HB 1181
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
House Bill 1181 (Delegate Guyton)
Ways and Means
County Boards of Education - Accessibility Standards - Digital Tools (Nonvisual
Access Accountability Act for Grades K-12 Education)
This bill requires each local board of education to provide a student with disabilities access
to specified digital tools that (1) are fully and equally accessible to and independently
usable by the student and (2) enable the student to acquire the same information, participate
in the same interactions, and access the same services as a student without disabilities, with
substantially equivalent ease of use. Each digital tool developed or purchased by a local
board must include specifications for access for students with disabilities, including
nonvisual access, in accordance with the technical standards for electronic and information
technology used under specified federal law or any other widely accepted or freely
available technical standard. Each local board must establish a process to evaluate digital
tools being considered for development or purchase for conformity with the above
requirements. The bill establishes certain procurement procedures regarding digital tools
and civil penalties for vendors that fail to meet specified accessibility standards, after
certain notification. The bill takes effect July 1, 2021.
Fiscal Summary
State Effect: General fund expenditures increase by $98,300 in FY 2022, increasing to
$130,600 by FY 2026, for Maryland State Department of Education (MSDE) costs to
implement the bill, as described below.
(in dollars) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
Revenues $0 $0 $0 $0 $0
GF Expenditure 98,300 118,200 121,900 126,200 130,600
Net Effect ($98,300) ($118,200) ($121,900) ($126,200) ($130,600)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: Beginning in fiscal 2022, expenditures for some local school systems may
increase. Any revenue increases for local boards of education due to civil penalties are
anticipated to be minimal.
Small Business Effect: Small businesses that provide digital tools and related services
may incur additional costs in order to serve local public schools.
Analysis
Bill Summary: Beginning September 1, 2021, each invitation for bids or request for
proposals issued by a local board for specified digital tools must require a vendor to submit
a specified accessibility conformance report as part of the bid. A local board may not
approve a procurement contract for a digital tool that does not meet standards established
by the bill. If within 18 months after development or purchase of a digital tool, the tool is
found to not meet specified standards, the local board must send written notice to the
vendor. At the vendor’s expense, the vendor must modify the digital tool to meet standards
within 12 months of receiving notice. A vendor that fails to do so is subject to a civil penalty
of up to $5,000 for a first offense, and up to $10,000 for a subsequent offense. A vendor
must indemnify the State for liability resulting from use of tools that do not meet standards
under the bill.
Each local board must establish a process to evaluate digital tools being considered for
development or purchase for conformity with the above requirements. The evaluation must
include evaluation of digital tools for nonvisual access by (1) a local school system vision
services specialist and (2) a specialist from the Office for Blindness and Vision Loss
Services within MSDE. Also, MSDE must compile, make available, and annually update
information that local boards must report regarding the accessibility of digital tools.
Current Law: The federal Individuals with Disabilities Education Act (IDEA) requires
that a child with disabilities be provided a free appropriate public education in the least
restrictive environment from birth through the end of the school year in which the student
turns 21 years old, in accordance with an individualized family service plan (IFSP) or
Individualized Education Program (IEP) specific to the individual needs of the child. An
IFSP is for children with disabilities from birth up to age 3, and up to age 5 under
Maryland’s Extended IFSP Option if a parent chooses the option. An IEP is for students
with disabilities age 3 through 21. Local school systems are required to make a free
appropriate public education available to students with disabilities from age 3 through 21.
However, the State, under its supervisory authority required by IDEA, has the ultimate
responsibility for ensuring that this obligation is met.
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Blind Children
MSDE, each local board of education, and the Maryland School for the Blind must work
together to meet the educational needs of blind children. Other than a child whose physical
condition makes the child’s instruction inexpedient or impracticable, each blind child must
attend a school or classes for the blind during the school year unless the child otherwise is
receiving regular, thorough instruction during the school year in studies usually taught in
the public schools to children of the same age.
Accessible Educational Materials
The Code of Maryland Regulations directs school systems to develop policies and
procedures for the purchase and acquisition of accessible textbooks and supplemental
curricular resources, in print and digital formats, that support teaching and learning in and
out of the classroom. This includes (among other things) policies and procedures related to
the selection and availability of equitable print- and technology-based educational
materials, including printed and electronic textbooks and related core materials that are
designed or converted in a way that makes them usable across the widest range of
individual variability regardless of format. Each local board must annually train special
education directors, principals, and other purchase specialists on the policies and
procedures for purchasing and using accessible teaching and learning materials to ensure
enforcement of the policies and procedures. Each local board of education and public
agency must comply with Web Content Accessibility Guidelines (WCAG, June 5, 2018)
when purchasing or selecting digital learning resources to provide equitable learning
opportunities for all students.
Federal Accessibility Law and Standards
The federal Rehabilitation Act of 1973 requires access to programs and activities that are
funded by federal agencies and to federal employment. Later amendments to the Act, under
Section 508, strengthened requirements for access to electronic and information
technology in the federal sector. Section 508 incorporates WCAG. The law also established
the Access Board, an independent federal agency that promotes equality for people with
disabilities through leadership in accessible design and the development of accessibility
guidelines and standards.
The Americans with Disabilities Act (ADA) requires State and local government agencies
to ensure that all electronic and information technology is accessible to individuals with
disabilities. It establishes a right for such individuals to file civil lawsuits for
noncompliance, even when the noncompliance is not intentional. The ADA Standards are
based on minimum guidelines set by the Access Board.
HB 1181/ Page 3
State Expenditures: MSDE expenditures increase annually, beginning in fiscal 2022.
One full-time program specialist within MSDE is needed to work with local boards to
establish the standardized evaluation process, conduct the required Division of
Rehabilitative Services evaluations of vendors’ products, and compile and post, on the
MSDE website, annual reports required by local school systems. Estimated costs assume
an October 1, 2021 starting date for the new position, and include salary, fringe benefits,
one-time start-up costs, and ongoing operating expenses.
Position 1.0
Salaries and Fringe Benefits $92,717
Operating Expenses and One-time Costs 5,581
Total FY 2022 MSDE Expenditures $98,298
Future-year expenditures reflect a full salary with annual increases and employee turnover
and ongoing operating expenses.
Local Fiscal Effect: Beginning in fiscal 2022, expenditures for some local school systems
may increase. The fiscal impact is assumed to be minimal based upon local school system
responses. Any increase in revenues for local public schools, beginning in fiscal 2022, in
the form of civil penalties assessed by local boards of education upon vendors, is also
assumed to be minimal.
Baltimore County Public Schools advises that its current local policy is substantially
similar to requirements under the bill, and therefore any effect of the bill can be absorbed
with existing resources. Baltimore City Public Schools anticipates the need for the addition
of one staff position to support vendors with the completion of the accessibility
conformance report, coordinate required reviews with MSDE, and monitor vendor progress
on conforming to the bill’s requirements. Prince George’s County Public Schools advises
that its annual costs will increase by approximately $250,000 to (1) add two staff positions
to ensure compliance with federal and State accessibility standards and (2) procure and
maintain software and related devices to test various digital tools.
Additional Information
Prior Introductions: None.
Designated Cross File: SB 921 (Senator Lam) - Education, Health, and Environmental
Affairs.
Information Source(s): Baltimore City Public Schools; Baltimore County Public
Schools; Prince George’s County Public Schools; Maryland State Department of
HB 1181/ Page 4
Education; Maryland School for the Deaf; Maryland Department of Disabilities; Access
Board; Department of Legislative Services
Fiscal Note History: First Reader - March 1, 2021
md/rhh
Analysis by: Scott P. Gates Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 1181/ Page 5


Statutes affected:
Text - First - County Boards of Education - Accessibility Standards - Digital Tools (Nonvisual Access Accountability Act for Grades K-12 Education): 8-317 Education