Radio Jim : Kentucky

Kentucky

A close up of a school experience

Vis-à-vis Kentucky adoptions

Linda Ellis

[my comments in brackets. Ms. Ellis described the process publishers went through to comply with Kentucky requirements for electronic format of texts through the bidding process. It is evident by her description that DOE and Procurement officials as well as the attorneys working for the AG’s office did not use the same language when discussion the issue reflecting a lack of knowledge of the publishing process, a lack of knowledge of technology, and a misunderstanding of what the electronically formatted material was required to support.]

Hopefully, Ky is a worse case scenario.

School Market

State determines books used
You sell to the district
In 2003 Ky was set to decide titles on practical living and vocational studies materials
This is the bill that created the problem

KY requires formats for use by students requiring reading accommodations
Bid sheet says DOE must receive copy of alternative format
3 levels of compliance

XML with Alt tags
MS word or Rich text
PDF (marginal compliance)

Thomson first question was low resolution vs high resolution

SW began ordering PDF files at low resolution

Second question – can we use locked PDF’s?

First answer was may meant permissible
So they sent locked files
Ky changed mind – must be unlocked

Operating system issue

Found out if original done on a PC – you had to save to a MAC to make work

Not all Ky schools were using Adobe readers
Some PDF files weren’t opening

Version of adobe was at issue

But AG, interpreted “to the extent feasible” meant alternative format was optional

[publishers think pre-emption is only means to assure infringement not a problem. They want to prevent the crime, not punish the crime.]

So, Ky reopened bidding and provided general guidelines

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