Effective - 28 Aug 2007
170.135. Captioning of electronic video instructional materials — definitions — failure to comply, civil penalty. — 1. As used in this section, the following terms mean:
(1) "Captions", when the audio portion of video programming is displayed as text superimposed over the video;
(2) "Closed captions", captions that may be turned on or off by the viewer;
(3) "Electronic video instructional materials", materials designed, marketed, and sold for use in the instructional programs of educational institutions in Missouri, including but not limited to materials on videotape, CD-ROM, digital video disc (DVD), and film;
(4) "Open captions", captions that are always viewable and cannot be turned on and off by the viewer.
2. Beginning January 1, 2008, every publisher or manufacturer of electronic video instructional materials offered for adoption or sale in the state shall supply such materials with open captions or closed captions, except for the following:
(1) Video products or portions of video products for which the publisher does not have the rights to add captions; and
(2) Video products or portions of video products for which the user does not receive a physical copy of the product, but rather the product is otherwise broadcast into the instructional environment through television programming, teleconferences, and/or products distributed over the internet or world wide web.
3. If the publisher or manufacturer fails to comply with the requirements of this section, the publisher or manufacturer shall be liable to the entity that purchased the electronic video instructional materials in the amount of three times the amount paid by the purchasing entity to have captions placed on the materials.
4. In order to ensure the effective implementation of subsection 3 of this section, a liability claim may be made on behalf of the purchasing entity by either the individual purchaser; a school, school district, college, or university that employs the individual purchaser; the Missouri department of elementary and secondary education; or the Missouri department of higher education and workforce development.
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(L. 2007 H.B. 181)
Structure Missouri Revised Statutes
Title XI - Education and Libraries
Chapter 170 - Instruction — Materials and Subjects
Section 170.005 - Eye protection required, when.
Section 170.007 - Industrial quality eye protective devices defined.
Section 170.009 - Instructions and recommendations for eye protection to be prepared by boards.
Section 170.014 - Reading instruction act — reading programs established, essential components.
Section 170.020 - Social and emotional health education, voluntary pilot project.
Section 170.031 - Physiology texts to contain chapter on dental hygiene — penalty.
Section 170.041 - Physical education supplies and equipment — certain districts may raise funds for.
Section 170.049 - Veterans Day observance in schools.
Section 170.057 - Incidental fund moneys may be used for books, supplies and educational television.
Section 170.121 - Publisher to designate secretary of state as agent for service of process.
Section 170.171 - Board member accepting bribe — penalty.
Section 170.201 - Boards may accept gifts for libraries — investment (seven-director districts).
Section 170.211 - Public library — powers of board in urban districts.
Section 170.221 - Art gallery and museum — powers of board in urban districts.
Section 170.225 - Rules, procedure.
Section 170.260 - Motivated students program, requirements.
Section 170.300 - Phonics instruction pilot project.
Section 170.307 - Mental health awareness training and instruction required — rules.
Section 170.312 - Safe place for newborns act, instruction on, requirements.
Section 170.340 - Books of religious nature may be used, when.
Section 170.345 - Missouri civics education initiative — examination required — waiver, when.
Section 170.350 - Constitution Project of the Missouri Supreme Court, participation in, effect of.