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NATIONAL INSTRUCTIONAL MATERIALS ACCESSIBILITY STANDARD (NIMAS) - Regulations
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1. Provide definitions related to purchase of and access to instructional materials.
These definitions apply to each State and local educational agency (LEA), whether or not the State or LEA chooses to coordinate with the National Instructional Materials Access Center (NIMAC).
[34 CFR 300.172(e)(2)] [20 U.S.C. 1412(a)(23)(E), 1413(a)(6), 1474(e)(3)(A)]
"NIMAS" has the meaning given that term in section 674(e)(3)(B) of the Act (NIMAS means the standard established by the Secretary to be used in the preparation of electronic files suitable and used solely for efficient conversion into specialized formats).
[34 CFR 300.172(a)(1)(iii)] [20 U.S.C. 1474(e)(3)(B)]
“Specialized formats” has the meaning given that term in section 674(e)(3)(D) of the Act (“Specialized formats” means Braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities; and with respect to print instructional materials, includes large print formats when such materials are distributed exclusively for use by blind or other persons with disabilities).
[34 CFR 300.172(e)(1)(iv)] [20 U.S.C. 1474(e)(3)(D); 17 U.S.C. 121(d)(3)]
“NIMAC” means the center established in section 674(e) of the Act, through the American Printing House for the Blind (APH), not later than one year after the date of enactment of IDEA. NIMAC’s duties are:
The statute defines “print instructional materials” to be printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a SEA or LEA for use by students in the classroom.
[20 U.S.C. 1474(e)(3)(C)]
“Blind persons or other persons with print disabilities” means children served under Part 300 who may qualify to receive books and other publications produced in specialized formats in accordance with the Act entitled “An Act to Provide Books for the Adult Blind,” approved March 3, 1931, 2 U.S.C. 135a.
[34 CFR 300.172(e)(1)(i)] [20 U.S.C. 1474(e)(3)(A)]
2 The Library of Congress regulations (36 CFR 701.6(b)(1)) related to the act to Provide Books for the Adult Blind (approved March 3, 1931, 2 U.S.C. 135a) provide that “blind persons or other persons with print disabilities” include: (i) Blind persons whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting glasses, or whose widest diameter if visual field subtends an angular distance no greater than 20 degrees; (ii) Persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing the reading of standard printed material; (iii) Persons certified by competent authority as unable to read or unable to use standard printed material as a result of physical limitations; and (iv) Persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner. Competent authority is defined in 36 CFR 701.6(b)(2) as follows: (i) In cases of blindness, visual disability, or physical limitations “competent authority” is defined to include doctors of medicine, doctors of osteopathy, ophthalmologists, optometrists, registered nurses, therapists, professional staff of hospitals, institutions, and public or welfare agencies (e.g., social workers, case workers, counselors, rehabilitation teachers, and superintendents); and (ii) In the case of a reading disability from organic dysfunction, competent authority is defined as doctors of medicine who may consult with colleagues in associated disciplines.
U.S. Department of Education -- Office of Special Education Programs -- NIMAS -- 10.04.06
These definitions apply to each State and local educational agency (LEA), whether or not the State or LEA chooses to coordinate with the National Instructional Materials Access Center (NIMAC).
[34 CFR 300.172(e)(2)] [20 U.S.C. 1412(a)(23)(E), 1413(a)(6), 1474(e)(3)(A)]
"NIMAS" has the meaning given that term in section 674(e)(3)(B) of the Act (NIMAS means the standard established by the Secretary to be used in the preparation of electronic files suitable and used solely for efficient conversion into specialized formats).
[34 CFR 300.172(a)(1)(iii)] [20 U.S.C. 1474(e)(3)(B)]
“Specialized formats” has the meaning given that term in section 674(e)(3)(D) of the Act (“Specialized formats” means Braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities; and with respect to print instructional materials, includes large print formats when such materials are distributed exclusively for use by blind or other persons with disabilities).
[34 CFR 300.172(e)(1)(iv)] [20 U.S.C. 1474(e)(3)(D); 17 U.S.C. 121(d)(3)]
“NIMAC” means the center established in section 674(e) of the Act, through the American Printing House for the Blind (APH), not later than one year after the date of enactment of IDEA. NIMAC’s duties are:
- To receive and maintain a catalog of print instructional materials prepared in the NIMAS, as established by the Secretary, made available to such center by the textbook publishing industry, State educational agencies (SEAs), and LEAs.
- To provide access to print instructional materials, including textbooks, in accessible media, free of charge, to blind or other persons with print disabilities in elementary schools and secondary schools, in accordance with such terms and procedures as the NIMAC may prescribe.
- To develop, adopt and publish procedures to protect against copyright infringement, with respect to the print instructional materials provided in sections 612(a)(23) and 613(a)(6) of the Act.
The statute defines “print instructional materials” to be printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a SEA or LEA for use by students in the classroom.
[20 U.S.C. 1474(e)(3)(C)]
“Blind persons or other persons with print disabilities” means children served under Part 300 who may qualify to receive books and other publications produced in specialized formats in accordance with the Act entitled “An Act to Provide Books for the Adult Blind,” approved March 3, 1931, 2 U.S.C. 135a.
[34 CFR 300.172(e)(1)(i)] [20 U.S.C. 1474(e)(3)(A)]
2 The Library of Congress regulations (36 CFR 701.6(b)(1)) related to the act to Provide Books for the Adult Blind (approved March 3, 1931, 2 U.S.C. 135a) provide that “blind persons or other persons with print disabilities” include: (i) Blind persons whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting glasses, or whose widest diameter if visual field subtends an angular distance no greater than 20 degrees; (ii) Persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing the reading of standard printed material; (iii) Persons certified by competent authority as unable to read or unable to use standard printed material as a result of physical limitations; and (iv) Persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner. Competent authority is defined in 36 CFR 701.6(b)(2) as follows: (i) In cases of blindness, visual disability, or physical limitations “competent authority” is defined to include doctors of medicine, doctors of osteopathy, ophthalmologists, optometrists, registered nurses, therapists, professional staff of hospitals, institutions, and public or welfare agencies (e.g., social workers, case workers, counselors, rehabilitation teachers, and superintendents); and (ii) In the case of a reading disability from organic dysfunction, competent authority is defined as doctors of medicine who may consult with colleagues in associated disciplines.
U.S. Department of Education -- Office of Special Education Programs -- NIMAS -- 10.04.06
Dialogue Starter - Cross-stakeholder
Reaction Questions
- Given the Library of Congress regulations related to the act entitled “ An Act to Provide Books for the Adult Blind,” how do we identify students as “others with print disabilities”? Can you give some examples of what disabilities might be intended?
- How might this provision be helpful to students other than those with visual disabilities?
- In your opinion what impact does the definition of eligible students as those who may qualify to receive books and other publications produced in specialized formats in accordance with the Act entitled “An Act to Provide Books for the Adult Blind,” approved March 3, 1931, 2 U.S.C. 135a have on implementing NIMAS?
- What type of materials should be considered “related printed core materials”?
Application Questions
- What procedures and practices need to be in place to define eligibility for “specialized formats” to be provided as a result of NIMAS?
- What procedures will the school have in place to ensure students, families, and IEP teams are aware of available materials and services, so that they can make informed choices?
- What procedures will the school have in place to ensure students have available materials provided in the most appropriate format and in a timely manner?
- What
procedures will the school have in place to ensure that staff and
students have the hardware and software to provide access to the
appropriately formatted materials?
These questions were developed by the following stakeholders working together:
Role: Teacher
Location: California
Role: Related Service Provider
Location: Connecticut
Role: Educational Consultant
Location: Florida
Role: Related Service Provider
Location: Florida
Role: Special Education Administrator
Location: Florida
Role: General Education Administrator
Location: Illinois
Role: Teacher
Location: Minnesota
Role: Family Member
Location: West Virginia
Role: TA Provider
Location: Massachusetts