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NATIONAL INSTRUCTIONAL MATERIALS ACCESSIBILITY STANDARD (NIMAS) - Regulations

3. Establish SEA rights and responsibilities.

Nothing in 34 CFR 300.172 shall be construed to require any SEA to coordinate with the NIMAC. If an SEA chooses not to coordinate with the NIMAC, the SEA must provide an assurance to the Secretary that it will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

Nothing in this section relieves an SEA of its responsibility to ensure that children with disabilities who need instructional materials in accessible formats, but are not included under the definition of blind or other persons with print disabilities in 34 CFR 300.172(e)(1)(i) or who need materials that cannot be produced from NIMAS files, receive those instructional materials in a timely manner.

In order to meet its responsibility under paragraphs 34 CFR 300.172 (b)(2), (b)(3), and (c) to ensure that children with disabilities who need instructional materials in accessible formats are provided those materials in a timely manner, the SEA must ensure that all public agencies take all reasonable steps to provide instructional materials in accessible formats to children with disabilities who need those instructional materials at the same time as other children receive instructional materials.
[34 CFR 300.172(b)] [20 U.S.C. 1412(a)(23)(B)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. How has your SEA previously supported access to necessary materials for the blind and others with print disabilities?
    • In your opinion, to what extent will the previous/current process ensure access for all who need it if they do not access NIMAC?
    • Does your SEA have the technology to comply with this provision?


  2. In your opinion, do you foresee NIMAS/NIMAC having an impact on the materials available to support state standards and local curricula? What might you see as a result of the implementation of NIMAS/NIMAC?


  3. This provision speaks to “instructional materials”. Please cite examples of materials that might be included or excluded from NIMAS/NIMAC.


  4. How could the lack of accessible instructional materials influence AYP in your schools?


Application Questions

  1. If the SEA does not coordinate with NIMAC what steps will the SEA take and how will it ensure materials are provided to students with print disabilities?


  2. What procedures are/could be put into place to ensure that alternate format materials are available to students with disabilities at the same time as other children receive instructional materials? What are some examples of “reasonable steps” to ensure such availability?


  3. In order for a student in need of special print materials to receive them at the same time as other students, what amount of advance time and planning is needed?

    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