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What are accessible instructional materials?

Who is eligible to receive accessible instructional materials?

Who can certify students as eligible to receive accessible instructional materials? 

How is the certification for eligibility for accessible instructional materials documented?

How is the need for accessible instructional materials documented in a student’s educational plan?

Where can school districts obtain accessible instructional materials for students who are blind or have other print disabilities?

Are there other commercial sources for obtaining accessible instructional materials?

What federal statutes require the provision of accessible instructional materials?

What statutes support the provision of accessible instructional materials?

Who determines the need for accessible instructional materials?

How do school systems acquire accessible instructional materials?

Future Use


What are accessible instructional materials?

Accessible instructional materials are materials that are available in specialized formats for students who are blind or other print disabled and are unable to access or read standard print instructional materials.  

 

Specialized formats has the meaning given the term in section 121(d)(4) of title 17, United States Code:

(A)     Braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities.

(B)     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.

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Who is eligible to receive accessible instructional materials? 

Students with disabilities who are blind or other print disabled are eligible to receive accessible instructional materials in specialized formats.  Other print disabled includes students who are visually impaired (but not legally blind), physically disabled, or reading disabled due to organic brain dysfunction.

 

The Library of Congress regulations (36 CFR 701.10(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 documented by a competent authority,  is 20/200 or less in the better eye with correcting glasses, or whose widest diameter of 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 a competent authority as preventing the reading of standard printed material.

(iii)  Persons certified by a competent authority as unable to read or unable to use standard printed materials as a result of physical limitations.

(iv)   Persons certified by a 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.

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Who can certify students as eligible to receive accessible instructional materials? 

In order for a student who is blind or has other print disabilities to be determined eligible for accessible instructional materials, the student’s eligibility must be certified by a competent authority.
 

Competent authority is defined in the Library of Congress regulations (36 CFR 701.6(b)(2)) related to the Act to Provide Books for the Adult Blind (approved March 3, 1931, 2 U.S.C. 135a) as follows:

(i)      In the 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, and professional staff of hospitals, institutions, and public or private welfare agencies (e.g., social workers, case workers, counselors, rehabilitation teachers, and superintendents).

In the case of a reading disability from organic brain dysfunction, “competent authority” is defined as doctors of medicine who may consult with colleagues in associated disciplines.
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How is the certification for eligibility for accessible instructional materials documented?

For students that are considered other print disabled, the local education agency must have on file a copy of a signed statement from a competent authority that has been completed within the last three years.  For students who are blind, the local education agency must have on file a copy of an eye report from an optometrist or ophthalmologist that has been completed within the last three years. These documents will have to be made available if an audit is conducted to confirm eligibility.

 

If a school district chooses to obtain accessible instructional materials from sources other than the GIMC, the district will need to provide the certification of eligibility required by the agency or vendor from which the materials are being ordered.

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How is the need for accessible instructional materials documented in a student’s educational plan?

For students served through an Individualized Education plan the need for accessible instructional materials is documented in special considerations section of the IEP. For students served through a Section 504 Accommodation Plan the need for accessible instructional materials must be documented in the plan in the same manner as other modifications or accommodations.

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Where can school districts obtain accessible instructional materials for students who are blind or have other print disabilities?

In Georgia, the GIMC assists local school districts in obtaining accessible instructional materials for eligible students.  Prior to ordering materials from the GIMC, districts must register students with the GIMC using the registration forms provided on the GIMC website at www.gimc.org. The GIMC is currently using a paper-based student registration system, but will be converting to a web-based application in the near future.  Materials available through the GIMC are currently available in the following formats: braille, large print, and DAISY with images created from NIMAS files. In the near future the GIMC will also begin to provide DAISY with images from textbooks that do not have a NIMAS file set and is considering audio (mp3 only) files.

 

School districts may also obtain accessible instructional materials directly from national accessible media producers such as Benetech, Recording for the Blind and Dyslexic, and the American Printing House for the Blind. 

 

·         The American Printing House for the Blind (APH) produces and sells braille and large print textbooks and some fiction and non-fiction books. APH also maintains a national database of books that are available from any vendor in an accessible format. This is called the Louis database and it can be accessed through the APH website. In addition, APH administers Federal Quota Funds that can be used by states to purchase braille and large print textbooks for students who are legally blind (i.e. have a visual acuity of 20/200 or worse). In Georgia, the GIMC serves as the trustee for the Quota Funds which are used by the GIMC to purchase textbooks for eligible students based on orders submitted from local school districts.  The textbooks are then provided on loan to students and are stored in the GIMC’s book depository when not in use. 

 

Schools and parents may also purchase braille and large print books directly from the APH. Information about books and other materials are available on APH’s website at www.aph.org.

When materials are purchased by schools and parents, they remain the property of the purchasing party. 

 

The APH operates the National Instructional Materials Access Center (NIMAC) which serves as the file repository of National Instructional Materials Accessibility Standard (NIMAS) files that are submitted to the NIMAC by textbook publishers and are then made available to Authorized Users to assist in

the production of core print instructional materials in specialized formats.  This GIMC has been appointed by the GaDOE as the Authorized User of NIMAS files for Georgia.  The GIMC can use or assign these files to an accessible media producer in the production of accessible instructional materials.  NIMAS files are source files and must be converted into another format in order to be ready for student use.

 

·         Benetech is a non-profit social enterprise that operates Bookshare.org, an initiative that provides accessible books and periodicals to individuals with disabilities.  Books from Bookshare.org are available in two specialized formats:  the DAISY digital talking book standard and braille files (.brf). 

Individual, school and group Bookshare.org memberships are available for students with disabilities. Memberships are free of charge when used to obtain accessible instructional materials for students with disabilities. This is a result of funding provided to Bookshare.org by the Office of Special Education Programs (OSEP) at the United States Department of Education to support the implementation of the Bookshare for Education (B4E) initiative. As a result,  Bookshare.org no longer charges a membership fee to students who are blind or have other print disabilities effective 10-01-07.  The GIMC works with the NIMAC to provide NIMAS files to Bookshare.org to support the increased availability of accessible instructional materials. If a Georgia textbook is not available at Booshare.org, school district staff should contact the GIMC to request that a NIMAS file be assigned to Bookshare.org. A free DAISY reader is available for download for members to read accessible instructional materials produced by Bookshare.org. Most third party DAISY readers can play a DAISY file produced by Bookshare.org.

 

Schools districts wishing to obtain accessible books through Bookshare are encouraged to establish a school district account to facilitate the book ordering and delivery process.  It will then be necessary to complete the Organizational Membership Agreement and register individual students.  For information about school memberships, visit Bookshare’s website at www.bookshare.org.              

·      Recording for the Blind and Dyslexic (RFB&D) has a collection of over 40,000 audio books for individuals with disabilities.  Presently, all books are digitally recorded by volunteer readers and made available to students on a CD in a DAISY format.   In the near future, RFB&D will begin production of digital books with text-to-speech and text using NIMAS files. In order to play RFB&D digitally recorded textbooks, students will need to use specially adapted CD players or software. RFB&D offers a complete line of players, software and accessories for nonprofit sale. Many other players can also read RFB&D books if provided with a software key available from RFB&D. For more information about RFB&D, visit their website at www.rfbd.org.

Individual and institutional memberships are available.  School districts wishing to obtain accessible books through RFB&D should consider obtaining an institutional membership which will most likely be more cost effective than establishing individual memberships.  Please visit RFB&D’s website for information about the costs of these memberships.  The GIMC works with the NIMAC to provide NIMAS files to RFB&D to support the increased availability of accessible instructional materials.  If a Georgia textbook is not available in RFB&D’s inventory, the school district staff should request that RFB&D produce the book and then contact the GIMC to request that a NIMAS file be assigned to RFB&D.

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Are there other commercial sources for obtaining accessible instructional materials?

There are many vendors that produce and sell large print and braille textbooks. These books as well as RFB&D audio books are listed in the Louis database on the APH website. Vendor contact information is provided for available books. It is anticipated that listings of electronic formats of textbooks will be listed on the Louis database in the future. A listing of commercial companies and organizations that can produce accessible instructional materials can be found in the Accessible Media Producers database available in the Louis database area of the APH website.

Textbook publishers often provide free electronic formats such as accessible .pdfs of their instructional materials that may or may not be accessible for a student with a particular disability. There is hope that in the future the textbook publishers will begin to produce and sell truly accessible versions of their instruction materials as demand for these materials increases.

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What federal statutes require the provision of accessible instructional materials?

·         Section 504 of The Rehabilitation Act of 1973 prohibits discrimination on the basis of physical or mental disability (29 U.S.C. 794):

o        "No otherwise qualified individual with a disability in the United States … shall, solely by reason of his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance…"

o        Funding recipients must provide "auxiliary aids to qualified students who have disabilities", and the Office of Civil Rights, United States Department of Education, has determined that Section 504 at 34 C.F.R. § 35.160 (Communication):

o        "…in this context to mean the transfer of information, including (but not limited to) the verbal presentation of a lecturer, the printed text of a book, and the resources of the Internet.

·         Individuals with Disabilities Education Act of 2004

o        Requires that State Education Agencies (SEAs) and/or Local Education Agencies (LEAs) "will provide instructional materials to blind persons or other persons with print disabilities in a timely manner" (Part B, Sec. 612(a)(23)(B) and Sec. 613(a)(6)(B)).

o        "…nothing in this section would relieve an SEA (or LEA) of its responsibility to ensure that children with disabilities who need instructional materials in accessible formats, but who do not fall within the category of children for whom the SEA may receive assistance from NIMAC, receive those instructional materials in a timely manner. Timely access to appropriate and accessible instructional materials is an inherent component of public agencies' obligations under the Act to ensure that FAPE is available for children with disabilities and that they participate in the general education curriculum as specified in their IEPs." (Section § 300.172(b)(3))

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What statutes support the provision of accessible instructional materials?

          The Library of Congress regulations (36 CFR 701.10(b)(1)) related to the Act to Provide Books for the Adult Blind (approved March 3, 1931, 2 U.S.C. 135a) was enacted to provide books for the use of the adult blind residents of the United States, including the several States, Territories, insular possessions, and the District of Columbia.

         Initially addressed only adults who were blind, but was amended in 1952 to include children and in 1966 to include individuals with physical disabilities that prevent the reading of standard print instructional materials.

          Chafee Amendment to the U.S. Copyright Law of 1931 (1996)

         Was enacted to allow alternate format creation by "a nonprofit organization or governmental agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities"

          Individuals with Disabilities Education Act

         Establishes the National Instructional Materials Accessibility Standard (NIMAS), published in appendix C to part 300, for the purposes of providing instructional materials to blind persons and other persons with print disabilities, in a timely manner after the publication of the NIMAS in the Federal Register on July 19, 2006 (71FR41084);

         Establishes the National Instructional Materials Accessibility Standard (NIMAS), published in appendix C to part 300, for the purposes of providing instructional materials to blind persons and other persons with print disabilities, in a timely manner after the publication of the NIMAS in the Federal Register on July 19, 2006 (71FR41084);

         Establishes a State definition of “timely manner” for the provision of accessible instructional materials.

         Establishes the National Instructional Materials Access Center which serves as a repository for the NIMAS files and is responsible for distributing these files to authorized users.

         State and local education agencies may coordinate with the NIMAC and will require publishers to provide NIMAS file sets of adopted/purchased books

         State and local education agencies not coordinating with the NIMAC are still responsible for providing materials in a timely manner.                    

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Who determines the need for accessible instructional materials?

          For students with disabilities who qualify for special education services, the IEP team is responsible for determining the need for accessible instructional materials.

          For students with disabilities who do not qualify for special education services but who qualify for accommodations under a Section 504 Plan, the Student Support Team is responsible for determining the need for accessible instructional materials.

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How do school systems acquire accessible instructional materials?

  • Braille:
    • Textbooks and related core materials-
      • Loaned from Georgia Instructional Materials Center
      • Purchased by local school system from vendors
      • Produced by school system staff
    • Other Instructional Materials-
      • Trade books and literary works
        • Loaned from Georgia Instructional Materials Center
        • Loaned from the National Library Services for the Blind
        • Purchased by local school system from vendors
        • Produced by school system staff (ex: translation software with editing/formatting, embossing downloaded files)
      • Study Guides and Test Preparation Materials
        • Purchased by local school system from vendors
        • Produced by school system staff (ex: translation software with editing/formatting)
  • Large Print:
    • Textbooks and Related Core Materials-
      • Loaned from Georgia Instructional Materials Center
      • Purchased by local school system from vendors
      • Produced by school system staff
    • Other Instructional Materials
      • Trade books and Literary works
        • Loaned from Georgia Instructional Materials Center
        • Loaned from local and regional library systems
        • Purchased by local school system from vendors
        • Produced by school system staff
      • Study Guides and Test Preparation Materials
        • Purchased by local school system from vendors
        • Produced by school system staff
  • Audio (recording only):
    • Textbooks and Related Core Materials-
      • Loaned from Recording for the Blind and Dyslexic (older titles)
      • Produced by school system staff
    • Other Instructional Materials-
      • Trade books and Literary works
        • Ordered from the Recording for the Blind and Dyslexic (older titles)
        • Loaned from local and regional library systems
        • Loaned from National Library Services for the Blind (older titles)
        • Purchased from vendors
        • Downloaded for purchase in mp3, I-pod, audible.com, etc. formats
      • Study Guides and Test Preparation Materials
        • Purchased by local school system from vendors
        • Produced by school system staff

          Electronic

    • Textbooks and Related Core Materials-
      • Loaned from Recording for the Blind and Dyslexic (DAISY and Enhanced DAISY).
      • Downloaded from Bookshare.org (DAISY).
      • Ordered from textbook publisher in available formats (e.g. Macromedia, accessible PDF, etc.)
      • Ordered from Accessible Media Producer in appropriate formats
      • Produced by school system staff in appropriate formats (e.g. advanced reading aid, etc)
    • Other Instructional Materials-
      • Trade books and Literary works
        • Loaned from Recording for the Blind and Dyslexic (DAISY and Enhanced DAISY).
        • Downloaded from Bookshare.org (DAISY).
        • Loaned from National Library Service (Enhanced DAISY)
        • Ordered from Accessible Media Producer in appropriate formats
        • Purchased from various commercial vendors that may or may not be accessible
        • Produced by school system staff in appropriate formats (e.g. advanced reading aid, etc)
    • Other Instructional Materials
      • Study Guides and Test Preparation Materials
        • Purchased by local school system from vendors
        • Produced by school system staff
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Future Use

[Future Answer]

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Revised: 03/03/09.

 

Questions or problems regarding this web site should be directed to Jim Downs.  2009 Georgia Instructional Materials Center. All rights reserved.
Last modified: March, 2010.