IDEA -- Reauthorized Statute

## **NATIONAL INSTRUCTIONAL MATERIALS ACCESSIBILITY STANDARD (NIMAS)**

The reauthorized *Individuals with Disabilities Education Act* (IDEA)
was signed into law on Dec. 3, 2004, by President George W. Bush. The
provisions of the act became effective on July 1, 2005, with the
exception of some of the elements pertaining to the definition of a
"highly qualified teacher" that took effect upon the signing of the act.
This is one in a series of documents, prepared by the Office of Special
Education and Rehabilitative Services (OSERS) in the U.S. Department of
Education, that covers a variety of high-interest topics and brings
together the statutory language related to those topics to support
constituents in preparing to implement the new requirements.[^1] This
document addresses only the changes to the provisions of IDEA regarding
NIMAS that took effect on July 1, 2005. It does not address any changes
that may be made by the final regulations.

### 

### IDEA 2004:

**1. Adds definitions related to NIMAS.**

-   "NIMAS." "NIMAS" has the meaning given the term in Section
    674(e)(3)(B). 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.
    \[612(a)(23)(E)(ii)\]

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-   "Specialized formats." "Specialized formats" has the meaning given
    the term in Section 674(e)(3)(D), which specifies that "specialized
    formats" has the meaning given the term in 17 U.S.C. Section
    121(d)(3) \[but the term is now in Section 121(d)(4)\]. "Specialized
    formats" means Braille, audio or digital text which is exclusively
    for use by blind or other persons with disabilities....
    \[612(a)(23)(E)(iii)\]

-   "Print instructional materials." "Print instructional materials"
    means 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 state education
    agency (SEA) or local education agency (LEA) for use by students in
    the classroom. \[674(e)(3)(C)\]

-   "Blind or other persons with print disabilities." "Blind or other
    persons with print disabilities" means children served under IDEA
    and who may qualify in accordance with the act entitled "An Act to
    provide books for the adult blind," approved March 31, 1931 (2
    U.S.C. 135a; 46 Stat. 1487) to receive books and other publications
    produced in specialized formats. \[674(e)(3)(A)\]

-   "National Instructional Materials Access Center (NIMAC)." "NIMAC"
    means the center established pursuant to Section 674(e), which
    specifies that the secretary shall establish and support, through
    the American Printing House for the Blind, a center to be known as
    the NIMAC not later than one year after the date of enactment of
    IDEA 2004. \[(674(e)(1), 612(a)(23)(E)(i)\]

**2. Establishes the basis for adoption of NIMAS.**

The state adopts NIMAS for the purposes of providing instructional
materials to blind persons or other persons with print disabilities in a
timely manner after the publication of NIMAS in the *Federal Register*.
\[612(a)(23)(A)\]

# 

# 3. Mandates access to instructional materials.

-   Nothing in Section 612(a)(23) shall be construed to require any
    state education agency (SEA) to coordinate with NIMAC. If an SEA
    chooses not to coordinate with NIMAC, such agency shall provide an
    assurance to the secretary that the agency will provide
    instructional materials to blind persons or other persons with print
    disabilities in a timely manner.

-   If an SEA chooses to coordinate with NIMAC, not later than two years
    after the date of enactment of IDEA 2004, the agency, as part of any
    print instructional materials adoption process, procurement
    contract, or other practice or instrument used for purchase of print
    instructional materials, shall enter into a written contract with
    the publisher of the print instructional materials to:

    -   Require the publisher to prepare, and, on or before delivery of
        the print instructional materials, provide to NIMAC electronic
        files containing the contents of the print instructional
        materials using NIMAS; or

    -   Purchase instructional materials from the publisher that are
        produced in, or may be rendered in, specialized formats.

\[612(a)(23)(B)-(C)\]

**4. Mandates collaboration with assistive technology programs.**

In carrying out Section 612(a)(23), the SEA, to the maximum extent
possible, shall work collaboratively with the state agency responsible
for assistive technology programs. \[612(a)(23)(D)\]

5\. Establishes a deadline regarding coordination with NIMAC.

-   Not later than two years after the date of the enactment of IDEA
    2004, an LEA that chooses to coordinate with NIMAC, when purchasing
    print instructional materials, shall acquire the print instructional
    materials in the same manner and subject to the same conditions as
    an SEA acquires print instructional materials under Section
    612(a)(23).

-   Nothing in Section 613(a)(6) shall be construed to require an LEA to
    coordinate with NIMAC. If an LEA chooses not to coordinate with
    NIMAC, the LEA shall provide an assurance to the SEA that the LEA
    will provide instructional materials to blind persons or other
    persons with print disabilities in a timely manner.

\[613(a)(6)(A)-(B)\]

**6. Establishes the duties of NIMAC.**

The duties of NIMAC are the following:

-   To receive and maintain a catalog of print instructional materials
    prepared in NIMAS, as established by the secretary, made available
    to NIMAC by the textbook publishing industry, 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; and

To develop, adopt and publish procedures to protect against copyright
infringement, with respect to the print instructional materials provided
under Sections 612(a)(23) and 613(a)(6). \[674(e)(2)\]

[^1]: Topics in this series include: Alignment With the *No Child Left
    Behind Act*; Changes in Initial Evaluation and Reevaluation;
    Children Enrolled by Their Parents in Private Schools; Discipline;
    Disproportionality and Overidentification; Early Intervening
    Services; Highly Qualified Teachers; Individualized Education
    Program (IEP) Team Meetings and Changes to the IEP; Individualized
    Education Program (IEP); Local Funding; National Instructional
    Materials Accessibility Standard (NIMAS); Part C Amendments in *IDEA
    2004*; Part C Option: Age 3 to Kindergarten Age; Procedural
    Safeguards: Surrogates, Notice and Consent; Procedural Safeguards:
    Mediation and Resolution Sessions; Procedural Safeguards: Due
    Process Hearings; Secondary Transition; State Funding; and Statewide
    and Districtwide Assessments. Documents are available on the OSERS
    Web site at: www.ed.gov/about/offices/list/osers/index.html.