Pennsylvania Code › Title 22 - EDUCATION › Part XX - Charter Schools › Chapter 711 - CHARTER SCHOOL AND CYBER CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES › IEP › Section 711.45 - Access to instructional materials

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department adopts the National
				  Instructional Materials Accessibility Standard (NIMAS) as defined in section
				  674(e)(3)(B) of IDEA (20
				  U.S.C.A. §
											1474(e)(3)(B),
				  and set forth at 71 FR 41084 (July 19, 2006) for the purpose of providing print
				  instructional materials in alternate accessible formats or specialized formats
				  to blind persons or other persons with print disabilities in a timely manner.
				  To insure the timely provision of high quality, accessible instructional
				  materials to children who are blind or other persons with print disabilities,
				  charter schools and cyber charter schools shall adopt the NIMAS. The NIMAS
				  refers to a standard for source files of print instructional materials created
				  by publishers that may be converted into accessible instructional
				  materials.
(b) Charter schools and
				  cyber charter schools shall, in a timely manner, provide print instructional
				  materials in specialized, accessible formats (that is, Braille, audio, digital,
				  large-print, and the like) to children who are blind or other persons with
				  print disabilities, as defined in
				  2 U.S.C.A. §
											135a regarding books and sound reproduction
				  records for blind and other physically handicapped residents annual
				  appropriations and purchases.
(c)
				  Charter schools and cyber charter schools act in a timely manner in providing
				  instructional materials under subsection (a) if they take all reasonable steps
				  to ensure that children who are blind or other persons with print disabilities
				  have access to their accessible format instructional materials at the same time
				  that students without disabilities have access to instructional materials.
				  Charter schools and cyber charter schools may not withhold instructional
				  materials from other students until instructional materials in accessible
				  formats are available.
(d) Receipt
				  of a portion of the instructional materials in alternate accessible or
				  specialized format shall be considered receipt in a timely manner if the
				  material received covers the chapters that are currently being taught in the
				  student's class.
(e) If a child who
				  is blind or other person with a print disability enrolls in school after the
				  start of the school year, a charter school or cyber charter school shall take
				  all reasonable steps to ensure that the student has access to accessible format
				  instructional materials within 10 school days from the time it is determined
				  that the child requires printed instructional materials in an alternate
				  accessible or specialized format.
(f) The Department, charter schools or cyber
				  charter schools may coordinate with the National Instructional Materials Access
				  Center (NIMAC) to facilitate the production of and delivery of accessible
				  materials to children who are blind or other persons with print disabilities.
				  The NIMAC refers to the central repository, established under section 674(e) of
				  IDEA (20 U.S.C.A. §
											1474(e)), which is
				  responsible for processing, storing and distributing NIMAS files of textbooks
				  and core instructional materials.
(g) Charter schools and cyber charter schools
				  coordinating with NIMAC shall require textbook publishers to deliver the
				  contents of print instructional materials to the NIMAC in NIMAS format files on
				  or before delivery of the print instructional materials to the charter schools
				  or cyber charter schools. Charter schools or cyber charter schools that choose
				  not to coordinate with NIMAC may require that publishers deliver the contents
				  of print instructional materials to the NIMAC in NIMAS format files on or
				  before delivery of the print instructional materials to the charter schools or
				  cyber charter schools.
The provisions of this §
												711.45 adopted under sections
						1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P. S.
						17-1732-A(c)(2) and
						17-1749-A(b)(8).