§ 300.172 Access to instructional materials.

Plain English summary

This section requires States to adopt the National Instructional Materials Accessibility Standard (NIMAS) and either coordinate with the National Instructional Materials Access Center (NIMAC) or provide an independent assurance to the Secretary that instructional materials will be delivered to blind persons or other persons with print disabilities in a timely manner. SEAs must ensure all public agencies take all reasonable steps to provide accessible instructional materials to eligible children with disabilities at the same time other children receive those materials. States must also define 'timely manner' and, if coordinating with NIMAC, enter written contracts with publishers to require NIMAS-compliant electronic files.

Key requirements

• The State must adopt the National Instructional Materials Accessibility Standard (NIMAS), published as appendix C to part 300, for the purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner after publication of the NIMAS in the Federal Register on July 19, 2006.
• The State must establish a State definition of 'timely manner' for purposes of paragraphs (b)(2) and (b)(3) of this section if the State is not coordinating with the NIMAC or (b)(3) and (c)(2) of this section if the State is coordinating 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 § 300.172(e)(1)(i) or who need materials that cannot be produced from NIMAS files, receive those instructional 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.
• If an SEA chooses to coordinate with the NIMAC, as of December 3, 2006, the SEA must, as part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, 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 the NIMAS; or purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats.
• In carrying out this section, the SEA, to the maximum extent possible, must work collaboratively with the State agency responsible for assistive technology programs.
• The definitions in paragraph (e)(1) of this section apply to each State and LEA, whether or not the State or LEA chooses to coordinate with the NIMAC.

Affected parties

• State Educational Agencies (SEAs)
• Local Educational Agencies (LEAs)
• Public agencies
• Children with disabilities who need instructional materials in accessible formats
• Blind persons or other persons with print disabilities
• Publishers of print instructional materials
• National Instructional Materials Access Center (NIMAC)
• State agencies responsible for assistive technology programs
• Secretary of Education

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.172