Feds provide clarification on definition of print materials

The Office of Special Education and Rehabilitative Services (OSERS), Department of Education has announced a “Final notice of interpretation” regarding the definition of “print instructional materials’’ in the Individuals with Disability Education Act – IDEA regarding digital instructional materials. In this final interpretation, effective May 26, 2020, OSERS noted the “trend” toward digital materials in classrooms, a far different landscape from 2004 when IDEA was last amended and the National Instructional Materials Access Center (NIMAC) was created. At that time, the vast majority of instructional materials were printed on paper and NIMAC was implemented to allow for the schools to convert printed instructional materials into specialized formats for a student with a print disability in a timely manner.

According to the announcement in the Federal Register Vol. 85, No. 101 of May 26, 2020:

“…the Department interprets the phrase ‘printed textbooks and related printed core  materials’ referred to in the definition of ‘print instructional materials’ in section 674(e)(3)(C) of IDEA (20 U.S.C. 1474(e)(3)(C)) to include digital instructional materials that comply with NIMAS, because that is the primary medium through which many textbooks and core materials are now produced.”

The full announcement in the May 26th Federal Register may be downloaded in PDF on the govinfo.gov website.

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