Laws and Policies

The laws and rules that pertain to the obligations for local School Administrative Units (SAUs) to provide services to students with disabilities and those related to the protection of copyrights are still confusing. Issues related to student eligibility for Accessible Educational Materials (AEM) may also still exist. We provide these resources to provide the best guidance.

Here are the major pieces of legislation:

• Individuals with Disabilities Education Improvement Act (IDEA04).
  • National Instructional Materials Access Center (NIMAC).
  • Maine Requirements/interpretations.
    • Timely Manner.
    • Coordinating with the NIMAC.
  • Maine Department of Education – Special Services Forms.
• Higher Education Opportunity Act.
• U.S. Copyright Laws.
  • Public Law 104-197.
• Maine Statutes.
• US Department of Education “Dear Colleague Letters”.

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Individuals with Disabilities Education Improvement Act (IDEA04)

The Individuals with Disabilities Education Improvement Act (IDEA04) requires the timely delivery of accessible instructional materials to students who are IDEA04 eligible. To assist in implementation of this requirement, IDEA04 established the National Instructional Materials Access Center (NIMAC) that serves as a repository for electronic files prepared in the National Instructional Materials Accessibility Standard (NIMAS) format. NIMAS is the technical standard to be used by publishers in the preparation of electronic files. A NIMAS source file can converted into accessible formats (NOTE: this was formerly called specialized formats – Braille, large print, digital audio and electronic text and was changed in 2020 – see information below).

IDEA04 specifically requires that each state education agency (SEA):

1. Adopt NIMAS as the technical standard for electronic file sets for accessible instructional materials. (§300.172(a)(1)), and
2. Establish a State definition of “timely manner” for purposes of providing accessible instructional materials to IDEA04 eligible students in a timely manner.(§300.172(a)(2)

NIMAC/NIMAS

The National Instructional Materials Access Center (NIMAC) – is an acquisition system for specialized formats of textbooks and related core instructional materials sold after July 18, 2006. The NIMAC is a national repository of electronic files of textbooks and core instructional materials that are submitted directly by publishers. These files, once downloaded from the NIMAC, are then available to be converted to accessible formats. Although the process of downloading files is limited to authorized individuals, the NIMAC is freely searchable by anyone .

The electronic files that are submitted to the NIMAC by publishers are based on the National Instructional Materials Accessibility Standard (NIMAS), and are known as NIMAS source files. The NIMAS is a technical standard used by publishers to produce source files of their textbooks and related core instructional materials. A single file based on the NIMAS is built once and then, upon download from the NIMAC, rendered many times in multiple formats. The NIMAS and NIMAC significantly reduce the amount of time it takes to get specialized formats of core instructional materials to the students who need them.

NIMAS and the NIMAC originate from a provision within the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 04). The law requires that printed textbooks and related core instructional materials be provided to students with print disabilities in specialized formats in a timely manner. In Maine, “timely manner” means, “at the same time as other students receive their core instructional materials in print format.” “Core instructional materials” are textbooks and related core materials published with texts that are primarily for use in elementary and secondary school instruction and required by state or location education agencies for use by students in the classroom.

Self Assurance

For those who did not assure coordination with NIMAC, the agency must provide accessible, alternative format instructional materials to students who are blind or have other print disabilities in a timely manner through their own resources and will not have access to the NIMAC repository of files.

Recent Changes to NIMAC

The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled was adopted in 2013 by the International World Intellectual Property Organization (WIPO), and its provisions were incorporated into United States law as the Marrakesh Treaty Implementation Act (MTIA) in 2018. The MTIA updated section 121 of the U.S. Copyright Law (also known as the “Chafee Amendment”) to meet the terms of the treaty. The goal of both the treaty and the MTIA is to ensure equitable access to books and other text-based materials by individuals with visual or other print disabilities.

In December 2019, Congress also updated the statute authorizing the National Library Service for the Blind and Print Disabled at the Library of Congress (NLS statute). This statute is sometimes called “An Act to provide books for the adult blind.” In order to provide consistency with the MTIA, Congress revised the NLS statute to include some of the new terminology that the MTIA had incorporated into section 121 of the Copyright Law.

The statutory changes introduced by the MTIA amendments to section 121 and revised NLS statute have implications for the provisions in the Individuals with Disabilities Education Act (IDEA) pertaining to the National Instructional Materials Accessibility Standard (NIMAS). The NIMAS provisions of IDEA, in fact, reference both section 121 and the NLS statute. The statutory changes impacting the NIMAS provisions are as follows:

1. The term “eligible person” is now used to describe students who qualify for NIMAS-derived materials and
2. The term “accessible formats” is now used to describe the types of formats that may be developed from NIMAS file sets.

These changes were recently included in the OSEP memorandum to states regarding IDEA Part B grant applications – PDF .

For more information see NIMAS Terms Clarified Post Marrakesh – National Center on AEM

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Maine Requirements and Interpretations of Federal Laws

Timely Manner:

The Maine Department of Education has adopted NIMAS as the technical standard for Maine through the Local Entitlement Application  –  (Local Entitlement Application information available as a MS-Word document). The Maine Department of Education, with input from the Maine AEM Communities of Practice, has defined “timely manner” as follows:

School Administrative Units (SAUs) will provide print instructional materials in accessible specialized formats (i.e. Braille, audio, digital, large print) to children who are blind or have other print disabilities in a timely manner.

Timely manner means that SAUs will ensure that children with print disabilities have access to specialized instructional materials at the same time as students without print disabilities.

In cases when a student with a print disability is newly identified or transfers schools, temporary accommodations must be provided while accessible specialized formats are being acquired.

To deliver accessible print materials in a timely manner, each SAU must either assure they will coordinate with NIMAC or assure they will provide accessible, alternative format instructional materials to students who are blind or have other print disabilities in a timely manner through their own resources. Each Maine SAU must provide this assurance in their Local Entitlement Application –  annually.

NIMAC Coordination

For those SAUs who did assure coordination with NIMAC (“opt-in”), any print instructional material adoption process, procurement contract, or other purchase of print instructional materials must include a written requirement that the publisher:

1. Prepare and, on or before the delivery of the print instructional materials, provide to the NIMAC, electronic files containing the contents of the print instructional materials using the NIMAS, and/or
2. Produce and provide the print instructional materials in specialized formats. (20 U.S.C. 1412(a)(23)(C) and §300.172(c)).

The print instructional materials covered by such contract or purchase agreement language include print textbooks and related print core materials that are written and published primarily for use in elementary and secondary school instruction and are required by a state or local education agency for use by students in the classroom. Here is suggested language for inclusion on SAU’s textbook purchase orders. The SAU is free to modify this to suit their needs.

As noted above, for those SAUs who did not assure coordination with NIMAC, the agency must provide accessible, alternative format instructional materials to students who are blind or have other print disabilities in a timely manner through their own resources and will not have access to the NIMAC repository of files.