Medical Doctor Certification No Longer Required for Reading Disabilities

From the National Center on Accessible Educational Materials (NC-AEM)

NLS Publishes New Regulations: Medical Doctor Certification No Longer Required for Reading Disabilities

student with stack of booksWe’re pleased to inform you of important regulatory changes that should ease access to accessible formats of materials for students with reading disabilities, including dyslexia.

Background

In March of 2020, we sent a notification about changes to U.S. copyright law that have an impact on students served under the Individuals with Disabilities Education Act (IDEA) and may also qualify to receive accessible formats of materials derived from the National Instructional Materials Accessibility Standard (NIMAS). At that time, the Library of Congress Technical Corrections Act of 2019 had amended terminology for persons eligible to receive accessible materials consistent with the Marrakesh Treaty Implementation Act (MTIA).

Please see the following section of our website for details about that March 2020 notification: NIMAS Terms Clarified Post Marrakesh. You may also recall that in January of 2020 the U.S. Department of Education included information and language about the impact of changes made by the MTIA within procedures for receiving a FFY 2020 Part B grant award. 

Update

On February 12, 2021, the National Library Service (NLS) published the regulations that go along with the Library of Congress Technical Corrections Act of 2019. In addition to expanding the list of persons who may certify a student’s eligibility for accessible formats, the Library of Congress removed the requirement for certification by a medical doctor for those with reading disabilities. Educators, school psychologists, and certified reading specialists are now among the professionals authorized to certify students with reading disabilities.

Read the Library of Congress’s final rule: Loans of Library Materials for Blind and Other Print-Disabled Persons: A Rule by the Library of Congress on 02/12/2021.

The National AEM Center will be providing technical assistance to states and districts to support the implementation of these changes. Our team welcomes any immediate questions or concerns. Please contact us at aem@cast.org.

In these otherwise challenging times, we’re relieved to celebrate this advancement in access with you, your students, and their families.

Sincerely,

Cynthia Curry
Director of Technical Assistance, CAST
Director of the National AEM Center

 

National Library Service for the Blind and Print Disabled (NLS) issues new guidelines

NIMAC logoNational Library Service for the Blind and Print Disabled (NLS) has issued new eligibility guidelines for their services. The guidelines have been revised to align them with changes to copyright made by the Marrakesh Treaty Implementation Act (MTIA).

While the new guidelines are important for NSL users, they also have an impact on National Instructional Materials Access Standard – NIMAS eligibility criteria. The revised Individuals with Disabilities Education Act of 2004 – IDEA 2004 requires that students have an IEP and a qualifying disability in order to be eligible for materials produced from NIMAS. For the qualifying disability criterion, the legislation points to the NLS guidelines. For this reason, it is recommended that all National Instructional Materials Access Center – NIMAC users review the new guidelines.

A significant and positive change for NIMAS noted is that the pool of professionals that qualify to certify eligibility has been expanded to read:

(2) Eligibility must be certified by one of the following: doctor of medicine, doctor of osteopathy, ophthalmologist, optometrist, psychologist, registered nurse, therapist, and professional staff of hospitals, institutions, and public or welfare agencies (such as an educator, a social worker, case worker, counselor, rehabilitation teacher, certified reading specialist, school psychologist, superintendent, or librarian).

The NIMAC will soon be updating its Limitation of Use Agreements and Coordination Agreements to incorporate the updated language, and providing additional guidance related to the change.

 

2020 Guide for Maine Families on AT and AEM Published

EducationThe Maine CITE Assistive Technology Program is pleased to release the revised Guide for Maine Families on Assistive Technology and Accessible Educational Materials. The 2020 Guide provides Maine families who have children with disabilities an easy to use resource describing how to get the assistive technology (AT) devices and services they need. Information about accessible education materials (AEM) and families’ important role in the planning process are also provided.

The 2020 Guide updates general information about AT and AEM. It includes new resources about assistive technology used during “learning at home” activities, as well as AT device demonstration and loan services – AT4Maine.org.

Use this link to download the The 2020 Guide – PDF

Assistive Technology Re-authorization Act Introduced in Senate

Casey, Collins Introduce Bill to Expand Access to Assistive Technology for Seniors and People with Disabilities

Legislation Would Help Seniors and People With Disabilities Maintain Independence

US Capitol DomeWashington, D.C. – Today, June 13, 2019, U.S. Senators Bob Casey (D-PA) and Susan Collins (R-ME), the Ranking Member and Chairman of the Special Committee on Aging, introduced the 21st Century Assistive Technology Act that would increase access to assistive technology—devices or services that help seniors and people with disabilities to maintain their independence and live where they choose.  The bill, which comes following a May 22nd hearing in the Aging Committee on the topic, would also help reduce the low employment and high poverty rates of older adults and people with disabilities by helping them live independently and maintain employment.

“Assistive technology helps millions of people live independently, remain engaged in their community and improves the quality of life for seniors and people with disabilities,” said Senator Casey.  “It is important that we update this bill to support the advances in assistive technology over the last 15 years, so that those who need it can be full participants in every aspect of their lives.”

“As our population ages, the need for care and support is increasing,” said Senator Collins.  “Advances in technology are working to bridge the ‘care gap,’ improving function in activities of daily living, helping to manage multiple chronic conditions, reducing risk of hazards, and making homes safer for seniors.  The 21st Century Assistive Technology Act would help to ensure that seniors continue to have access to these life-changing technologies to help them maintain their independence.”

The 21st Century Assistive Technology Act (S.1835) Act would update the Assistive Technology Act by clarifying that the program serves all people with disabilities, including veterans and older adults who developed disabilities later in life. The Assistive Technology Act would also increase the funding authorized for programs that serve rural areas. Assistive technology refers to any piece of equipment, product or service that helps someone with a disability or functional limitation accomplish their daily needs such as wheelchair ramps, hearing aids, screen readers and even smart phones.

This bill is supported by the Assistive Technology Act Programs, the Association of University Centers on Disabilities, the Autistic Self Advocacy Network, the American Association of People with Disabilities, The Arc of the United States, the National Center for Special Education in Charter Schools and CAST.

Please contact Senator Collins office to receive an accessible version of the proposed 21st Century Assistive Technology Act.