Changes to AEM and NIMAS terms

From the National Center on Accessible Instructional Materials

Recent federal statutory developments have impacted the provision of accessible educational materials, specifically those sourced from NIMAS files. The following changes mean that certain aspects of the AEM Navigator are now outdated:

  1. Definitions of key NIMAS-related terms have been updated.
  2. The NIMAC is now permitted to accept NIMAS files sourced from digital instructional materials.

First, as a result of changes to Copyright Law in response to the Marrakesh Treaty Implementation Act, key NIMAS-related terms have been updated. See our recent announcement NIMAS Terms Clarified Post Marrakesh to learn about the new terms “eligible person” and “accessible format.” The definition of “eligible person” has implications for the guidance that the AEM Navigator provides for who can use materials created from NIMAS source files from the NIMAC. We are currently waiting on the Library of Congress for regulations that will update the process currently outlined in the AEM Navigator.

Second, the U.S. Department of Education recently published a Notice of Interpretation in the Federal Register permitting the NIMAC to accept NIMAS files sourced from digital instructional materials. Previously, as reflected throughout the AEM Navigator, the NIMAC was permitted to accept NIMAS files from print instructional materials only. We are currently working with our stakeholders to develop new guidance and technical assistance to support educators with navigating a student’s need for accessible materials, whether those materials start as print or as digital.

We look forward to providing you with a new version of the AEM Navigator. The timeline primarily depends on when the Library of Congress  publishes procedures related to the new term “eligible person.”  While we don’t expect to be able to replace the AEM Navigator Online Tool due to the technology now being outdated, we will certainly build the best experience possible for you and your team.

If you have questions or comments regarding upcoming changes to the AEM Navigator, please contact us at aem@cast.org.

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.

Read more about Laws and Policies related to AEM…