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.

 

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…