NIMAS/NIMAC and the Colorado Process: What is NIMAS Key Regulations in IDEA 2004 Key terms and definitions How NIMAS process works How to qualify students NIMAC What is NIMAC How to access NIMAC sourced files The Colorado Process How does this work in Colorado

NIMAS/NIMAC 2002 – National File Format (NFF) Technical Panel established 2003 – NFF Technical Panel Report defined NIMAS 2004 – NIMAS announced as voluntary standard 2004 – IDEA named NIMAS mandatory standard 2005 – NIMAC established by 12/2005 2006 – NIMAS published as final rule 7/19/2006 2006 – NIMAC operational by 12/2006

Acronyms NIMAS = National Instructional Materials Accessibility Standard NIMAC = National Instructional Materials Access Center AU = Authorized User AMP = Accessible Media Producers LUA = Limitation-of-Use Agreement LEA = Local Education Agency SEA = State Education Agency AT = Assistive Technology

Reading disability from organic dysfunction Braille Large print NIMAS is the a technical standard established for use by book publishers to produce source files (in XML) that may be used to develop multiple specialized formats for children with print disabilities Due to: Blindness Visual impairments Physical limitations Reading disability from organic dysfunction Braille Large print Audio text Digital text Produced by NICHCY, 2007

NIMAS in IDEA 2004 NIMAS is the National Instructional Materials Accessibility Standard, established under sections 612(a)(23)(A) and 674(e)(4) of the IDEA. The standard is a file set that includes all information typically prepared for publishing, including metadata, images and text, and is used to produce accessible instructional materials for students who are blind or who have other print disabilities.

Need for NIMAS Children who need instructional materials in “specialized formats” may not get them on time Children also may not receive instructional materials in accessible formats of consistent quality

Need for NIMAS Many files types are produced by publishers to meet state educational agency (SEA) and local educational agency (LEA) specifications, contributing to lengthy production time and costs A fragmented system with a wide range of conversion houses converts diverse file types to specialized formats

Problems Addressed by NIMAS Students Timely delivery of high quality accessible textbooks Breaks down one barrier to the general education curriculum Educators Reduces scanning duplication of effort – saves time and money Increases likelihood that specialized formats will be available when they are needed by students with print disabilities Supports the implementation of Universal Design for Learning providing greater support within the general education curriculum Publishers 50 States and 50 sets of requirements – complexity and cost Copyright issues – digital rights for text and images – can legally transfer all files directly to the national NIMAS file repository

NIMAS involves the integration of two Federal laws (IDEA Parts B and D, and the Chafee Amendment of 1996 to section 121 of the Copyright Act), Office of Special Education Programs funded two national centers, the NIMAS Development Center and the NIMAS Technical Assistance (TA) Center, to help facilitate the timely implementation of NIMAS by SEAs and LEAs.

NIMAS and IDEA 2004 PART B—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES SEC 612. Access to instructional materials. adopts the National Instructional Materials Accessibility Standard for the purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGIBILITY

NIMAS and IDEA 2004 PART D—NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH DISABILITIES SEC. 674. (1) IN GENERAL—The Secretary shall establish and support, through the American Printing House for the Blind, a center to be known as the 'National Instructional Materials Access Center'

Key regulations in IDEA IDEA 2004 limits NIMAS eligibility to students who are "Blind or other persons with print disabilities " and provides this definition: "Blind or other persons with print disabilities means children served under IDEA and who may qualify in accordance with the act entitled "An Act to provide books for the adult blind," approved March 31, 1931 (2 U.S.C. 135a; 46 Stat. 1487) to receive books and other publications produced in specialized formats." [674(e)(3)(A)] Student must qualify under (Copyright) Chafee guidelines and have a current IEP to use NIMAC sourced materials.

Key regulations in IDEA IDEA 2004 amended the copyright law (Chafee) to provide additional protection for publishers who provide files to the NIMAC in NIMAS format. It also extends specialized formats to include large print. Those who wish to download NIMAS files, either authorized users, AUs, or accessible media producers, AMPs, are required to sign the NIMAC Limitation of Use Agreement (LUA) that defines the purposes for which these files may be used. The files themselves are digitally fingerprinted and watermarked.

Chafee amendment "authorized entity" means a nonprofit organization or a governmental agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities; "blind or other persons with disabilities" means individuals who are eligible or who may qualify in accordance with the Act entitled "An Act to provide books for the adult blind", approved March 3, 1931 (2 U.S.C. 135a; 46 Stat. 1487) to receive books and other publications produced in specialized formats; and

Chafee amendment "specialized formats" means - Braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities; and with respect to print instructional materials, includes large print formats when such materials are distributed exclusively for use by blind or other persons with disabilities.

Which Students Qualify? The Library of Congress regulations (36 CFR 701.6(b)(1)) related to the Act to Provide Books for the Adult Blind (approved March 3, 1931, 2 U.S.C. 135a) provide that "blind persons or other persons with print disabilities" include: Blind persons whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting glasses, or whose widest diameter if visual field subtends an angular distance no greater than 20 degrees. Persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing the reading of standard printed material. Persons certified by competent authority as unable to read or unable to use standard printed material as a result of physical limitations. Persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner.

The Library of Congress regulations (36 CFR 701.6(b)(1)) The Library of Congress regulations (36 CFR 701.6(b)(1)) related to the Act to Provide Books for the Adult Blind (approved March 3, 1931, 2 U.S.C. 135a) provide that “blind persons or other persons with print disabilities” include: (i) Blind persons whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting glasses, or whose widest diameter if visual field subtends an angular distance no greater than 20 degrees. (ii) Persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing the reading of standard printed material. (iii) Persons certified by competent authority as unable to read or unable to use standard printed material as a result of physical limitations. (iv) Persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner.

The Library of Congress regulations (36 CFR 701.6(b)(1)) Competent authority is defined in 36 CFR 701.6(b)(2) as follows: (i) In cases of blindness, visual disability, or physical limitations “competent authority” is defined to include doctors of medicine, doctors of osteopathy, ophthalmologists, optometrists, registered nurses, therapists, professional staff of hospitals, institutions, and public or welfare agencies (e.g., social workers, case workers, counselors, rehabilitation teachers, and superintendents). (ii) In the case of a reading disability from organic dysfunction, competent authority is defined as doctors of medicine who may consult with colleagues in associated disciplines.

Key Definitions 1— Blind persons or other persons with print disabilities …in accordance with “An Act to provide books for adult blind,” approved March 3, 1931, 2 U.S.C. 135a §300.172(e)(1)(i) …means children served under Part B of IDEA who may qualify to receive books and other publications produced in specialized formats Produced by NICHCY, 2007

Key Definitions 2— Competent authority 36 CFR §701.6(b)(2) doctors of medicine doctors of osteopathy ophthalmologists optometrists registered nurses therapists professional staff of hospitals, institutions, and public or welfare agencies 36 CFR §701.6(b)(2) In cases of blindness, visual disability, or physical limitations, the term includes: Produced by NICHCY, 2007

Key Definitions 2— Competent authority 36 CFR §701.6(b)(2) doctors of medicine who may consult with colleagues in associated disciplines In the case of a reading disability from organic dysfunction, the term includes: Produced by NICHCY, 2007

Blind or other persons with print disabilities Blind persons whose visual acuity is 20/200 or less Persons with visual disability prevents the reading of standard printed material Persons as a result of physical limitations are unable to read or use standard printed material Persons with a reading disability that results from organic dysfunction and prevents reading printed material in a normal manner. For blindness, visual disabilities or physical limitations, competent authority is defined to include doctors of medicine, doctors of osteopathy, ophthalmologists, optometrists registered nurses, therapists, professional staff of hospitals, institutions, and public or welfare agencies. For reading disability from an organic dysfunction, competent authority is defined as doctors of medicine who may consult with colleagues in associated disciplines.

Bookshare’s definition of Student Eligibility under Chafee Disability Qualified/Not Qualified Examples of Certifying Professionals Visual Impairment (VI), such as blind or low vision Qualified A family doctor, ophthalmologist, optometrist, Teacher of the Visually Impaired, Special Education teacher Certification from the National Library Service Physical Disability (PD) which affects one’s ability to read print, such as inability to hold a book or turn pages A family doctor or other medical professional, physical therapist, resource specialist, Special Education teacher Learning or Reading Disability Students with a severe enough disability, and a professional certifying that the disability has a physical basis A neurologist, psychiatrist, learning disability specialist, Special Education teacher, school psychologist, or clinical psychologist with a background in learning disabilities Autism Emotional disabilities ADHD ESL and ELL Not qualified, unless accompanied by a visual or physical disability, or a qualified reading disability that has a physical basis Examples above Record of disability kept at school! 23

Colorado Procedure Colorado Procedures: Eligibility as a learner who is visually disabled in Colorado is outlined in the December 2007 Rules for the Administration of the Exceptional Children’s Education Act (ECEA)

Colorado Process: vision disability Rules for the Exceptional Children’s Education Act (1 CCR 301-8) Effective December 30, 2007 2.08 (2) A child with a vision disability shall have a deficiency in visual acuity and/or visual field performance where, even with the use of lenses or corrective devices, he/she is prevented from receiving reasonable educational benefit from regular education. 2.08 (2) (a) A vision disability shall be one or more of the following: 2.08 (2) (a) (i) Visual acuity of no better than 20/70 in the better eye after correction 2.08 (2) (a) (ii) Visual field restriction to 20 degrees or less.

Colorado Process: vision disability 2.08 (2) (1) (iii) A physical condition of visual system which cannot be medically corrected and as such affects visual functioning to the extent that specially designed instruction is needed. These criteria are reserved for special situations such as, but not restricted to, oculomotor apraxia, cortical visual impairment, and/or a progressive visual loss where field and acuity deficits alone may not meet the aforementioned criteria. The term “visual disability” does not include children who have learning problems which are primarily the result of visual perceptual and/or visual motor difficulties. 2.08 (2) (b) Criteria for a vision disability preventing the child from receiving reasonable educational benefit from regular education shall include: 2.08 (2) (b) (i) Requirement for Braille and/or adaptation of educational material, or 2.08 (2) (b) (ii) Requirement of specialized methods, aids, and/or equipment for learning, literacy, and/or mobility.

Colorado Procedure School-age learners who will qualify as having a print disability or a physical disability which affects one’s ability to read print such as inability to hold a book or turn pages, do not follow a strict ECEA designated “disability label” – the determination of alternative format needs of instructional materials for a student with a print disability will be made by an IEP team based on the evaluations of certified professionals and the individual needs of the student, but must also be verified by an appropriate medical doctor or certifying professional.

IDEA NIMAS Eligible Students A Subset of Students who Receive Special Education Services IDEA NIMAS

What about other Students with Print Disabilities? To achieve FAPE, IDEA 2004 requires SEAs & LEAs to provide accessible instructional materials to all students with print disabilities – whether or not they qualify for the materials available from the NIMAS/NIMAC production and distribution system. IDEA 2004 also allows SEAs & LEAs to meet the NIMAS related requirements through the “purchase of instructional materials directly from the publisher that are produced in, or may be rendered in, specialized formats: the “Market Model”

Other key definitions in IDEA: Print instructional materials Specialized formats Providing books and other publications produced in specialized formats in a "timely manner”.

What Materials are Included? Print Instructional Materials: The term 'print instructional materials' means printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a State educational agency or local educational agency for use by students in the classroom. Textbooks and related printed core materials such as workbooks, black line masters, related assessments, etc. Applies to print instructional materials published after July 19, 2006 (pending definition of term “publish”) OSEP has interpreted "published" to mean "available for purchase"

What are Specialized Formats? Braille Large print Audio Digital text NIMAS compliant XML files can be transformed into student-ready specialized formats

Key regulations in IDEA 2004 …Timely access to appropriate and accessible instructional materials inherent in a public agency’s obligation under IDEA to ensure that a free appropriate public education (FAPE) is available to all children with disabilities to enable them to participate in the general curriculum consistent with their individualized education programs (IEPs)

"Timely Manner" Must be defined by states as mandated in Section 300.172 of the Final Regulations of IDEA 2004 Colorado ECEA Rules state “In a timely manner” means that all reasonable steps have been taken to provide children with disabilities instructional materials at the same time that instructional materials are provided to nondisabled peers, Exceptional Children’s Educational Act, ECEA Rules, 5.01 (21) (c) (i) 2008

NIMAS TA Center suggests: States must also: NIMAS TA Center suggests: Identifying and sharing LEA best practices regarding accessible materials and access hardware & software Such as: Identifying children’s needs Identifying reading tools Training staff Monitoring progress Sharing info with NIMAC Work collaboratively with the State agency responsible for assistive technology programs Produced by NICHCY, 2007

What is the NIMAC? The NIMAC is a central repository that contains NIMAS source files. These files can be used to produce accessible formats on behalf of eligible print disabled students in grades K-12. Publishers deposit NIMAS files to the repository. The NIMAS files are checked to confirm that they are valid NIMAS, and are cataloged into a web-based database. Anyone is welcome to search the database. Those who have been authorized for access have user identifications and passwords. These authorized users (AUs) can directly download the files they need to convert into accessible formats. Or they can assign files for download to accessible media producers (AMPs) who have registered with NIMAC.

NIMAC The NIMAC contains NIMAS file sets of textbooks and related printed core materials published primarily for use in elementary or secondary education. NIMAS file sets are source files and are not designed to be handed directly to students. In operation since December 3, 2006 through a five year grant from the OSEP. The legislation that created the NIMAC defines its scope as only K-12 student in the United States.

Key Definitions NIMAC The national repository of NIMAS source files National Instructional Materials Access Center Maintained and coordinated by the American Printing House for the Blind (APH) in Louisville, Kentucky Produced by NICHCY, 2007

key points when accessing NIMAC-sourced books They are only available for U.S. K-12 students with print disabilities as defined in the Chafee Amendment to copyright law, AND who have an Individualized Education Plan (IEP). Cannot be shared with other non-qualifying students. Only teachers and staff members of U.S. public K-12 education agencies can download these books for qualifying students. To ensure compliance with the above limitations, students, parents, transcribers, private school teachers and adults with print disabilities cannot download these books.

What is a NIMAS File Set? XML-based source files NIMAS conforming XML content files Images in folders: SVG, PNG or JPEG (order of preference) – 300 dots per inch PDF of the print materials title page Package file (metadata about the materials and a manifest or list of submitted files)

2—K-12 publishers prepare and submit filesets to NIMAC Time for techno-speak. (You knew it was coming.) Its parts get XML tagged. You start with the textbook. Produced by NICHCY, 2007

Voilà! You have an XML-tagged file of that textbook page. Produced by NICHCY, 2007

Role and Responsibilities NIMAC will: maintain a catalog of print instructional materials prepared in the NIMAS made available to the Center by the textbook publishing industry, SEAs, and LEAS provide access to print instructional materials, including textbooks, in accessible media, free of charge, to blind or other persons with print disabilities in elementary schools and secondary schools develop, adopt and publish procedures to protect against copyright infringement with respect to the print instructional materials Produced by NICHCY, 2007

NIMAC Growth Jan. 2008 Jan. 2009 % increase Files accepted 3977 8636 217% AU downloads 294 822 280% AMP downloads 71 425 598% Files Available 4100 12571 307%

Future Directions: More Growth! The NIMAC already has received and accepted more than the number of file sets expected for the entire five years of the project grant. Unless the current recession adversely affects submissions, NIMAC expects to exceed last year’s submissions and reach over 20,000 file sets in the repository by the end of 2009!

NIMAC Team NIMAC Advisory Council Julia Myers, Project Director Nicole Gaines, NIMAC Manager Johanna Argo, NIMAC Support Specialist Tiffany Bradford, NIMAC Support Specialist OverDrive NIMAC Team NIMAC Advisory Council Provides input to NIMAC on policy and operations. Includes representatives from AMPs, AFB, OSEP, and states. Meets on a quarterly basis via teleconference.

How does all this work? Each year, SEAs adopt the NIMAS and SEAs and LEAs elect to coordinate with the NIMAC. An SEA’s Special Education Administrator names a NIMAS/NIMAC Coordinator who collaborates with AT programs, registers the state with the NIMAC, signs the NIMAC coordination agreement, and identifies and registers AUs for the state.

Colorado process Colorado NIMAS/NIMAC Coordinator Tanni L. Anthony, Ph.D. Supervisor - Low Incidence Disabilities / Consultant on Blindness/Visual Impairment Project Director of CO Services for Children and Youth with Combined Vision and Hearing Loss   (303) 866-6681 Colorado Department of Education Exceptional Student Leadership Unit 1560 Broadway, Suite 1175   Denver, CO 80202  

Working with NIMAC 1— SEAs or LEAs “adoption” 4— Authorized users prepare specialized formats for children 1— SEAs or LEAs “adoption” 5— Guess what happens here. 2— K-12 publishers submit filesets 3— NIMAC does its magic! Produced by NICHCY, 2007

Delivery of Specialized Formats LEAs request specialized formats from AUs, AMPs that operate under Chafee, and/or directly from publishers for use by blind, physically disabled, and other persons with print disabilities. Textbooks sold after 7/19/2006 may be requested to be added to the NIMAC.

What about new textbooks? State Educational Agencies (SEAs) and Local Education Agencies (LEAs) agree to include language in purchase contracts with publishers directing them to send NIMAS files of elementary and secondary "textbooks and related printed core materials" to the NIMAC.

Colorado Procedure Colorado Procedures: Contracts between textbook publishers and individual Colorado administrative units should stipulate the expectation that the publisher will provide a NIMAS file of the ordered textbooks to the NIMAC. It is better to err on the side of ordering all textbooks with a NIMAS file, as opposed to only those textbooks that are known to be needed by the student who is blind/visually impaired or print disabled. The goal of NIMAC is to build its repository files to increase access to textbooks across the state and the country. Publishers are aware of this expectation and should be very amendable to cooperate with this request.

Colorado Process Special Update Note per NIMAC (06/09): NIMAC receives the NIMAS source file(s) as result of the print book purchase from a local administrative unit. These files are processed, reviewed, and certified at the point of being received by the publisher. Presumably, in many or even most cased, by the time an accessible format is needed by a particular student, the file will already be available at the NIMAC and the turnaround time will revolve only around how long it takes for the accessible version to be produced by the authorized user.

4—Authorized users prepare specialized formats for children Produced by NICHCY, 2007 State coordinator designates up to 5 AUs and registers them with NIMAC Each AU must sign and submit NIMAC’s Limitation of Use Agreement AUs can search database, download materials in source files, or assign files to an Accessible Media Producer (AMP) Who’s an authorized user?

Big News! New AU Definition! In January 2009, per a directive from OSEP, the NIMAC has expanded the definition of who may be designated as an authorized user. The new definition enables State Coordinators to name as authorized users any agency which qualifies as an “authorized entity” under Chafee.

Authorized entity "authorized entity" means a nonprofit organization or a governmental agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities

Colorado Process Colorado Procedures: As of July 2009, the State of Colorado has three designated authorized users: (1) The Colorado Instructional Materials Center (CIMC), (2) Bookshare, and (3) Recording for the Blind and Dyslexic (RFB&D). The three entities are the only designated authorized users of the NIMAC for Colorado. As such, the CIMC, Bookshare and RFB&D can download the NIMAS files housed with NIMAC. These files will then be used to prepare large print, braille, digitized text, and audio books.

Colorado Process The CIMC is the only Colorado designated authorized user of NIMAS files for braille textbooks for students who are visually disabled. Colorado has a long and established history of ordering braille textbooks for students who have a visual disability. Teachers certified in the area of visual impairment order the needed books from the CIMC in the spring of each school year for the following school year. Orders can be made throughout the school year as new students are enrolled or new books are needed. Special Note: Only certified teachers of students with visual impairments can order braille textbooks on behalf of the Colorado Instructional Materials Center.  Costs to secure and produce braille textbooks are built into the annual CIMC budget, which is co-funded by CDE, the APH Quota Funds, and Colorado Administrative Units, and State Operated Programs who have learners with visual disabilities. The latter funding source is completed through an annual assessment fee to Colorado Administrative Units and State Operated programs.

Colorado Process The RFB&D is the only Colorado designated authorized user of NIMAS for human-recorded audio books for students who are blind/visually impaired or print disabled. Costs for human-recorded audio books will be determined by individual student / Administrative Unit / State Operated Program membership fees with the Recording for the Blind & Dyslexic.

Colorado Process Bookshare is the only Colorado designated authorized user of NIMAS files for digitized textbooks for students who are print disabled. The books can be read aloud on a computer using text-to-speech while words are highlighted at the same time. They are also available as digital braille should the certified teacher of students with visual impairments and/or certified administrative unit braillist deem this an appropriate format for a given book for a given students. Special note: Braille files should not be ordered through Bookshare unless the person who is ordering the book is a CO certified teacher of students with visual impairments and/or a Colorado Administrative Unit braillist. This policy is to ensure that the individual receiving the file has the needed full braille competency to ensure that the braille product is of high quality. There are no membership fees for qualified students with Bookshare per a five-year grant award to Bookshare from the United States Department of Education, Office of Special Education Programs (Cooperative Agreement #H325U040001). This grant award was effective October 1, 2007.

Resources Video Clip, Bonnie Jones, OSEP Building the Legacy: A Training Curriculum on IDEA 2004 National Dissemination Center for Children with Disabilities, (NICHY) http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CVideoClips%2C8%2C Building the Legacy: A Training Curriculum on IDEA 2004 National Dissemination Center for Children with Disabilities, (NICHY) http://idea.ed.gov/explore/view/p/,root,dynamic,TopicalArea,10, Copyright Law of the United States, Title 17 of the United States Code Circular 92, as amended in 2004 (Chafee) http://www.copyright.gov/title17/92chap1.html#106 OSEP NIMAS Regulations Summary http://nimas.cast.org/about/regulations/osep_summary

Resources Colorado ECEA Rules 2008 Rules (for the) Administration of the Exceptional Children’s Educational Act http://www.cde.state.co.us/cdesped/index.asp Colorado Procedures for Securing Adapted-Format Instructional Materials for Students who are Blind/Visually Impaired or Print Disabled Per NIMAS Requirements http://www.cde.state.co.us/cdesped/NIMAS.asp   NIMAS http://www.nimas.cast.org NIMAS FAQ http://nimas.cast.org/about/faq NIMAC http://www.nimac.us NIMAC FAQ http://www.nimac.us/faq_general.html

Resources NIMAC textbook purchase sample letter http://nimas.cast.org/about/resources/lea_critical_role