Accessible Classroom Materials: Where to Go, What to Do & How to Do It! Brian W. Wojcik, MS. Ed., ATP with contributions by Steve Clements

Disclaimer Me ≠ Lawyer AIMs is large and complex. Only a portion will be presented and discussed today. There is more out there!

UNDERSTANDING ACCESSIBLE INSTRUCTIONAL MATERIALS (AIMS)

What classroom materials are inaccessible to your students?

What impacts do inaccessible classroom materials have on your students?

What does accessible mean?

Understanding the AIMs Mandate

The AIMs Mandate: Section 504 Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of physical or mental disability (29 U.S.C. 794): – “No otherwise qualified individual with a disability in the United States … shall, solely by reason of his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance…" Source:

The AIMs Mandate: Section 504 The Section 504 regulation applies to all recipients of this funding, including— – "a department, agency, special purpose district, or other instrumentality of a state or of a local government"; – "the entity of such state or local government that distributes such assistance and each such department or agency (and each other state or local government entity) to which the assistance is extended, in the case of assistance to a state or local government"; or – "a local educational agency (as defined in section 2891(12) of title 20), system of vocational education, or other school system". Source:

The AIMs Mandate: IDEIA 2004 Timely access to appropriate and accessible instructional materials is an inherent component of public agencies' obligations under the Act to ensure that FAPE is available for children with disabilities and that they participate in the general education curriculum as specified in their IEPs." (Section § (b)(3)) Source:

A Note about “Timely Manner” While at this time no information can confirm that Illinois has defined ‘timely manner’ for the state, generally ‘timely manner’ means ensuring – that all public agencies take all reasonable steps to provide instructional materials in accessible formats to children with disabilities who need those instructional materials at the same time as other children receive instructional materials (§ (b)(4)) Source:

What Students are Impacted by the AIMS Mandate? Students that are considered to have a Print Disability

What is a Print Disability? In accordance with the Act entitled "An Act to Provide Books for the Adult Blind,"approved March 3, 1931, [2 U.S.C. § 135(a)], 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 Source:

Question… Do you have students that do not meet this definition but still have difficulty with accessing print?

Good News! There are resources available to assist in the provision of AIMs for students who do not meet the definition of having a print disability as well as those students who do meet the definition.

The Big ‘BUT’… However, it is knowing the requirements of each of the resources that is the most important part of the process because not all resources are available for all students.

UNDERSTANDING THE COPYRIGHT ISSUES

Issues in Copyright Copyright Infringement Fair Use Chafee Amendment National Instructional Materials Accessibility Standard Provisions (NIMAS) in IDEIA 2004

Acknowledgment of the source of copyrighted material is considered ‘fair use’.

Educators can make copies of copyrighted materials for use within the classroom.

Educators can make copies of copyrighted material for personal use.

Special Educators and other persons responsible for providing alternate formats can transform copyrighted materials into those alternative formats.

If no copyright notice (e.g., © 2009) is present, then the item is not copyrighted and open for duplication and dissemnation.

Copyright Infringement Occurs when an action “violates any of the exclusive rights of the copyright owner” May result in punitive action taken against the violator including fines and incarceration. Source:

Fair Use The four factors judges consider in determining ‘fair use’ are: – the purpose and character of your use – the nature of the copyrighted work – the amount and substantiality of the portion taken, and – the effect of the use upon the potential market.

Chafee Amendment Amendment to Chapter 1 of title 17, United States Code, May scan print copyrighted material to a digital format for access by students with print disabilities. Scanning cannot replace purchasing. Authorized Personnel May not be sold Standardized assessments not scanned Bear original copyright and notice.

NIMAS IDEIA 2004 introduced the National Instructional Materials Accessibility Standard or NIMAS. NIMAS is a standard – a set of rules for creating accessible text – which allows the text to be read with specialized equipment and/or software or converted to an accessible format.

NIMAS (Continued) IDEIA 2004 also created the National Instructional Materials Accessibility Center (NIMAC). NIMAC is a repository for files prepared under the NIMAS Standard. The NIMAC receives NIMAS files from textbook publishers.

NIMAS (Continued) When school districts adopt a new textbook or textbook series, under the NIMAS provision, the school district is to include language in the contract that requires the publisher to provide NIMAS versions of the textbook or textbook series being adopted to the NIMAC.

NIMAS (Continued) Example Contract Language: By agreeing to deliver the materials marked with "NIMAS" on this contract or purchase order, the publisher agrees to prepare and submit, on or before ___/___/_____ a NIMAS file set to the NIMAC that complies with the terms and procedures set forth by the NIMAC. Should the vendor be a distributor of the materials and not the publisher, the distributor agrees to immediately notify the publisher of its obligation to submit NIMAS file sets of the purchased products to the NIMAC. The files will be used for the production of accessible formats as permitted under the law for students with print disabilities. This is page __ of __ of this contract or purchase order. For additional information about NIMAS, please refer to For additional information about the NIMAC, refer to

NIMAS (Continued) Files contained within the NIMAC repository can be made available to qualifying students and subsequently, if necessary, produced in an alternate accessible form (e.g., Braille, Large Print, Audio, or Digital Text) without copyright infringement.

PATHWAYS TO PROVIDING AIMS TO STUDENTS

Key Questions When Considering the Provision of AIMs Does the student require accessible, alternate format versions of printed textbooks and printed core materials? Has this need been documented in the student’s 504 plan or IEP? Is the material copyrighted? Does the student certified by a competent authority as having a print disability? Does the student have either a 504 plan or an IEP?

Key Questions When Investigating Repositories of Accessible Text What is the nature of the collections? (e.g., subject area collections, textbooks, periodicals, trade books, etc.) What formats are available from the repository? (e.g.,.txt,.rtf,.doc,.docx,.pdf, etc.) Is there a cost to access the files in the repository?

Notes Provision of AIMs when those materials are copyrighted may – be acquired from the publisher – go through the Chafee Amendment or NIMAS provisions (should the student qualify)

More Notes When accessing files under the Chaffee Amendment or NIMAS, it is important to note that different repositories accept different competent authorities to certify print disabilities.

Popular Repositories Readily Available Content (e.g., public domain e-text and audio e-text equivalents, Public Library Audio Books) Commercially Available Content (e.g., Audible.com, Recorded Books, ITunes Music Store, Amazon, etc.)

Popular Repositories (Continued) National Library Service for the Blind and Physically Handicapped ( – Collection Holdings: Periodicals, Tradebooks and Catalogs – File Formats Available: cassette tapes, Braille – Cost to Access: No

Popular Repositories (Continued) Recordings for the Blind and Dyslexic ( – Collection Holdings: Textbooks, Periodicals, Tradebooks – File Formats Available:.wma, DAISY – Cost to Access: Yes

Popular Repositories (Continued) Infinitext ( – Collection Holdings: Textbooks, Tradebooks – File Formats Available:.txt, pdf,.kes., and.mp3 – Cost to Access: No (must be a member of the Coalition)

Popular Repositories (Continued) Bookshare.org ( – Collection Holdings: Textbooks, Periodicals, Tradebooks – File Formats Available:.brf, DAISY – Cost to Access: No (for qualifying K-12 Students), Yes (for others)

Popular Repositories (Continued) NIMAC ( – Collection Holdings: Textbooks, Core Instructional Materials – File Formats Available: NIMAS – Cost to Access: No