[blindkid] Fwd: Subject: Books (Not) On Time

[Leah Pratt Roberts]

Oops, looks like I used the wrong blindkid address the first time.

---------- Forwarded message ----------
From: Leah Pratt Roberts <hikingshoes at gmail.com>
Date: Mon, Oct 29, 2012 at 1:36 PM
Subject: re: Subject: [blindkid] Books (Not) On Time
To: blindkid-request at nfbnet.org
Cc: DrV <icdx at earthlink.net>, hikingshoes at gmail.com


Eric, I was trying to read up on this last week. Here are some links on
NIMAS and related law. I read an interview, which I haven't found yet
today, that gave insight into the details and history of NIMAS. It would
seem that a lawsuit would be appropriate here, especially if a group one
could be filed with multiple examples from the same state. May I ask who
publishes the textbook? Perhaps in the meantime you could directly contact
the publishing company to request the file be sent to your LEA or SEA,
since there would be no copyright infringement for the publisher to do so?
There may also be an ombudsman or an accessibility contact at your state
Education Association. I agree that a single email here and there won't
solve the problem at this point.



http://aim.cast.org/learn/policy/federal/nimas_q_and_a



Question A-5: Who has responsibility for determining whether particular
students are eligible to receive accessible materials produced through
NIMAS files obtained through the NIMAC? Are LEAs required to pay for
additional medical certification to verify that a student’s print
disabilities are organic in nature?

Answer: Section 674(e)(2)(B) of the IDEA provides that educational
materials produced from NIMAS files obtained through the NIMAC may only be
provided to blind or other persons with print disabilities in elementary
and secondary schools. Section 674(e)(3)(A) of the IDEA defines the term
“blind or other persons with disabilities” as children served under IDEA
who qualify under the Library of Congress regulations implementing the Act
to Provide Books for the Adult Blind. These regulations specify (a) those
students who are eligible to receive educational materials in specialized
formats produced from NIMAS files received from the NIMAC (36 CFR
§701.6(b)(1)); and (b) the competent authorities who can certify a student
as eligible to use specialized formats (36 CFR §701.6(b)(2)).

In the case of an individual who has a reading disability from organic
dysfunction, the Library of Congress regulations define competent authority
as doctors of medicine who may consult with colleagues in associated
disciplines. In the case of an individual who is blind, has a visual
disability, or has physical limitations, other medical professionals and
school officials such as social workers and counselors are included among
those who are competent authorities. Because SEAs and LEAs are responsible
for providing a free appropriate public education to all children with
disabilities and for ensuring that children who need instructional
materials in accessible formats are provided these materials in a timely
fashion, LEAs have the responsibility, including the assumption of any
associated costs, to obtain the appropriate certification for the students
(34 CFR §300.101, 300.172(b)(4), and 300.201; 20 U.S.C. 1412(a)(1)(A)). The
Library of Congress regulations for certifying students who are blind or
who have print disabilities can be found on footnote 2 of the OSEP Topical
Brief on NIMAS. This topical brief is available at [image: Opens new window]
http://idea.ed.gov/frontend_dev.php/object/fileDownload/model/TopicalBrief/field/WordFile/primary_key/12.




Question A-7: Can NIMAS files be sent to individual students so that they
can manipulate them and use them, for example, on personal digital
assistants (PDAs)?

Answer: NIMAS filesets are source files and are designed to be converted by
software or accessible media producers (AMPs) into specialized formats
(e.g., Braille, audio text, digital format or large print) for eligible
students. While NIMAS filesets cannot be sent directly to students, an SEA
or LEA could convert a NIMAS fileset into a specialized format and place
the specialized format onto an eligible student’s PDA. However, each SEA or
LEA must take appropriate steps under applicable copyright laws to ensure
that only students who are blind or have print disabilities and are in
elementary or secondary school receive these specialized formats.

Question A-8: Instructional materials such as textbooks are typically
acquired through textbook purchasing offices at the SEA or LEA level. Are
these offices required to comply with NIMAS requirements in their purchase
of textbooks and other instructional materials?

Answer: If an SEA chooses to coordinate with the NIMAC, the SEA must, as
part of any print instructional materials adoption process, procurement
contract, or other practice or instrument used for purchase of print
instructional materials, enter into a written contract with the publisher
of the print instructional materials to-- 1) require the publisher to
prepare and, on or before delivery of the print instructional materials,
provide to the NIMAC electronic files containing the contents of the print
instructional materials using the NIMAS; or 2) “purchase instructional
materials from the publisher that are produced in or may be rendered in
specialized formats.” (See 34 CFR §300.172(c) and 300.210(a).) The SEA must
ensure 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
who receive instructional materials (34 CFR §300.172(b)(4)). Therefore,
SEAs should inform all relevant offices and parties within the State,
including LEAs, of their obligation to meet the requirements for access to
instructional materials. For example, SEAs and LEAs should communicate
these requirements to textbook adoption committees, as well as procurement
and contracting offices.
 http://aim.cast.org/learn/policy/federal/faq

National Center on Accessible Instructional Materials
Chafee Amendment What is the Chafee Amendment and why is it referenced in
the bill?
The Chafee Amendment to the Copyright Act, 17 U.S.C. Section 121, allows an
"authorized entity" to reproduce or distribute copyrighted materials in
specialized formats for blind or other disabled students without the need
to obtain permission of the copyright owner. Authorized entities are
governmental or nonprofit organizations whose primary mission is to provide
copyrighted works in specialized formats to blind or disabled people.


*Anne Sullivan Macy Act*

http://www.afb.org/section.aspx?FolderID=3&SectionID=3&TopicID=138&DocumentID=6028

One of the aims of the Anne Sullivan Macy act (proposed yet?) is "To
enhance accountability for the provision of such services [specialized
instructional services and methodologies].