[blindkid] Books on time

[Carlton Anne Cook Walker]

Eric,

In general, I always first refer to the student's IEP.  Hopefully, your
son's IEP contains language (probably in the "Accommodations/Modifications"
area) that reads something like, "Student will receive all curricular
materials in braille, including tactile graphics, at the same time or
earlier as his peers."  If it doesn't, please consider offering this
language for the IEP team.  Also, it may be helpful to add that hard copy
braille is preferable, but the electronic files are acceptable as
augmentative resources.

34 C.F.R. section 172(a)(2), provides that states are required to come up
with a definition of "timely manner."  Here's what California came up with:
"Notice is also given from the CA DOE web site that timely manner is
defined as follows: During the regulation hearings, many requests were made
to define timely manner as providing these materials at the same time they
are provided to children without disabilities, or at the start of the
school year, or for children who transfer schools after the start of the
school year, within 30 days of the start of the school year, regardless of
whether a State chooses to coordinate with the NIMAC." from
http://aim.cast.org/learn/policy/state/california.

It is, indeed, a bizarre, non-definition definition.  Nevertheless, even
under the most generous definition above, within 30 days of the start of
the school year, your district is grossly out of compliance with the
strictures of the IDEA and state law.  Perhaps sharing this information
with them, and with the California Department of Education, would be useful
in remedying the gross failure to provide a free and appropriate education
to your son.


Regarding who is ultimately responsible for providing you son's math
textbook, I am not sure.  Typically, the LEA is ultimately responsible for
the provision of educational services to students with IEPs.  Certainly, if
the IEP states that he is to receive the textbooks in accessible format,
the school district (LEA) is legally responsible.  However, the IDEA's
implementing regulations state, in relevant part, 34 C.F.R. section 172
(b)(4): In order to meet its responsibility under paragraphs (b)(2),
(b)(3), and (c) of this section to ensure that children with disabilities
who need instructional materials in accessible formats are provided those
materials in a timely manner, 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 receive instructional
materials.
>From this language, it appears that the California Department of Education
(your SEA - state education agency) is responsible for ensuring that your
son has his math textbook "in a timely manner."

Regardless, please guard against the LEA (your school district) and the SEA
(California Department of Education) playing games. As far as you are
concerned, each is responsible for providing the textbook on time -- and
you can certainly put both agencies on the same complaint.


Hope this helps.  Please let me know if you need anything.


Thank you,

Carlton




-- 
Carlton Anne Cook Walker
President, National Organization of Parents of Blind Children
105 Creamery Road
Boiling Springs, PA   17007
Voice: 717-658-9894
Twitter: braillemom


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