This may have implications for Bookshare and its mission, though I doubt that college textbook providers will buy into this. After IDEA is only for students at till graduation, so Bookshare will still have the ability to help in college textbooks and as well as in popular media which is not considered "core" material. But we should be aware of what is happening though. American Foundation for the Blind Governmental Relations Group Words from Washington November 18, 2004 Vol. 108 No. 41 Did you receive this copy of Words from Washington from a friend? You can subscribe to your own copy of WFW or read back issues at http://www.afb.org/wfw.asp <http://www.afb.org/wfw.asp> . IDEA Requires Instructional Materials Accessibility/National File Repository Congratulations to All! Prepared by Mark Richert, Executive Director Association for Education and Rehabilitation of the Blind and Visually Impaired and Paul Schroeder, Vice President, Programs and Policy American Foundation for the Blind The long and challenging effort to reauthorize the Individuals with Disabilities Education Act (IDEA) is nearly complete. Yesterday afternoon, the House-Senate Conference Committee approved H.R. 1350, the "Individuals with Disabilities Education Improvement Act of 2004." Negotiations among the staff working for the members of Congress involved in reconciling the vastly different bills passed by the House and Senate had been very involved and at times, we understand, contentious. While not perfect, the bill that emerged does promise important improvements in the education of students who are blind or visually impaired. The Committee-approved bill must now be voted on by both the House of Representatives and the Senate; that action is expected by this weekend. The most significant area of improvement concerns the provision of textbooks in accessible formats for individuals with print-related disabilities. Organizations representing people who are blind or visually impaired, service providers, publishers and others had worked long and hard to shepherd requirements through both houses of Congress and into this final bill. These requirements were principally: * to establish a standard file format for the production of textbooks (so that they could more easily be converted into accessible formats such as Braille, large print or digital text) * to assure that state education agencies and local schools would actually require that publishers of the textbooks they purchased produced these files; * to establish a central repository for the storage and distribution of these files (enabling publishers and schools alike to easily disseminate these new files to those who needed them). The final version of the legislation that emerged from the Committee includes a clear requirement for a national file format known as the National Instructional Materials Accessibility Standard (NIMAS). It also establishes a national electronic file repository (known as the National Instructional Material Access Center). The American Printing House is designated in the bill to serve as the Access Center. The committee's action to include this provision, along with language mandating standards intended for use by publishers in the preparation of electronic versions of textbooks and related core materials, is a landmark moment in the ongoing effort to improve specialized educational services for students who are blind or visually impaired. As advocates will remember, key congressional staff had, until very recently, been objecting to a national file repository requirement, contending that such a mandate was duplicative of activities already funded by Congress and would potentially open the door to litigation against the Secretary of the US Department of Education. These concerns were resolved with the inclusion of language shielding the repository from legal liability. In addition, at the insistence of Key House staff, the competitive grant process (originally contained in the Senate bill) to determine the repository was replaced by direct congressional designation of APH. Additional funding to support this work is expected to be provided to APH. An additional important change was made to the language that had been in both House and Senate versions regarding the requirement for state agencies and local schools to ensure that publishers provide NIMAS files when textbooks are purchased. House staff insisted that states and schools be able to "opt out" of using the central repository. This provision is causing some confusion as we attempt to understand its significance. Here's what we think the new law, assuming it is passed, will require. States or local schools that use the central repository (Access Center) are required to ensure that publishers from whom they purchase textbooks will provide a copy of the book in the NIMAS file to the Access Center. If the state or local school decides that it does not wish to use the Center, it must provide assurances that it will "provide instructional materials to blind persons or other persons with print disabilities in a timely manner." Although states and local education agencies are allowed to decide not to use the repository, we expect that few will "opt out" of the convenience afforded by the Center. We also wish to emphasize that the bill does require states to adopt the NIMAS for the "purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner ... ," clearly establishing that Congress intends that states use NIMAS to provide accessible books. One final provision that was retained from the Senate bill would allow states or local schools to purchase textbooks in accessible formats directly from publishers who choose to provide such material. Advocates can feel justifiably proud of the efforts you have made to make sure that access to instructional materials was part of the final version of IDEA. We have heard from many Congressional offices that lots of calls and faxes were received about this issue. While these provisions are not precisely as we might have wished to write them, your work has ensured that when the instructional material access provisions go into effect, there will be a revolution in access to educational opportunities for blind and visually impaired students. And, we hope, as a result of these new provisions, teachers will have more time to spend working directly with students rather than producing books. There are other significant changes we are reviewing the final bill and will report on them. Unfortunately, we can report that the "special factors" language that emphasized "expanded core curriculum" elements such as orientation and mobility, assistive technology and low vision devices (included in the Senate bill) did not make it through the conference process and is not included in the final version of H.R. 1350. For positive inspiration, Contact Bazyn Communications "True vision with insight" Inquire about books now available! 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