[bksvol-discuss] Special IDEA AnnouncementOn Accessible Books and Materials for Blind and Print Impaired Persons

  • From: "Shelley L. Rhodes" <juddysbuddy@xxxxxxxxxxxx>
  • To: <bookshare-discuss@xxxxxxxxxxxxx>, <bksvol-discuss@xxxxxxxxxxxxx>
  • Date: Fri, 19 Nov 2004 15:09:07 -0500

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.

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