Part III
Department of Education
34 CFR Part 300
National Instructional Materials Accessibility Standard; Final Rule
Federal Register / Vol. 71, No. 138 / Wednesday, July 19, 2006 / Rules and Regulations
DEPARTMENT OF EDUCATION
34 CFR Part 300
RIN 1820–AB56
AGENCY: Office of Special Education and Rehabilitative Services, Department of Education.
ACTION: Final regulations.
SUMMARY: The Secretary of Education establishes the National Instructional Materials Accessibility Standard (NIMAS or standard) as required under sections 612(a)(23)(A) and 674(e)(4) of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004 (Act). The purpose of the NIMAS is to help increase the availability and timely delivery of print instructional materials in accessible formats to blind or other persons with print disabilities in elementary schools and secondary schools. The Secretary establishes the NIMAS by amending the regulations governing the Assistance to States for Education of Children with Disabilities Program in 34 CFR part 300 to include an appendix that sets forth the technical elements and specifications for the standard.
DATES: These regulations and the standard are effective August 18, 2006.
FOR FURTHER INFORMATION CONTACT:
Alexa Posny
U.S. Department of Education
400 Maryland Avenue, SW
Potomac Center Plaza, room 4109
Washington, DC 20202-2641.
Telephone: (202) 245-7597.
If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay System (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: Section 674(e)(3)(B) of the Act defines the NIMAS as the standard established by the Secretary to be used in the preparation of electronic files suitable and used solely for efficient conversion into specialized formats. On June 29, 2005, we published a notice of proposed rulemaking (NPRM) in the Federal Register (70 FR 37302) to establish the standard and to include it as an appendix to 34 CFR part 300. A description of the proposed standard can be found on pages 37302 through 37303 of the NPRM and the text of the proposed NIMAS can be found on pages 37304 through 37306 of the NPRM.
On June 21, 2005, the Department published a notice of proposed rulemaking in the Federal Register (IDEA NPRM) to amend 34 CFR part 300 to implement other recently enacted changes made to the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004 (70 FR 35782). The Department intended to codify the final NIMAS as an appendix to the amended regulations in 34 CFR part 300. However, in an attempt to expedite the implementation of the NIMAS, the Department establishes the NIMAS through these final regulations and codifies the NIMAS as an appendix to the current regulations in 34 CFR part 300. The Department plans to re-publish the NIMAS as an appendix to the amended regulations in 34 CFR part 300 when it publishes final regulations in response to the IDEA NPRM.
In the preamble to the NPRM, the Secretary discussed the need for the NIMAS and the efforts of the Department that supported the establishment of the NIMAS. Specifically, the Secretary addressed the national need to increase the availability and timely delivery of print instructional materials in accessible formats to blind or other students with print disabilities in elementary and secondary schools. The Secretary also described the inception of the NIMAS, which was developed by the National File Format Technical Panel (NFF Technical Panel), a panel convened by the Department-funded National Center on Accessing the General Curriculum. The NFF Technical Panel developed the NIMAS as a standard for digital source files that can be used to accurately and reliably produce instructional materials in a variety of alternate formats using the same source file.
As more fully explained in the Analysis of Comments and Changes section of this notice, the final standard contains a few changes from the standard proposed in the NPRM. Most significantly, the NIMAS Development and Technical Assistance Centers funded by the Department noted that inadvertent errors were made in the technical standards of the NIMAS when the NIMAS was posted on the NIMAS Web site at http://nimas.cast.org/technical and published in the NPRM on June 29, 2005. At the request of the Department, the NIMAS Development and Technical Assistance Centers reported these errors and submitted their proposed corrections and updates to the Department through the formal public comment process established in the NPRM. The NIMAS Development and Technical Assistance Centers also posted their proposed corrections, additions, and deletions on the NIMAS Web site at http://nimas.cast.org/changes.
In response to the Secretary's invitation in the NPRM, 17 parties, including the Department-funded NIMAS Development and Technical Assistance Centers, submitted comments on the NIMAS. An analysis of the comments and of the changes in the standard since publication of the NPRM follows.
The analysis generally does not address minor changes, including the specific technical changes made to the language published in the NPRM or comments that express concerns of a general nature about the Department or other matters that are not directly relevant to the technical specifications of the NIMAS.
Comment: The NIMAS Development and Technical Assistance Centers funded by the Department noted that inadvertent technical errors were made in the version of the NIMAS that was published by the Department in the NPRM and posted on the NIMAS Web site at http://nimas.cast.org/technical . The centers provided the Department with proposed updates to correct these technical errors. The centers also posted their proposed updates on the NIMAS Web site at http://nimas.cast.org/changes.
A significant number (16 of 17) of commenters expressed support for the NIMAS. Of these commenters, nine commenters expressed support and approval of the updates to the NIMAS that were proposed by the NIMAS Development and Technical Assistance Centers, approved by the NIMAS Development Center's Technical Group, and posted on the NIMAS Web site. No negative comments were received regarding the updates. One commenter stated that errors occurred during a file conversion using the NIMAS and that corrections are needed in order to ensure that the NIMAS results in valid files. The commenter recommended that the NIMAS Development and Technical Assistance Centers' proposed corrections become part of the NIMAS.
Discussion: We agree that the version of the NIMAS that was posted on the NIMAS Web site and published in the NPRM contained technical errors. We believe that the updates proposed by the NIMAS Development and Technical Assistance Centers should be made to the NIMAS in order to correct these errors.
Changes: We have revised the NIMAS to incorporate the corrections, deletions, and additions proposed by the NIMAS Development and Technical Assistance Centers and posted on the NIMAS Web site.
Comment: Many commenters recommended continual maintenance and improvement of the NIMAS. These commenters suggested that the Department establish a method for updating the NIMAS so that it will remain current with technological advances and be consistent with the ANSI/NISO Z39.86 standard [renamed DAISY/NISO Z39.86 2005 as of April 2005]. One commenter suggested that the Department accept new reports from the NIMAS Development Center's Technical Group at regular intervals so that the standard will continue to expand to meet the needs of students with disabilities. One commenter recommended requiring that the NIMAS be updated at least every three years to ensure that it reflects improvements in technology and best industry practice. One commenter expressed concern that the technical specifications of the NIMAS are a minimum set of requirements and that, over time, the bar should be raised through proposed changes or additions to the NIMAS.
Discussion: The Department's Office of Special Education Programs (OSEP) funded the NIMAS Development Center in fiscal year (FY) 2004. One of the main responsibilities of the NIMAS Development Center is to engage in an ongoing process to ensure that the NIMAS is maintained and remains current with technological advances, and is aligned and consistent with the DAISY/NISO Z39.86 standard. When technological advances suggest the need for a new version of the NIMAS, the NIMAS Development Center, with the concurrence of its Technical Group, will submit recommendations for revised NIMAS specifications to the Department. The NIMAS Development Center is required to report on the need for changes at least once at the end of its 5-year project period, but may make recommendations regarding revisions more often, if it deems necessary. The Department will propose any revisions to the NIMAS and seek public comment on the proposed changes through a notice of proposed rulemaking published in the Federal Register.
OSEP also funded the NIMAS Technical Assistance (TA) Center in FY 2004. After the NIMAS has been adopted by State educational agencies (SEAs) and local educational agencies (LEAs) (coordinating agencies), the NIMAS TA Center will maintain an errata Web page for use by publishers, coordinating agencies, and other entities. The errata Web page will be available at http://nimas.cast.org and will contain notifications of errors and omissions in the NIMAS that are detected through the implementation process.
Changes: None.
Comment: A few commenters stated that NIMAS PDF file requirements for images need better definition.
Discussion: The NIMAS Development Center, through its Technical Group, has had extensive discussions on the issue of NIMAS PDF file requirements since the publication of the NIMAS in the NPRM on June 29, 2005. The Technical Group members agreed that PDF file requirements in the NIMAS were in need of greater clarification due, in part, to current limitations of transcription and conversion practices, hardware, and software. As a result, the Technical Group's recommendations on changes in the baseline elements related to PDF image files have been added into the NIMAS and are also publicly available on the NIMAS Web site at http://nimas.cast.org.
Changes: We have revised the NIMAS to clarify the requirements for PDF image files, as recommended by the NIMAS Development Center's Technical Group and posted on the NIMAS Web site.
Comment: One commenter expressed concern that the standard does not include a statement of the metadata that needs to be included in the package file.
Discussion: The metadata elements are defined in the NIMAS package file section. We agree that certain metadata elements may need to be clarified. However, we believe that it would be premature to attempt to clarify the metadata elements without first evaluating how they are implemented in practice. Accordingly, the NIMAS Development Center and its Technical Group will determine whether the metadata elements require clarification after the NIMAS is adopted and actually used, and then will provide technical assistance, as necessary, to clarify those metadata elements on the NIMAS Web site at http://nimas.cast.org. To the extent the NIMAS Development Center and its Technical Group determine that changes should be made to the metadata requirements in the NIMAS itself, they will submit their recommendations to the Department. The Department will then propose any revisions to the NIMAS and seek public comment on the proposed changes through a notice of proposed rulemaking published in the Federal Register.
Changes: None.
Comment: Two commenters expressed concern that there is nothing preventing publishers from preparing NIMAS files that contain only partial books, rather than entire books. They stated that NIMAS files will not be helpful if publishers omit important information. Accordingly, they recommended that the Department establish standards requiring publishers to use the NIMAS to convert entire books.
Discussion: The purpose of the NIMAS is to provide access to print instructional materials in a timely manner. Delivery of partial books would unduly delay the delivery of instructional materials in specialized formats in a timely manner and would be contrary to the intent of the Act. Accordingly, SEA and LEA contracts with publishers should clearly specify that entire books must be converted into NIMAS files. In addition, we expect that the procedures established by the National Instructional Materials Access Center (NIMAC) will specify that publishers must use NIMAS to convert entire books (and not partial books) into NIMAS files. The Department expects to make NIMAC procedures available on the NIMAC Web site at 
http://www.nimac.us.
Changes: None.
Comment: Two commenters expressed concern that optional elements are not mandatory in the NIMAS. These commenters recommended that the NIMAS should require the full DAISY markup, that is, both baseline and optional elements. Discussion: Although the NFF Technical Panel's report, which is available on the NIMAS Web site at http://nimas.cast.org, encouraged publishers to use both baseline and optional elements, only baseline elements are required in the NIMAS. The NFF Technical Panel reported that requiring both baseline and optional elements would be too costly for publishers. Optional elements are typically added by coordinating agencies and other entities. In any case, SEAs and LEAs contract with publishers for their instructional material needs and can specify whether they need files beyond the baseline elements.
Changes: None.
Comment: Two commenters made recommendations about two elements in the NIMAS. The commenters recommended that the NIMAS tag, which specifies that all pages must be numbered in a consistent manner, be placed at the beginning of each print page before all print text. The commenters also expressed concern that more information in the present tag set is needed to adequately identify a specific book. The commenters recommended that the NIMAS include a well-defined method of identifying multiple versions of the same book. The two commenters stated that publishers are best suited to make this identification because they produced the textbooks and have access to all versions of the textbooks.
Discussion: The Department views the issues raised by the commenters as relating to the implementation of the NIMAS and not the NIMAS itself. Due to the fact that these issues are the result of limitations in transcription and conversion practices, hardware, and software, the Department believes that these issues are best addressed through technical assistance. Thus, the NIMAS TA Center will provide technical assistance regarding these and other issues. In the case of implementation issues pertaining to Braille transcription, the NIMAS Development and Technical Assistance Centers have already conducted a series of discussions during January 2006 with Braille transcribers, which led to a set of clarifying recommendations on the implementation of NIMAS that will be incorporated into the NIMAS TA Center's Best Practices Web page at http://nimas.cast.org.
Changes: None.
Comment: We received a number of comments relating to the adoption and implementation of the NIMAS and the purchase of instructional materials in accessible formats.
Discussion: Requirements regarding the adoption and implementation of the NIMAS and the purchase of instructional materials in accessible formats will be addressed in subparts B and C of the Department's final regulations governing the Assistance to States for Education of Children with Disabilities Program.
Accordingly, the Department will respond to all comments relating to the adoption and implementation of the NIMAS and the purchase of instructional materials in accessible formats in the preamble to the final regulations for 34 CFR part 300 that it issues in response to the IDEA NPRM.
Changes: None.
Under Executive Order 12866, we have assessed the potential costs and benefits of this regulatory action.
The potential costs associated with establishing the standard are those resulting from statutory requirements and those we have determined to be necessary for administering this program effectively and efficiently.
In assessing the potential costs and benefits of this regulatory action, we have determined that the benefits justify the costs.
We have also determined that this regulatory action does not unduly interfere with State, local, and tribal government in the exercise of their governmental functions.
We summarized the potential costs and benefits of establishing the standard in the preamble to the NPRM (70 FR 37303).
The NIMAS does not contain any information collection requirements.
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Note: The official version of the document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html.
(Catalog of Federal Domestic Assistance Number does not apply.)
National Instructional Materials Accessibility Standard (NIMAS), Special education, Grant programs—accessible instructional materials, Technology.
Dated: July 13, 2006.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
For the reasons discussed in the preamble, the Secretary amends part 300 of title 34 of the Code of Federal Regulations as follows:
PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIESThe authority citation for part 300 continues to read as follows:
Authority: 20 U.S.C. 1411–1420, unless otherwise noted.
Part 300 is amended by adding an appendix D to part 300 to read as follows:
Appendix D to Part 300—National Instructional Materials Accessibility Standard (NIMAS)
Under sections 612(a)(23)(A) and 674(e)(4) of the Individuals with Disabilities Education Act, as amended by the Individuals with Disabilities Education Improvement Act of 2004, the Secretary of Education establishes the NIMAS. Under section 674(e)(4) of the Act, the NIMAS applies to print instructional materials published after August 18, 2006. The purpose of the NIMAS is to help increase the availability and timely delivery of print instructional materials in accessible formats to blind or other persons with print disabilities in elementary and secondary schools.
For the Technical Specification, please refer to–
The NIMAS Development and Technical Assistance Center, supported by the U.S. Department of Education, Office of Special Education Programs (OSEP), works with states, TA systems, disability advocates, national associations, technology experts, publishers and content conversion houses to improve the timely delivery of high quality accessible educational materials to students with disabilities.The NIMAS Center was launched on October 1, 2004.The project officer for both the Development and TA Centers is Bonnie Jones, Ed.D. Opinions expressed herein do not necessarily represent the Department of Education's position or policy.