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Shaded blocks indicate that the item or items are required by statute or proposed regulation. Unshaded blocks are suggested actions and activities. Some blocks may require updating when the Individuals with Disabilities Education Improvement Act (IDEA) 2004 regulations are published.

See page 6 for background information and 8 for definitions of key terms.

Action	Required and Suggested Activities	Suggested Timeline
1. Adopt NIMAS.	Complete and submit Office of Special Education Program (OSEP) IDEA 2004 Part B Assurances as part of the Federal Fiscal Year (FFY) 2006 application for funds.	Submitted by 4/21/06
2. Opt in or out of the NIMAC.	Complete and submit OSEP IDEA 2004 Part B Assurances as part of the FFY 2006 application for funds. State Education Agency (SEA) assumes role of coordinating agency with the NIMAC.	Submitted by 4/21/06
3. For States that opt out of the NIMAC, provide an assurance to OSEP that you will provide instructional materials to blind persons or others with print disabilities in a timely manner.	Complete and submit OSEP IDEA 2004 Part B Assurances as part of the FFY 2006 application for funds.	Submitted by 4/21/06
4. Name a NIMAS/NIMAC primary contact to improve communications.	Designate a SEA Special Education employee as primary contact for NIMAS- and NIMAC-related matters. Inform NIMAS Technical Assistance (TA) Center of contact information by email to chitchcock@cast.org and NIMAC to jmyers@aph.org.	Now
5. Review the NIMAS web site for background information, technical specifications, and available resources.	Resources available at http://nimas.cast.org.	Now
6. Review the NIMAC web site for background information and available resources.	Resources available at http://nimac.us.	Now
7. Organize a NIMAS or Accessible Learning Materials Coordinating Council for the State to improve communication among those with shared responsibility for the successful implementation of NIMAS.	Suggested council members: Primary contact, Assistive Technology (AT) agency representative, Textbook Administrator (if State has one), Education Technology program representative Services for blind/low vision students representative State-wide assessment office representative Parent representative (e.g. from Parent Training and Information (PTI) Centers) Educational publisher representative Other...	Now
8. Identify and review current SEA and Local Education Agency (LEA) approaches for providing specialized formats to students with print disabilities.	With the NIMAS/NIMAC Coordinating Council as a resource, the primary contact reviews existing systems for production and delivery of specialized formats available to and within the State.	Now
9. Require that LEAs choose to either coordinate or not (opt in or out) with the NIMAC as part of LEA assurances to the SEA.	This is a requirement for LEAs in order to be eligible to receive IDEA funds. The SEA's application package sent to LEAs should include the assurance at 613(a)(6). If the SEA has already sent out its application package and did not include the NIMAS assurance at 613(a)(6) it may send out a separate opt in or out selection form to be returned to SEA with signature. The form should make clear that this is an eligibility requirement. Resources available at: Information letter used in MA OSEP IDEA 2004 NIMAS Topic Brief	Issue as part of the LEA application for IDEA funds or with other assurances to be provided by LEAs to SEAs for funding for 2006-2007 school year.
10. Develop procedures to ensure the timely delivery of specialized versions to students with print disabilities. (If you have one, you may want to have your NIMAS Coordinating Council work on this.)	Consider the following topics: In keeping with established NIMAC policies, implement approaches for downloading NIMAS file sets from the NIMAC (who will be allowed to do so, where, for what purpose, access by contractors, etc.). Develop policies regarding appropriate materials to be included in SEA and LEA requests for files submitted to the NIMAC. Identify approaches to developing and delivering specialized formats to students with print disabilities. Consider use of national authorized entities such as American Printing House for the Blind (APH), Bookshare, and Recording for the Blind & Dyslexic (RFB&D). Explore various membership arrangements such as student, school, district, county, State-level agreements with such entities. Consider use of State-level Instructional Resource Center/s (IRC) for braille, large print and tactile graphics. Consider contracts with conversion houses to develop specialized versions for students within the State. Consider purchase of specialized formats directly from K—12 publishers if and when available. Define policies regarding the purchase, use, and protection of print instructional material when specialized formats are provided to students in electronic formats. Consider purchasing a State license for essential hardware and software. Where appropriate, add items that meet State specific specifications to the State bid list.	Summer and Fall of 2006 Planning
11. Coordinate with the NIMAC (applies to States that elect to coordinate or opt in to the NIMAC).	Guidance will be provided by the NIMAC Director regarding— Authorized users for the State (provides direct access to NIMAC source files for conversion to student-ready versions and might include a State-funded accessible materials center, an IRC, a regional technology center, a college or university with a contract to prepare student-ready versions, a trusted contractor, etc. Access by national authorized entities to the NIMAC. Access to the NIMAC by LEAs. Limitations of Use Agreements as required by the NIMAC.	When requested by the NIMAC Director
12. Encourage documentation of student-preferred specialized formats within each Individualized Education Program (IEP) as appropriate.	Language will be suggested by the NIMAS TA Center and posted to the NIMAS web site. Note: It is important for students with print disabilities who use text-to-speech (TTS), for example, to have considerable experience with such accommodations within the general curriculum prior to its use with assessment.	Provide guidance to LEAs now regarding IEPs prepared during the ’06–07 school year
13. Establish and distribute policies and procedures to protect the intellectual property rights of K–12 publishers.	Work with NIMAS TA Center (and NIMAC if the SEA coordinates with the NIMAC) to develop and implement policies and procedures that consider the qualified student populations to be served and accessible materials use policies designed to protect the intellectual property rights of K–12 educational publishers.	Summer and Fall 2006
14. For States that opt in (i.e., elect to coordinate with the NIMAC).	Textbook Adoption States: When an agreement with a K–12 publisher is made to adopt print instructional materials, the SEA requires the publisher to submit a NIMAS file set to the NIMAC, or purchases instructional materials from the publisher that are produced in, or may be rendered in, specialized formats. Sample language for contracts: See additional information on page 6. When an LEA is allowed to purchase print instructional materials that are not included on an adoption list, the procedure for Open Territory States should be used. Open Territory States: When agreement with a K–12 publisher is made to purchase print instructional materials, an LEA that has opted in requires the publisher to submit a NIMAS file set to the NIMAC, or purchases instructional materials from the publisher that are produced in, or may be rendered in, specialized formats. Sample language for purchase orders: See additional information below this table. In every case, and regardless of their relationship with the NIMAC, both the SEA and LEA remain responsible for ensuring that accessible specialized formats are provided to students with print disabilities in a timely manner.	Not later than 12/3/06
15. For States that opt out (i.e., elect not to coordinate with the NIMAC).	Textbook Adoption States: SEAs and/or LEAs purchase source files when and if they are available directly from publishers, establish a secure access, distribution, and tracking system, and arrange to use such files to produce student-ready specialized formats, and/or SEAs and/or LEAs purchase student-ready versions when and if they are available directly from publishers, and/or SEAs and/or LEAs establish a workflow for scanning print materials and producing or otherwise obtaining audio books, braille, large print, and other appropriate specialized formats in a timely manner. Open Territory States: LEAs purchase source files when and if they are available directly from publishers, establish a secure access, distribution, and tracking system and arrange to use such files to produce student-ready specialized formats, and/or LEAs purchase student-ready versions when and if they are available directly from publishers, and/or LEAs establish a workflow for scanning print materials and producing or otherwise obtaining audio books, braille, large print, and other appropriate specialized formats in a timely manner. In every case, and regardless of their relationship with the NIMAC, both the SEA and LEA remain responsible for ensuring that accessible specialized formats are provided to students with print disabilities in a timely manner.	Now
16. Monitor the provision of appropriate specialized formats to students with print disabilities.	Record keeping— Maintain a summary of SEA-level activities related to the preparation and delivery of specialized formats. Require that LEAs maintain a record of local activities related to the preparation and delivery of specialized formats.	Calendar Year 2007 and beyond
17. In coordination with the State Assistive Technology (AT) agency or agencies, identify and share LEA best practices regarding accessible materials and appropriate access hardware and software.	Categories might include— Determining student needs Reading tools (TTS, screen readers, etc.) Training general and special education staff Monitoring progress Application of skills to State-wide testing Provide information regarding available student-ready versions to the APH LOUIS database at http://www.aph.org/louis.htm.	Calendar Year 2007 and beyond

Background Information Regarding NIMAS

Please also refer to the NIMAS FAQ at http://nimas.cast.org/about/faq/index.html and the NIMAC FAQ at http://www.nimac.us/faq.html.

Another detailed SEA planning document is available from the American Foundation for the Blind (AFB). See http://www.afb.org/nimas.asp, right sidebar.

Intellectual Property Rights Protections

Section 306 of IDEA 2004, which amends the Copyright Act, provides publishers with the right to transfer electronic materials to the NIMAC as long as they possess the print rights to such materials. This protection is to ensure the delivery of materials for which electronic rights may not have been obtained or are simply not available.

This protection does not apply to files delivered directly to SEAs and LEAs by publishers for the purpose of creating specialized formats for students with print disabilities.

SEA- and LEA-Produced NIMAS File Sets

In the case where an SEA or LEA has developed a K–12 textbook and/or related printed core instructional materials and wishes to submit such materials to the NIMAC, technical expertise will be needed to produce NIMAS-conforming XML content, a conforming XML package file, organized and properly conforming images, and a PDF file of the title page or other page that references the ISBN if appropriate. Any SEA or LEA that intends to prepare and submit such materials should be prepared to demonstrate that they possess all of the intellectual property rights for content to be submitted.

As is the case with K–12 textbook and supplementary publishers, such files will have to be validated by the NIMAC or will be returned for revision.

Suggested LEA Practices

Include recommendation for accessible print materials and the tools required to use such materials within the IEP.

Provide training and support for technologies to be used by students with print disabilities. Consider use of similar formats for State-wide assessments where allowed.

Sample Language for Adoption Contracts and LEA Purchase Orders

By agreeing to deliver the materials marked with "NIMAS" on this contract or purchase order, the publisher agrees to prepare and submit, on or before ___/___/_____ a NIMAS file set to the NIMAC that complies with the terms and procedures set forth by the NIMAC. Should the vendor be a distributor of the materials and not the publisher, the distributor agrees to immediately notify the publisher of its obligation to submit NIMAS file sets of the purchased products to the NIMAC.  The files will be used for the production of alternate formats as permitted under the law for students with print disabilities.

This is page __ of __ of this contract or purchase order.

For additional information about NIMAS, please refer to http://nimas.cast.org.
For additional information about the NIMAC, refer to http://nimac.us.

Definitions:

Adopt: An SEA or LEA commits to the use of NIMAS source file sets to create student-ready versions.

Blind or other person with print disabilities: The term 'blind or other persons with print disabilities' means children served under IDEA and who may qualify in accordance with the Act entitled 'An Act to provide books for the adult blind', approved March 3, 1931 (2 U.S.C. 135a; 46 Stat. 1487) to receive books and other publications produced in specialized formats.

NIMAC: The National Instructional Materials Access Center at the American Printing House for the Blind (APH) serves as the national repository for NIMAS file sets. By statute, it was established on 12/3/05. It will become operational on 12/3/06.

NIMAS: The National Instructional Materials Accessibility Standard is a technical specification developed for the purpose of promoting the development of high quality and consistent source files to be used to create specialized formats for students with print disabilities.

Open Territory State: A State that is not a textbook adoption State and generally allows LEAs to determine which textbooks and related core materials are appropriate for each LEA.

Opt In: An SEA or LEA chooses to coordinate with the NIMAC. Note that this is not intended to prevent SEAs or LEAs from maintaining current practices, but it is generally thought that the use of the NIMAC will prevail once the national repository is populated with K–12 textbooks and related printed core materials source files. Another choice available under opting in is to acquire student-ready versions or source files directly from K–12 publishers when and if such materials are available.

Opt Out: An SEA or LEA chooses not to coordinate with the NIMAC and assumes full responsibility for producing and delivering specialized formats to students with print disabilities in a timely manner.

Print Instructional Materials: The term 'print instructional materials' means printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a State educational agency or local educational agency for use by students in the classroom. In most cases, an SEA or LEA will determine what should be considered a “related printed core material.”

Specialized Formats: The term 'specialized formats' has the meaning given the term in section 121(d)(3) of title 17, United States Code with the addition of large print formats.

Textbook Adoption State: A State that has established policies and procedures for evaluating and recommending textbooks and related print instructional materials for use within that State for the purpose of achieving standards.

References to NIMAS within IDEA 2004

Part B, Section 612 (a)(23) and Section 613 (a)(6) of IDEA
Part D, Section 674 (e) of IDEA
Title III, Section 306, which amends the Copyright Act in 17 USC 121.

IDEA Part B Assurances

Adopt NIMAS
24a. The State adopts the NIMAS for the purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner after the publication of the NIMAS in the Federal Register in accordance with 20 U.S.C. 1412(a)(23)(A).

Opt In
24b.1 The SEA coordinates with the NIMAC and not later than two years after the date of enactment of the IDEA of 2004 the SEA as part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, enters into a written contract with the publisher of the print instructional materials to:

• 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
• purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats. 20 U.S.C. 1412(a)(23)(C).

Opt Out

24b.2 The SEA has chosen not to coordinate with the NIMAC but assures that it will provide instructional materials to blind persons or other persons with print disabilities in a timely manner. 20 U.S.C. 1412(a)(23)(B).

NIMAS and NIMAC Opt In Graphic

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