U.S. States and Territories Accessible Curriculum Survey

A Summary of State and Territory Laws Pertaining to the Provision of Accessible Materials for K–12 Students with Print Disabilities

Originally prepared by Erica S. Perl, Esq. and Deborah Gordon
NCAC Policy Development Group/Harvard Children's Initiative, June 9, 2003
Updated: February 25, 2005, by Valerie Hendricks, Jennifer Jude, and Kathleen Legere
Updated: March 1, 2006, by Jennifer Jude

Note: This survey was originally conducted in 2003. Although it has been updated since then, it may be missing information. If you are aware of an error or of legislation that should be in the survey, please email nimas [at] cast [dot] org with that information. Additionally, the last update (March, 2006) edited only the contact information of state and territory officials to make it current. Some of the officials referenced in the Interview Notes sections are no longer available as contacts. Additional information about states’ methods of textbook adoption is available from the Opens new windowState textbook adoption page of the Education Commission of the States.

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming

American Samoa | Bureau of Indian Affairs | Department of Defense | District of Columbia (Washington, D.C.) | Guam | Mariana Islands | Marshall Islands | Micronesia | Palau | Puerto Rico | U.S. Virgin Islands

Citation

Alabama

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Admin. Rules Sec. 290-080-090-.13(25)—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.alsde.edu/html/

Special Education
Opens new windowhttp://www.alsde.edu/html/sections/section_detail.asp?section=65&menu=sections&footer=sections

Karen Benefield
Alabama DOE, Textbook Department
(334) 242-9718
karenb [at] alsde [dot] edu

Interview Notes

April 2003:

We first spoke with someone at the Alabama Department of Education in the State Textbook Office. Despite our representations concerning our affiliation and the nature of our research, she refused to provide assistance. She refused to provide her name and was unaware of any Alabama law requiring publishers to do anything. She was very concerned that we were checking in on Alabama compliance with federal law and did not want to provide other information. She referred us to her supervisor, Dr. Commander: (334) 242-9743.

We then spoke with Teresa Lacy, Director, Alabama Institute for Deaf and Blind at (800) 848-4722. The following are notes from our interview with her.

  • Publisher provides file "for good PR"—she does not believe that there is a law requiring them to do so
  • The publishers don't always provide files in a usable format—that is why she is interested in IMAA passing. "I called my senators to tell them to support it."
  • State Department of Education pays for one Braillist and the other 3 in the state (all at the Alabama Institute for Deaf & Blind) are paid for by Resource Center for the Blind. They either translate the texts into Braille from the publisher's file or buy it from LOUIS if it's already been made into Braille
  • 900 blind/visually impaired kids in public/private schools
  • 115 at the School for the Blind
  • Warren Figeurita at Louisiana Instructional Materials Center is a good source. He is visually impaired and up on federal legislation
  • Another good source: Christine Anderson at The American Printing House for the Blind, Louisville.


Alaska

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.eed.state.ak.us/

Special Education
Opens new windowhttp://www.eed.state.ak.us/tls/sped/

Arthur Arnold, Director
Special Education
(907) 465-2972
art_arnold [at] eed [dot] state [dot] ak [dot] us

Interview Notes

March 2003:

We spoke with Art Arnold, State SPED Director.

  • He is not aware of any Alaska laws requiring publishers to provide materials in accessible formats
  • Instructional materials for the deaf/blind are produced through an initiative with the Alaska Deaf/Blind Center in Anchorage through a contract with the state Department of Labor; they provide K–12 materials
  • Re: Learning-disabled kids and kids with physical limitations—the state library and the Medicaid office does a lot in terms of assistive technology and supportive devices for kids who need them
  • Unique state because of its large rural populations. Students in need of accessible materials may be geographically isolated, which can affect their ability to seek needed services.


Arizona

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new window§15-731, Opens new window§15-732—Law for publishers regarding K–12 students with print disabilities (including and in addition to visual impairments).

In 2004 HB 2092 became §15-732, an amendment to Arizona's 1997 K–12 Braille Law.

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Arizona State Legislature
Opens new windowhttp://www.azleg.state.az.us/

Arizona State Department of Education
Opens new windowhttp://www.ade.state.az.us/

Mary Platner
Arizona Council for Exceptional Children
MaryPlatner [at] cox [dot] net

Interview Notes

October 2003:

We spoke with Mary Platner, who represents the Arizona Chapter of the Council for Exceptional Children. She provided the following summary of information concerning the movement for accessible materials legislation in Arizona.

HB2275 died in the House but was resurrected on a striker bill in the Senate. It became HB2092, which is suffering a slow death by not getting on the agenda for the Senate Rules Committee. But we will most definitely be back for the next session. We are in somewhat good shape in that we have a well-rounded coalition of organizations and the legislation's wording. I will be lobbying this summer for the bill when summer vacation begins.

HB2092 is an amendment to Arizona's 1997 K–12 Braille Law and would require public schools to order new textbook adoptions from vendors whose textbooks are available in both print and alternative formats, such as CD-ROM. Alternative formats would be available for all K–12 students with disabilities who are subject to the Individuals with Disabilities Education Act (IDEA) of 1997 or who are under federal Section 504 plans.

HB2092 does NOT violate copyright law but focuses on contract language. Of Arizona's 100,000 K–12 students with Individualized Education plans, it is conservatively estimated that 40,000 of these students would qualify under HB2092, including 32,000 of the 53,000 students with learning disabilities.

Fiscal Impact of HB2092

To Arizona:

Fiscal note (as HB2275) of $0.

To Public Schools:

Computers: Computers are already provided through the Arizona Students FIRST's technology plan and Part D funds from No Child Left Behind.

Text-to-speech software: PCs with either Windows 2000 or XP and Mac O/S 12 have accessibility features already built in, including a text-to-speech function.

Other text-to-speech software can be downloaded for free.

Alternative formats: Arizona's 1997 K–12 Braille Law requires an electronic file. The Rules and Regulations Committee for this law has tentatively agreed to follow the technical specifications of the U.S. Department of Education's National File Format (NFF), whose technical specifications have been tentatively agreed upon. Once a publisher has an HTML file for anyone anywhere, this file can be converted to a CD-ROM, to Braille, or to an MP3 file. At this point, the cost of duplication is pennies per disk.

HB2092 includes the original Braille Law with a couple of very minor changes. I am also on the Rules and Regulations Committee for the current K–12 Braille Law.


Arkansas

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

§6-41-405—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

"The Department of Education shall have the authority to require publishers of textbooks to furnish electronic media for the text portion of those textbooks required by visually impaired students. The electronic media shall be immediately capable of being electronically translated into braille or large print by computer or other electronic media. When Braille code translation allows, publishers shall furnish electronic media for the nontextual portion of textbooks."

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://arkansased.org/

Special Education
Opens new windowhttp://arksped.k12.ar.us/

Sue McKenzie, Textbook Administrator
(501) 682-4593

Interview Notes

Requirements for publishers are in their contract terms, not [in] state law.

"...right of state to reproduce the state adopted materials in Braille, large print ... for use by print-disabled minors. The publishers shall agree to furnish to Arkansas or its designated depository, by 90 days after the request, computer diskettes for all adopted texts."

School districts can borrow materials from the School for the Blind and Visually Handicapped which is not a formal repository but has a lot of materials.


California

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new windowEducation Code 60061(a)(7), 60061.8—Law for publishers regarding K–12 students with print disabilities (including and in addition to visual impairments).

Opens new windowEducation Code 60240—Law for publishers regarding K–12 students with print disabilities (including and in addition to visual impairments).

Opens new windowEducation Code 60312, 60313—Law for school districts, specifically, to provide alternative-format materials to K–12 students with print disabilities.

SB 842 became Education Code 60061.8 in the 2003–2004 legislature session.

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.cde.ca.gov/

Special Education
Opens new windowhttp://www.cde.ca.gov/sp/se/

Rod Brawley, Director
Clearinghouse for Special Media and Technology
rbrawley [at] cde [dot] ca [dot] gov
(916) 445-5103, TDD: (916) 323-2202

Interview Notes (March 13, 2003)

March 2003:

We spoke with Rod Brawley, Director, Clearinghouse for Special Media and Technology (www.cde.ca.gov/csmt)

  • California is an adoption state for K–8 (high school resources are adopted at the local level) in the following categories, on a seven-year cycle (one subject per year): math, reading/language arts, history/social studies, science, health, performing arts, and, for foreign language, grades 6–8 only.
  • Once books are adopted (currently, there are about 3,000 adoptions), schools can order them from the publishers.
  • The state of California does not print any textbooks (except alternative-format versions of existing textbooks). Teachers that want to order these versions go through the Clearinghouse for Special Media and Technology (CSMT), which maintains an online catalog as well as a physical library.
  • CSMT obtains its resources from publishers (files), from ordering transcriptions, from buying Braille, and by [using] its own resources: Braille, large print, and books on tape (CSMT has in-office recording studios) in 2-track and 4-track formats. CSMT also has a library of approx. 300 video-books, which are K–12 videos of a book being read aloud, with closed captions and a reader signing along with each page.
  • All materials are distributed to California public schools at no cost. CSMT serves high schools, too, but does not stock [the schools'] inventory.
  • California requires publishers to provide files that are compatible with what's being used (in the print version of textbooks) in terms of function, not just detailed specifications. Currently using rich text files (RTF) because XML isn't workable yet.
  • Time frame (from placement of request to receipt of materials) varies a lot. If Clearinghouse has an item, it can be picked up in Sacramento at [their] media library or shipped. If it needs to be produced, [that] can take time.
  • Sharing system (a list service in California, known as "Braille and teach") forms the basis of the high school Braille reimbursement program. Participants must first see if the book they need can be borrowed via "Braille and teach." If it cannot, the participant can buy the item via LOUIS and submit a claim for reimbursement through CSMT (must include proof that a loan was attempted prior to purchase).
  • New bill: SB 842 (introduced 2/23 by Betty Karnette). Seems likely to pass, since the Council for the Blind is co-sponsoring it and there seems to be no strong opposition. Goal is NOT to require publishers to go back and retro-fit existing textbooks; goal is for publishers to build accessibility into future editions.
  • California is also exploring online access, MP3's, and other methods of getting accessible [materials].
  • California also has a state-central formatting effort for Braille. Other states and American Printing House for the Blind have invited formatters from California to teach strategies.


Colorado

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.colorado.gov/cs/Satellite/CO-Portal/CXP/1165693060185

Assistive Technology Office
(303) 315-1276

Ann Hicks, Coordinator
Instructional Materials Center
Colorado Instructional Materials Center
ahicks @csdb.org
(719) 578-2195

Interview Notes (April, 2003)

April 2003:

  • We spoke with Lucia Hasty, Director, Instructional Materials Center at the Colorado School for the Deaf and Blind at (719) 578-2195.
  • There are no requirements for publishers to provide files.
  • Colorado is not an adoption state. According to Hasty, local autonomy is of great importance to the people in Colorado.
  • Colorado's Braille Bill only requires students with visual impairments to be instructed by teachers with knowledge of Braille ... nothing regarding textbooks.
  • "The IMAA would make so much of a difference for us."
  • "Right now, the books come in so many different formats. It takes forever to [create] Braille [versions]. Our Braillists can't understand [the publishers'] different tags and they have to start from scratch. This has to be a nationally-coordinated movement. We need consistent formats and we need people trained to interpret those formats."
  • "Right now some districts do not choose their books for September until July. Those kids aren't going to have their books!"
  • Hasty notes that the file format is different for Braille than for other accessible formats. This was a concern when broadening the scope to include other special needs and modifications.


Connecticut

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

[§10-295 establishes a fund to provide specialized instructional materials, including Braille and large print, but does not require anything of publishers.]

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.state.ct.us/sde/

Special Education
Opens new windowhttp://www.state.ct.us/sde/deps/special/index.htm

Resource Directory for Assistive Technology
PDF documenthttp://www.ctserc.org/rfi/ATdirectory.pdf

Marianne Kirner, Director
Special Education Resource Center (SERC)
(860) 632-1485 ext. 265

Carol Schwartz Sullivan, Assistant Director
SERC
(860) 632-1485 ext. 341

Sarah Barzee, Assistant Director
SERC
(860) 632-1485 ext. 370http://nimas.cast.org/about/resources/statessurvey.htm

Interview Notes (April, 2003)

April 2003:

We first spoke with Karen Flanaghan of the State Legislative Office, who directed us to Terry DeFrancis of the Office of Special Education at (860) 807-2018.

  • No Connecticut state laws for publishers re: accessible materials


Delaware

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new window§14-206(c)—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.doe.state.de.us/

Special Education Office
Opens new windowhttp://www.doe.state.de.us/exceptional_child/ececehome.htm

Delaware Assistive Technology Initiative
Opens new windowhttp://www.asel.udel.edu/
(302) 651-6790

Disability links for the state of Delaware
Opens new windowhttp://www.doe.state.de.us/exceptional_child/links1.htm

Debra Stover
Education Associate, Reporting
302-739-4583
dstover [at] doe [dot] k12 [dot] de [dot] us

Martha Brooks
Curriculum and Instructional Improvement
mbrooks [at] doe [dot] k12 [dot] de [dot] us
(302) 739-3772

Interview Notes

April 2003:

On April 3, 2002 we spoke with Susan Keene at (302) 739-4652 ext. 3317. She suggested that we talk to Louise Warfield, but the message we left for Louise was then forwarded back to Susan.

  • Nothing in Delaware statutes re: publisher requirements for accessible materials


Florida

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new window§233.0561(5)—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.firn.edu/doe/

Special Education
Opens new windowhttp://www.firn.edu/doe/cgi-bin/doehome/menu.pl

Florida Instructional Materials Website
Opens new windowhttp://www.firn.edu/doe/instmat/

Charlie Carraway, Director
Florida DOE, Instructional Materials Program Specialist
(850) 245-0881
charlie [dot] carraway [at] fldoe [dot] org

Interview Notes

February 2003:

We spoke with Charlie Carraway, Program Specialist with Instructional Materials at (850) 487-8798.

  • Specific provisions exist for reproducing textbooks in Braille or large print: Florida Statute section 233.0561(5).
  • There are provisions listed in the back of subject area-specification documents re: reproducing textbooks for visually impaired (e.g., Opens new windowhttp://www.firn.edu/doe/instmat/; click on "Math K–8" and look at last 2 pages).
  • In terms of broader accessibility efforts, Carraway says that, although there is no statute regarding this, they (Florida DOE) request that publishers "incorporate strategies that consider different learning needs." Carraway explained this provision by stating that Florida "wants the publishers to think about universal design for curricular focus but does not provide specific instructions."


Georgia

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new window§20-2-1015—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

"The publisher of a textbook recommended by the State Board of Education shall provide an electronic format version of such textbook."

Opens new windowHB 228 (previously Opens new windowHB 363) became Act 321: Textbook Adoption Agreement, which amended state law by adding the above statute.

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.doe.k12.ga.us/index.asp

Georgia Instructional Material Center
Opens new windowhttp://www.gimc.org/

Georgia Learning Resources System
Opens new windowhttp://www.glrs.org/

Kim Hartsell, Project Director
Georgia DOE, Georgia Project for Assistive Technology
khartsel [at] doe [dot] k12 [dot] ga [dot] us
(404) 362-2024

Interview Notes

March–April 2003:

On March 20, 2003 we spoke with Kim Hartsell of the Georgia Department of Special Education at (404) 362-2024. On April 18, 2003, we spoke to Janine Miller from the Governor's Office at (404) 656-7942.

  • Georgia rule: publishers must produce e-files of any textbook that is listed on the state textbook adoption list. In Georgia, publishers are required to provide files because of the agreement they sign with the Department of Education—no legislative law from state Congress.
  • Adoption agreement—these e-files can be used to produce alternative formats, including Braille, large print, or electronic text for auditory access.
  • In March, Hartsell told us that "there is now a pending law in state Congress that would basically codify what is already happening." Hartsell said that because Congress is in a "budget quagmire," the proposed Bill is not likely to proceed at this time. However, it would simply codify what is already required by the publishers' agreements with the State Department of Education.
  • In April, Miller told us that HB 363 is dead for this session. According to Miller, it is possible that it will be revisited next January (2004).
  • Publishers submit lists of books they'd like to sell in the state. A committee within the State Department of Education reviews the books and adopts a list.
  • Individual school systems have the choice of adopting off the list or purchasing some of their own books. If the district chooses a text on the approved list, the state has to have to have an e-file of that textbook.
  • Georgia allows the publishers to provide e-files in several different formats: ASCII, ICAD, XML, Word. Once that file is made available from the publishers, it comes to the instructional materials center.
  • If the file is usable, the state will produce a version of the book or contract with an outside agency.


Hawaii

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new window§302A-442.5(b) (aka Act 193)—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

[Opens new window§103-72 gives state agencies the right to reproduce instructional materials in alternate formats. This is pre-Chafee Amendment state legislation.]

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://doe.k12.hi.us/

Special Education
Opens new windowhttp://doe.k12.hi.us/specialeducation/
Opens new windowhttp://www.sped.k12.hi.us/

Assistive Technology
Opens new windowhttp://www.teleschool.k12.hi.us/hoat/resource.html

Hawaii Center for the Deaf and Blind
Opens new windowhttp://www.hcdb.k12.hi.us/

Disability and Communication Access Board
Opens new windowhttp://www.state.hi.us/health/dcab/

Univsersity of Hawaii Center on Disability Studies
Opens new windowhttp://www.cds.hawaii.edu/

Francine Wai, Executive Director
Disability and Communication Access Board
accesshi [at] aloha [dot] net
(808) 586-8121

Kathy Ratliffe
University of Hawaii Center on Disability Studies
ratliffe [at] hawaii [dot] edu
(808) 956-9502

Interview Notes

April 2003:

We spoke to Francine Wai, Director of the Disability and Communication AccessBoard at (808) 586-8121.

  • No state laws for publishers re: accessible materials
  • The Hawaii Legislature tried to pass a law parallel to California law regarding requirements for publishers, but it failed. It was introduced in the 2000–2001 and the 2001–2002 sessions and failed. Wai notes that this was surprising because no cost was associated with it. So there is no formal law regarding requirements for publishers to provide anything extra to students who are print disabled.
  • Instead of a law for publishers, the state DOE is the mechanism that ensures students can have availability in forms they need—Braille, etc. Hawaii's DOE transcribes through the Library for Blind and Physically Handicapped.
  • The Disability and Communication Access Board is an assistance and advocacy organization attached to Hawaii Department of Health. It tracks implementation of federal laws and handles document reviews to ensure compliance with ADA. It also provides parent support.

 

Note: We also received information on Hawaii's Braille Bill from: Debbie Jackson, Legislative Liaison; Disability & Communication Access Board; 919 Ala Moana Blvd., Room 101; Honolulu, HI 96814; (808) 586-8121 v/tty; (808) 586-8129 fax; dljackso [at] mail [dot] health [dot] state [dot] hi [dot] us email.

Jackson wrote: "Here is the citation in the Hawaii Revised Statutes that related to Braille Instructional Materials. The bill was passed in the 2002 Hawaii State Legislature and is called Act 193 (the original bill number was SB 2165)." See link above for text of this law.


Idaho

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new window§33-118—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.sde.state.id.us/Dept/

Dan Prinzing
Idaho DOE
(208) 332-6974
dprinzing [at] sde [dot] idaho [dot] gov

Interview Notes

April 2003:

We spoke with Dan Prinzing, Coordinator, Curricular Materials and Social Studies.

  • Idaho has accessibility requirements for publishers with regard to students with special needs. The Law itself only says blind. However, contracts with publishers include "blind and handicapped," so publishers must provide electronic files for the use of students with diverse special needs.
  • See www.sde.state.id.us/instruct/Curriculum/docs/curricularmat/RulesGoverningIdahoAdoptionProcess.pdf
  • Under 33-118 and the contracts between publishers and the State Board of Education, publishers must provide electronic versions of textbooks in files in ASCII or Word. These files are stored in the State Depository, a state agency located at the Idaho School for the Deaf and Blind. School districts can then make direct requests to the Idaho School for the Deaf and Blind for the appropriately modified materials. While the law's language says "blind," the state (through their Depository) tries to make the materials available for students who have special needs beyond visual impairments. "If we are furnished with the electronic version, we see how far we can take the version to meet the needs of all students." The textbooks might be available on CD-ROM and made available for students with mobility issues, for example.
  • Publishers must send their files to the State Depository when they supply textbooks. If it is a non-literary subject (such as math), the timeline is extended, and the publisher must supply [the material] in a file format "as it becomes available."
  • Idaho is an adoption state.


Illinois

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Act 87-1071 Sec. 28-21—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Illinois Assistive Technology Project
Opens new windowhttp://www.iltech.org/

Special Education Assistive Technology Center at Illinois State
Opens new windowhttp://www.coe.ilstu.edu/seat/

Department of Education
Opens new windowhttp://www.isbe.state.il.us/

Special Education
Opens new windowhttp://www.isbe.state.il.us/spec-ed/default.htm

Frank Hanselman, Principal Consultant
Textbook Division, Illinois Department of Education
f [dot] hanselman [at] isbe [dot] net
(217) 782-0734

Wilhelmina Gunther, Executive Director
Illinois Assistive Technology Project
wgunther [at] iltech [dot] org
(217) 522-7985

Interview Notes

April 2003:

We spoke to Chuck Hays, Principal Consultant, Textbook Division, Illinois Department of Education at (217) 782-0734.

  • Illinois' Braille Law: Act 87-1071 Sec. 28-21 (publisher must provide ASCII file and print copy of textbooks for blind students within 10 days of request).
  • Hays is unaware of any state laws or bills to expand publisher requirements beyond Braille.


Indiana

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new windowIndiana Code 20-10.1-9-15—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://doe.state.in.us/

Special Education
Opens new windowhttp://doe.state.in.us/exceptional/speced/welcome.html

Indiana Assistive Technology Initiative
Opens new windowhttp://www.patinsproject.com/

Paul Ash, Assistant Director
Indiana DOE, Division of Exceptional Students
(317) 232-0585
pash [at] doe [dot] state [dot] in [dot] us

Linda Dierstein, Textbook Adoption Coordinator
Indiana DOE
(317) 232-9127

Interview Notes (March, 2003)

March 2003:

We spoke with Paul Ash, Textbook Adoption Coordinator at the Indiana DOE. We also received a follow-up e-mail message on March 24, 2003.

Indiana has current legislation, referred to as the Braille Bill, in Indiana Code at IC 20-10.1-9-15, which has been in effect for many years. The contemplated federal Instructional Materials Accessibility Act (IMAA) is expected to contain additional features which will positively affect the educational opportunities for students with disabilities as well as streamlining the process by which instructional materials are made available. It is expected to enjoy wide support within the special education community and among individuals and organizations interested in fostering universal access.

We are unaware of any current legislative proposals being considered by the Indiana General Assembly regarding this issue.


Iowa

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new window§301.10—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.state.ia.us/educate/

Richard Hanzelka, Executive Director
Iowa Association for Supervision and Curriculum Development
(563) 333-6000
rhanzelka [at] mchsi [dot] com

Interview Notes (April, 2003)

April 2003:

We spoke to Carol Greta, Legal Consultant to the Iowa Department of Education.

  • There is no specific state law requiring publishers to provide electronic files.
  • Everything is done on a district-by-district basis.
  • The district makes accommodations for each student based on their IEPs.
  • There is some state funding to reimburse districts.
  • The teacher tells the curriculum coordinator, who may contact the publisher for the file or may contact someone else to get large print or Braille. But it's voluntary for publishers to provide files.
  • For more information on actual stages of getting accessible materials, call Richard Hanzelka at the Iowa Association for Supervision and Curriculum Development at (563) 332-8357.


Kansas

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.ksbe.state.ks.us/Welcome.html

Special Education
Opens new windowhttp://www.kansped.org/

Kansas State School for the Blind
Opens new windowhttp://www.kssb.net

Neurological Disability Support Project
Opens new windowhttp://www.ksndsp.org/

Kansas Instructional Resource Center
Opens new windowhttp://www.kirc.org

Jackie Dink, Director
Kansas Instructional Resource Center
(913) 281-3308 ext. 417
kirc [at] kssb [dot] net

Interview Notes

March 2003:

We spoke with Carol Clark (Braillist) and Jackie Dink (Director) of the Kansas Instructional Resource Center (www.kssb.net).

  • The Kansas Instructional Resource Center serves only the blind and visually impaired, K–12, entire state (transcription, large print, some tagged publisher files).
  • Kansas has a Braille Law. However, there is no Kansas law extending instructional materials "beyond Braille." [editor's note: the Braille Law deals with instruction of Braille, not Braille materials].


Kentucky

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

PDF document§156.027—Law for publishers regarding K–12 students with print disabilities (including and in addition to visual impairments).

PDF document§156.476—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only). This law was previously SB 243.

Opens new window704 KAR 3:455—Regulations associated with both of the above laws.

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.kde.state.ky.us/

Special Education
Opens new windowhttp://www.kentuckyschools.net/KDE/Instructional+Resources/Student+and+Family+Support/Exceptional+Children/default.htm

Kentucky DOE Textbooks and Instructional Resources
Opens new windowhttp://www.education.ky.gov/KDE/Instructional+Resources/
Curriculum+Documents+and+Resources/Textbooks+and+Instructional+Resources/default.htm

Kentucky Assistive Technology Service Network
(800) 327-5287

Orin Simmerman, Director of Leadership and Instructional Support
Kentucky DOE
orin [dot] simmerman [at] education [dot] ky [dot] gov
(502) 564-4201

Interview Notes

March–April 2003:

We spoke with Brenda Hauser of the Kentucky DOE (interview #1).

SB 243 is a very progressive bill in terms of requiring DOE to give preferential procurement status to textbook and instructional materials from publishers who make their materials available in accessible format for students with disabilities. Schools will learn about what products publishers make that are accessible at the showcase where textbook vendors point out how their materials are accessible. Vendors send sample text to schools and districts so that teachers can be "better consumers" and examine the materials.

No extra funds provided with this bill. Districts receive textbook funds annually (through separate funding mechanisms).

There are three levels of instructional materials provision, including the following:

Full Compliance:

  • electronic file can be converted into anything
  • most amount of flexibility for expansion
  • file format compatibility
  • electronic files can be converted in almost any format

Marginal:

  • the electronic files have a marginal level of accessibility

Textbook reviewers: the State Textbook Commission creates a recommended adoption list of titles.

We also spoke with Steve Noble, Policy Analyst, Kentucky Assistive Technology Service Network, Steve [dot] Noble [at] mail [dot] state [dot] ky [dot] us, (502) 327-0022 ext. 268 (interview #2).


Louisiana

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new windowRevised Statutes 17:1985—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.doe.state.la.us/DOE/asps/home.asp

Special Education
Opens new windowhttp://www.doe.state.la.us/DOE/asps/home.asp?I=DSP

Textbook Adoption
(225) 342-3599

Marcie Coupel
Louisiana DOE, Textbook Adoption
(225) 342-6200
Marci [dot] Coupel [at] la [dot] gov

Interview Notes

April 2003:

We spoke with Mickey Pounders at (225) 342-6200 (mpounders [at] doe [dot] state [dot] la [dot] us).

  • "We were one of the first states to require publishers in our contracts to provide materials in diskette or electronic form to be printed in Braille or large print."
  • Louisiana has an Instructional Resource Center for the visually impaired.
  • They take the files from the publishers and produce Braille or large print.
  • Pounders was not sure that this is codified state law, but it is State Board policy which is as effective as law. It is in the DOE-Publishers' contracts.
  • Regarding alternative formats available in Louisiana, Pounders was only aware of Braille and large print materials formats.


Maine

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

http://nimas.cast.org/about/resources/statessurvey.html

Links & Contacts

Department of Education
Opens new windowhttp://www.state.me.us/education/

Special Education
Opens new windowhttp://www.state.me.us/education/speced/specserv.htm

Maine Consumer Information Technology Exchange (CITE)
Opens new windowhttp://www.mainecite.org

Maine Educational Center for Assistive Technology and Software (MECATS)
MECATS is now ALLTech
Opens new windowhttp://www.alltech-tsi.org/

Kathy Powers, Director
Maine CITE
(207) 621-3195
kpowers [at] doe [dot] k12 [dot] me [dot] us

David Stockford, Director
Maine DOE, Special Services
David [dot] Stockford [at] maine [dot] gov
207-621-6650

Interview Notes

April 2003:

We spoke with Kathy Powers, Division of Assistive Technology, Maine DOE, at (207) 621-3195 (kpowers [at] doe [dot] k12 [dot] me [dot] us).

  • There are no laws on the books in Maine that require publishers to provide files.
  • Maine is a local control state in terms of textbooks purchases and requirements.
  • All of the policies for publishers are driven by local identification of the student. The local Division for the Blind coordinates services to get textbooks in appropriate forms.
  • For students with other disabilities, local school districts deal with modifying materials (and pay for modifications).
  • The state does not keep track of local modifications/requirements regarding Braille and other adaptations of texts—no centralized reporting.


Maryland

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new window§8-408(d)—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

"Availability of instructional materials. (1) The Department shall develop procedures to coordinate the statewide availability of textbooks and supplementary instructional materials in nonvisually accessible media. (2) The State Board shall adopt regulations to require a publisher of a textbook, including texts in electronic media adopted by a county board to furnish, upon request, the instructional resource center established under paragraph (1) of this subsection with an electronic version of pupil edition textbooks for literary subjects, and for non-literary subjects when the technology is available to convert non-literary subject textbooks to a format compatible with Braille translations software, in which the content: (i) Is encoded in text suitable for conversion into Braille or synthesized speech; and (ii) Has been prepared using a mark-up language that maintains the structural integrity of the information and can be processed by Braille translation software."

[Opens new windowCode of Maryland Regulations (COMAR) 13A.05.02.13H, Opens new window§7-910—Other legislation relating to disability and technology use in schools.]

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.msde.state.md.us/

Special Education
Opens new windowhttp://www.marylandpublicschools.org/MSDE/divisions/earlyinterv/

Maryland School for the Blind
(410) 444-5000
Opens new windowhttp://www.mdschblind.org

Robb Farrell, Director
Maryland Instructional Resource Center
(410) 319-5715
robbf [at] mdschblind [dot] org

Interview Notes

February 2003:

We spoke with Robb Farrell of the Maryland School for the Blind at (410) 319 5715 (robbf [at] mdscblind [dot] org).

  • State legislation requires publisher to provide electronic file to produce alternative format so that state can provide it in Braille (or sometimes large print) to students.
  • Law is: COMAR 13a.06.05.01 (regs explaining/elaborating 8-408(d)).
  • Note: this legislation does not address accessible materials for students with learning disabilities.
  • Sometimes books are available on tape from RFB&D, but Maryland does not request that RFB&D make new ones on tape. [School] districts don't usually provide extra services to the students (Farrell believes that the city of Baltimore may be an exception). Parents can have private memberships to get products from RFB&D.
  • A student's regular teacher makes a request for materials to vision teacher, who, in turn, makes a request to Maryland School for the Blind, and either Ferrell translates the electronic file from the publisher into Braille, or, if they want large print, they order it from source in California.


Massachusetts

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

[Opens new windowMass. General Law Sec. 69-1B—Requires that the Board of Education provide schools with technical assistance for creating Braille textbooks. No requirements for publishers.]

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.doe.mass.edu/

Special Education
Opens new windowhttp://www.doe.mass.edu/sped/

Carrie Brasier, Director
Massachusetts Vision Resources Library
(800) 827-7772

Marylyn Howe, Project Director
Massachusetts Assistive Technology Partnership
mhowe [at] matp [dot] org
(800) 848-8867

Myra Berloff, Director
Massachusetts Office on Disability
(617) 727-7440

Interview Notes

April 2003:

We spoke with Carrie Brasier, Director of The Massachusetts Vision Resources Library, which provides Braille and large print materials to visually impaired students at (800) 827-7772). They are not budgeted to serve students with other disabilities.

  • Massachusetts has no state law requiring publishers to provide e-files for students with print disabilities.


Michigan

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new windowMichigan Compiled Law (MCL) 380.1704 (aka Act 451)—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

[Opens new windowMCL 390.1543 (aka Act 197)—Law regarding electronic textbooks for college and university students.]

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.michigan.gov/mde

Special Education
Opens new windowhttp://www.michigan.gov/mde/0,1607,7-140-6525_6530_6598---,00.html

Carol Easlick, School Law Specialist
Michigan DOE, Bureau of School Finance and School Law
517 373-0764
easlickC [at] michigan [dot] gov

Joanne Winkelman
Office of SPED, Michigan Department of Education
517 373-1696
winkelmanj [at] michigan [dot] gov

Interview Notes

March 2003:

On March 20, 2003 we spoke with Carol Easlick, Government Services, Michigan Department of Education at (517) 373-0764 (EaslickC [at] michigan [dot] gov).

On March 24, 2003 we spoke with Joanne Winkelman, Office of SPED, Michigan Department of Education at (517) 373-1696 (winkelmanj [at] michigan [dot] gov).

  • Braille law only (effective May 30, 2000)
  • New legislation re: publisher requirements to provide textbooks (MCL 380.1704).
  • The amendment creates the "Blind Pupil's Braille Literacy Law" within the Revised School Code to do the following:
    • Require the Department of Education to adopt Braille reading and writing standards for teachers of blind and visually impaired pupils.
    • Require a local school district or an intermediate school district (ISD) to provide information on the benefits of instruction in Braille reading and writing to each person on a blind pupil's individualized educational planning committee when it receives this information from the Department of Education.
    • Require the Department of Education to obtain Braille versions of textbooks and/or electronic file format versions of textbooks that could be converted to Braille versions.
    • Prohibit a pupil from being denied instruction in Braille reading and writing solely because the pupil has some remaining vision.
    • Braille literacy only—no other disabilities included.

Note: There is also a higher ed. bill regarding accessible textbooks (HB 4070)—Electronic Textbook Act—but no K–12 counterpart (introduced 1/28/03 by Rep. Doug Spade, who is blind).


Minnesota

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://children.state.mn.us/

Jean Martin, Director/State Specialist
Resource Center, Deaf/Blind Project
(507) 332-5510
jean [dot] martin [at] state [dot] mn [dot] us

Cathy Lyle, Deaf/Blind Education Consultant
Minnesota Deaf/Blind Project
cathy [dot] lyle [at] dbproject [dot] mn [dot] org
(612) 638-1526

Joan Breslin-Larson
Special Education Policy
(651) 582-1599

Interview Notes

April 2003:

We spoke to Jean Martin, Director/State Specialist (at Deaf/Blind Project) at (507) 332-5510.

  • Nothing in the state Braille Law relates to publisher requirements.


Mississippi

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

§37-23-199—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

"All textbook publishers that sell textbooks to school districts within the state must furnish the State Department of Education with computer diskettes for literary subjects in the American Standard Code for Information Interchange (ASCII) from which Braille versions of the textbooks can be produced. Further, the publishers shall furnish the department with computer diskettes in ASCII for non-literary subjects, including natural sciences, computer science, mathematics, and music, when Braille specialty code translation software is available."

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.mde.k12.ms.us/

Special Education
Opens new windowhttp://www.mde.k12.ms.us/special_education/

Textbook Publishers and Publisher Representatives
Opens new windowhttp://www.mde.k12.ms.us/textbook/publishers.html

Kevin Clinard, Director of Instructional Resources
Mississippi School for the Blind
(601) 984-8207
kclinard [at] mde [dot] k12 [dot] ms [dot] us

Kim Esco-Collins, Director
Textbook Adoption Office
(601) 354-7543
KEsco [at] mde [dot] k12 [dot] ms [dot] us

Interview Notes

April 2003:

We spoke with Kevin Clinard, Director of Instructional Resources, Mississippi School for the Blind at (601) 984-8207 (kclinard [at] mde [dot] k12 [dot] ms [dot] us).

  • For students with print disabilities that are not based on blindness or visual impairment, the state provides referral to Library of Congress (usually approx. 5–6 requests per year).
  • Mississippi School for the Blind does not produce any of its own texts. Instead, it contracts out with Braille and large print producers.
  • There is a local large print producer, plus an organization in North Dakota (using prison labor) with two units: "Confined Leading the Blind" (Braille) and "Prose and Cons" (large type).
  • The state reported some difficulties related to ISBN #s since requests from districts sometimes included "made up" ISBN's (based on the local catalog number used by the district). This creates problems. If the actual version requested has not been updated, however, the existing version will probably satisfy the District's needs.
  • Adoptions done at the district level (5-year cycle), and with 152 school districts "there can be 152 algebra books." Also, since school board members are elected, they take their positions very seriously and will devote considerable energy to fighting the adoption of specific books they oppose. Tremendous time lags result when this occurs (happens in about 15 school districts each year, i.e., one book per district).
  • Process of Clinard's office is first to search LOUIS and try to locate the book, then to check with in-state large type producer. Next, double check is made to ensure this the right book (ISBN #) and to have large type producer do a cost analysis.
  • Next, Clinard's office sends a request for funds downtown (all large print funding is state funding, plus they get American Printing House for the Blind quota funds for Braille).
  • Next, when authorization comes through, book is ordered. In-state producer can turn around book in about a week.
  • Note: School in Mississippi starts at the beginning of August, so it is harder to get materials in time if they are ordered late or coming from providers serving markets that usually have mid-September deadlines to meet (e.g., TX, CA, ND).
  • Some publishers voluntarily send ASCII files on disk when a book is ordered. However, Clinard can't do anything with them because they can't produce books and can't send the files to the book producers (Braille/large type producer needs to be the one requesting the ASCII files since they are the organization capable of actually producing the alternate formats).
  • So far, he has not had any problem getting permission to reproduce texts from larger publishers. On occasion, smaller publishers have refused to turn over computer files. No law suits [have been filed] because [schools have] found ways to get books transcribed through other means.
  • Each year, about 300 kids are identified as needing books—280 large print and 20 Braille—in entire state; 300–400 titles in need of transcribing per year.
  • Subsequent discussions with the original Senators supporting the legislation regarding modifying original Braille law (although it has been highly successful ... reaching 56% more kids than before)


Missouri

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new windowMissouri Revised Statute 170.132—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.dese.mo.gov

Special Education
Opens new windowhttp://www.dese.mo.gov/divspeced/

Roselie Backer, Program Coordinator
Missouri DOE, Assistive Technology
(816) 373-5193

Interview Notes

April 2003:

We spoke with Roselie Backer at Missouri's Department of Special Education

  • State law 170.132 is available at Opens new windowhttp://www.dese.mo.gov/divspeced/Blind/brailleguidelines.html.
  • State law tells districts to give procurement preference to publishers who make books available in accessible format, "in either Braille format or electronic format."
  • The state DOE has been giving information to districts regarding who to contact at publishing companies besides their sales department (with whom they normally interact) to request alternative formats/files of textbooks.
  • There is no state clearinghouse with files, but there is a taskforce looking into it. This taskforce, know as Taskforce 401, looks at accessibility issues, primarily as they pertain to blind/visually-impaired students. The taskforce surveys and tracks the use of assistive technology (for vision-related issues) in the state and provides feedback to the legislature.
  • There are nine education regions in Missouri, and, currently, a blind skills specialist in two of the nine regions (serving as a resource for the districts) is funded through the legislature.
  • Missouri's Department of Special Education office and Taskforce 401 are both aware of IMAA and are waiting to see if it passes. Currently no legislation/initiatives in Missouri expand the language of the current law beyond visual impairments. But if IMAA passes, Missouri will comply with its language.
  • Taskforce 401 has representation from the School for the Blind, advocates, consumer groups for the blind, and others.
  • Missouri's DOE did sponsor an annual conference looking at all areas of disabilities. They had workshops dealing with accessible formats for students with various special needs so that they could get schools and districts to think more about accessibility.

Note: Missouri also offers a unique program: Telecommunication Access Program (TAP), to provide access to the Internet for individuals with various special needs. This is not a school program. Missouri can provide anyone in the state with an adaptive program to make computers accessible to Internet access, i.e., through magnification or screen readers for home use. The surcharge (tax) that pays for a relay program for the deaf also provides funding for the state to purchase equipment for TAP.


Montana

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.opi.state.mt.us/OPISiteMap.html

Special Education
Opens new windowhttp://www.opi.state.mt.us/SpecED/Index.html

Marilyn Pearson, Assistant Director of Special Education
Montana DOE
(406) 444-4428
mpearson [at] mt [dot] gov

Francisco Roman
Services to Students with Deaf-Blindness, Monitoring
(406) 444-4426
froman [at] mt [dot] gov

Interview Notes

April 2003:

We spoke with Marilyn Pearson, Assistant Director of Special Education, at (406) 444-4428.

  • No state mandate, no administrative rule or statute requiring publishers to provide files.
  • If a district needs a book in an alternative format, they contact the publishers.
  • There is a state library and a state school for the deaf and blind. Districts might be able to borrow books informally from these sources.


Nebraska

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new window§79-734.01—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.nde.state.ne.us/

Special Education
Opens new windowhttp://www.nde.state.ne.us/SPED/sped.html

Nebraska Assistive Technology Partnership
Opens new windowhttp://www.nde.state.ne.us/ATP

Teresa Coonts
Deaf/Blind Services
Nebraska DOE
(402) 595-1810

Mark Schultz, Director
Nebraska Assistive Technology Partnership
(402) 471-0734
mark [dot] schultz [at] atp [dot] ne [dot] gov

Interview Notes

April 2003:

We spoke with Teresa Coonts at (402) 595-1810 (tcoonts [at] esu3 [dot] org).

  • LB 647: New law signed into law April 2002 and effective January 2003.
  • Relevant language requires publishers to provide files of their textbooks to the state to be used for Braille and large print.... Limited to students who are "blind and visually impaired."


Nevada

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.doe.nv.gov/

Bill Strader
Textbook Adoption
Library/Learning Resources
(775) 687-9141
strader [at] nsn [dot] k12 [dot] nv [dot] us

Interview Notes

April 2003:

We spoke with Rorie Lackey of the Nevada DOE, Special Education Division, at (775) 687-9215. We also spoke with Bill Strader of the Nevada DOE, Textbook Adoption Division at (775) 687-9245.

  • No state law requiring publishers to provide files.
  • District policies deal with this.


New Hampshire

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.ed.state.nh.us/

Special Education
Opens new windowhttp://www.ed.state.nh.us/education/doe/organization/bose.htm

Mary Lane
New Hampshire Bureau of Special Education
(603) 271-3740

Interview Notes

April 2003:

We spoke with Mary Lane of the New Hampshire Bureau of Special Education at (603) 271-6693.

  • No state law requiring publishers to provide e-files of textbooks.


New Jersey

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.state.nj.us/education/

Special Education
Opens new windowhttp://www.nj.gov/njded/specialed/

New Jersey Protection and Advocacy, Inc.
Opens new windowhttp://www.njpanda.org

DOE Distribution/Publication Office
(609) 984-0905

Office of Legislative Services
(609) 292-6038

Dennis Cruz, Principal
St. Joseph's School for the Blind
(201)-653-0578

Interview Notes

April 2003:

We spoke with representatives of the Special Education Office (609) 292-0147, The Distribution/Publication Office (609) 984-0905, and the Legal Office (609) 292-8624. Nobody had any information regarding state laws pertaining to accessible materials and/or publisher requirements regarding e-files.

On April 3, 2003 we left a message for Dennis Cruz, Principal of St. Joseph's School for the Blind. As of June 1, 2003, we had not received a response.


New Mexico

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

§22-15-29—Law for publishers regarding K–12 students with print disabilities (including and in addition to visual impairments). This statute, together with §22-15-26, §22-15-27, §22-15-28, §22-15-30, §22-15-31 is the Braille Access Act (aka HB 349, SB 301).

[§22-13-27—Law pertaining to accessibility of distance learning courses in public schools, §21-2-5.1—Law pertaining to accessibility of distance learning courses in institutions of higher education. Both of these statutes derive from HB 708.]

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

New Mexico State Legislature
Opens new windowhttp://legis.state.nm.us/

Department of Education
Opens new windowhttp://www.sde.state.nm.us

Karen Courtney Peterson, Assistive Technologist
kcourtney [at] state [dot] nm [dot] us
(505) 954-8561

Interview Notes

February 2003:

We spoke with Bill Newroe, an Assistive Technologist with the state DOE (wnewroe [at] state [dot] nm [dot] us).

House Bill 708—just introduced in New Mexico state legislature by Sandra Townsend. Passed House Education Committee on February 26, 2003. Likely to pass, in Newroe's opinion.

The language/proposed legislation is to be put in public funding formula law for both higher education and K–12 to be placed under School Board Duty (public school code). The language has to do with access to electronic files, not having it just in PDF, which is inaccessible.

  • HB 708 is separate from New Mexico's Braille Bill (which was not amenable to adding other disabilities)
    • mentioned some interference from blind community on current initiative
    • but HB 349, Braille Access Act, and SB 301 (same thing) is similar to HR 708, just blind-focused
    • currently there are four bills in New Mexico regarding accessibility
  • The state Braille Act is very blind-oriented, whereas the new bill is more inclusive of other disabilities—physical, etc. Focus [is on] on assistive technology for all.
  • Re: Publishers—they want to see the legal framework to be convinced.
  • "We see our role as educating and advocating [in the legislature]—we'll keep introducing the language."
  • Funding through ESEA/NCLBA part D (technology) and IDEA
    • Newroe says funding should not be a hurdle because the technology is already there in Windows 2000—screen-reader, etc.—basically facilities should have universal design tools such as speech recognition, word prediction, scanner, etc.
    • Important to have section DD added to the school code because it is more enforceable (as opposed to just a state technology plan which is less enforceable)
  • New law is not about textbooks....
  • We are trying to implement the guidelines from 508 and best practices.
  • Our goal is to find a network of experts—[to] identify people who are enthusiastic.
  • Regional Technology Education Centers—provide assistance and referrals to schools/districts for how to take advantage of, for example, Windows 2000—helps with IT in the schools. Technology assistance training. There is also an 800 number for school IT people to call for help. IT people don't understand functionality available, etc., so [there is an] important role for an assistance services network.

Other Information:

  • The National Institute on Disability and Rehabilitation Research (NIDRR) is under OSERS, which funds assistive technology/Disability Business Tech Centers.
  • Disability Law Resource Project—contact Wendy Wilkinson, attorney, in Texas at (713) 520-0232 re: SW DiBTech: NM, TX, AK, OK, LA.


New York

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new windowChapter 377 of the Laws of 2001—Law for publishers regarding K–12 students with print disabilities (including and in addition to visual impairments); Law for school districts, specifically, to provide alternative-format materials to K–12 students with print disabilities.

Under chapter 377, school districts are required to have a written plan outlining how they will provide modified instructional materials to students with special needs, delivered at the same time as their peers receive [traditonal] materials. Though there is nothing required of publishers, there is language encouraging districts to give special consideration to publishers who publish materials in alternative formats.

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.nysed.gov/

Special Education
Opens new windowhttp://www.vesid.nysed.gov/specialed/

Textbook Legislation
Opens new windowhttp://www.vesid.nysed.gov/specialed/publications/policy/afatt3.htm

Daniel J. Ryan, Supervisor
Office of Vocational and Educational Services for Individuals with Disabilities, Lifelong Services Team
(518) 486-7462
dryan [at] mail [dot] nysed [dot] gov

Laurie Munro
New York State Commission for the Blind and Visually Handicapped
(518) 474-6956

James Knowles, Interim Superintendent
New York State School for the Blind
(585) 343-5384

Interview Notes

April 2003:

We spoke with Dan Ryan, Supervisor of the Office of Vocational and Educational Services for Individuals with Disabilities at (518) 486-7462 (dryan [at] mail [dot] nysed [dot] gov).

Amendment to Section 200.2 now includes chapter 377, which then went in front of the Board of Regents and passed. As of May 2002, it is law.

Note: nothing is required of the publishers. Responsibility is on the district to have a written plan outlining how they will provide modified instructional materials to students with special needs at the same time as their peers receive [traditonal] materials.

  • While the districts do not have to submit their plans to the Department of Education, they do have to have them available if asked.
  • There is no formal clearinghouse where all the districts all get materials, but there is a resource center at the School for the Blind in Batavia, New York. At the resource center, people from various districts can ask staff for recommendations on where to get books or materials in alternative formats. The school participates in the American Printing House program. They maintain a lending library. They provide technical assistance, [advice on] what software to get, etc., for districts who ask. This has been in place for many years, well before current state legislation, Lending Library, etc.
  • Resource Center at the School for the Blind might have information regarding districts and who has what materials, but they're not collecting information formally.
  • Braille bill passed a while ago, and language already existed in IDEA, but blind advocates wanted something to say "Braille."
  • The problem was that kids with special needs were not getting materials in a timely fashion. Big problem if a new student comes and needs alternative materials. It might take 2–3 months. This amendment (ch. 377) requires districts to plan in advance even if they don't have students currently in need of alternative materials.
  • There is language encouraging but not requiring districts to give special consideration to publishers who publish materials in alternative formats.


North Carolina

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

There are guidelines for publishers providing electronic files of textbooks, but no laws or requirements (see interview notes below). [Opens new window§115C-90 gives state agencies the right to reproduce instructional materials in alternate formats. This is pre-Chafee Amendment state legislation.]

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.ncpublicschools.org/

Special Education
Opens new windowhttp://www.ncpublicschools.org/ec/

Textbook Adoption Homepage
Opens new windowhttp://www.ncpublicschools.org/textbook/

Tom Winton
Visual Impairments and Assistive Technology
(919) 807-3988
twinton [at] dpi [dot] state [dot] nc [dot] us

Dr. Wandra Polk
Textbook Adoption
(919) 807-3816
wpolk [at] dpi [dot] state [dot] nc [dot] us

Interview Notes

April 2003:

We spoke with Ms. Oris Jones at (919) 807 3819.

On the web site, in the "2002 Invitation to Submit Textbooks for Evaluation and Adoption in North Carolina" manual for publishers, we found the following information:

Page 7: Materials for Special Populations (These are guidelines as opposed to requirements.)

Categories for materials for special students are as follows:

NA—Not Adapted—These textbooks may not be appropriate for use with students who require special formatting that makes a text "user friendly." One example of a "not adapted" textbook may be textbooks for advanced courses, i.e., college textbooks.

GE—General Education—These textbooks are suitable for use with general education students and with students in various handicapped situations.

AT—Adapted Text—These are textbooks that may be used for special students to parallel information presented in general education textbooks. Reading levels appropriate for students who require special instruction and text formats which promote the development of cognitive processes for special students are important considerations for adapted texts. Stilted language to achieve appropriate reading level is unacceptable. Adapted texts may be used in a variety of classroom situations.

"User-friendly" text format is especially important for students who need special help; however, all students can benefit from employing certain instructional strategies in textbooks to enhance cognitive processes. Formatting techniques such as advance organizers, boldface print, signaling, adjunct questions, and glossing of pertinent vocabulary provide students with ways to organize for learning.

Curricula for most special students follow the curricula designed for students in general education. The same evaluative criteria for textbooks will be used for NA, GE, and AT submissions; however, special educators will evaluate the material using their knowledge of students with special needs to determine how well the material can be used in the mainstream classroom. A written evaluation form will be completed, and the evaluators will report their findings to the Textbook Commission.

Text on Tape (TOT): Text on tape refers to recordings of student text material. Recordings should also include information about pertinent maps, illustrations,and other graphics. Recordings are often used with learning-disabled students. It is preferred that each tape include all verbiage found in the actual textbook, including the aforementioned items and chapter summaries and questions.

Delivery of Computerized Files

On or before the March 1st deadline specified in the adoption schedule, each publisher of newly-adopted instructional materials shall provide computerized files as specified in the Invitation (Attachment 11) to be used for producing Braille or other versions of materials to be used by students with disabilities. All information contained in adopted instructional materials shall be included on the computerized files. Computerized files may be used by the State for the production of Braille or large type instructional materials. Computerized files may also be copied and distributed to a school district upon request, for instructional use with a student with disabilities who requires the use of computerized instructional materials; pursuant to an individualized plan developed for the student under the Americans with Disabilities Act or the Individuals with Disabilities Education Act.

Attachment 11—Automated Production of Braille

Includes five format options for publishers to provide files of texts to be used in Braille production.


North Dakota

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.dpi.state.nd.us/index.shtm

Special Education
Opens new windowhttp://www.dpi.state.nd.us/speced/index.shtm

Interagency Program for Assistive Technology
(701) 265-4807
Opens new windowhttp://www.ndipat.org/

Connie Rawls, Office Coordinator
Interagency Project for Assistive Technology
(701) 265-4807
crawls [at] polarcomm [dot] com

Faye Lehn, Talking Book Machine Coordinator
School for the Blind
(701) 795-2711
flehn [at] state [dot] nd [dot] us

Crystal Roy
Braille Center
(701) 795-2713
crroy [at] sendit [dot] nodak [dot] edu

Judie Lee, Director
Interagency Program for Assistive Technology
(701) 265-4807
jlee [at] polarcomm [dot] com

Interview Notes

April 2003:

We spoke with Connie Rawls of the Interagency Project for Assistive Technology (IPAT) at (701) 265-4807 regarding IPAT materials. This does not necessarily reference textbooks or other educational materials.

  • Tech Act Project (www.ndipat.org ) is a federal project that responds to the assistive technology concerns of school districts, businesses, and consumers.
  • Provides alternative format materials, such as audio, Braille, large print, 3-1/2 inch disks, and attachments.
  • School for the Blind provides Braille copies.
  • Tech Act Project keeps a disk and a copy of each type of format at their office.
  • Three coordinators throughout the state. Services such as assessments and training provided through a coordinator.
  • Equipment loan library for consumers, students, elderly—they can borrow the equipment for 42 days.
  • Coordinator in turn may do an assessment to determine what equipment someone might need. They have done job-site assessments. They've gone into schools.
  • Project doesn't work with publishers per se. "We work with printers and graphic artists. We take the disk from the printer and forward it to the school for the blind and they provide Braille copies."


Ohio

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

DOE Rule 3301-51-21—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

[Opens new windowRevised Code § 3329.01 relates to electronic textbook purchasing but not disability.]

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.ode.state.oh.us/

Special Education
Opens new windowhttp://www.ode.state.oh.us/exceptional_children/

ORCLISH
Serving Students with Low Incidence and Severe Disabilities
Opens new windowhttp://www.orclish.org

Mike Armstrong, Director of Exceptional Education
Mike [dot] Armstrong [at] ode [dot] state [dot] oh [dot] us

Interview Notes

March 2003:

  • ORCLISH, Serving Students with Low-Incidence and Severe Disabilities
  • ORCLISH is a state-wide, federally-funded project under the direction of the Ohio Department of Education, Division of Special Education.

We spoke with Paula Mauron (who specializes in vision areas) and Mary Binion (who specializes in assistive technology) at (800) 672-5474 (ext. 1850 for Mary Binion).

Interview with Mary Binion re: Assistive Technology Initiatives in Ohio

  • No pending or existing legislation re: accessibility beyond the Braille Bill.
  • Two years ago, Ohio took federal money given to them for "School Renovation, IDEA, and Technology" (meant to be for ramps, elevators, etc.) and used the provision that said "25% of the allocation can be used to implement any portion of IDEA" to provide a $9.3 million grant for assistive technology for individual students' IEPs.
  • Thus far, $8 million has been disseminated based on best-practice procedures.
  • They are now in the 4th round of grant funding to students for IEP assistive technology devices.
  • For this round, grant applications were due February 12th and will be awarded June 15th. Then they will have spent the $9.3 million grant.
  • Teams of individuals apply on behalf of a student. There is then a team of individuals who review the requests (team members include occupational therapists, technology support specialists, teachers). There is a scoring rubric available online. The 200 lowest-wealth districts have a poverty factor included in their scoring rubric.
  • Thus far, 4,000 students have received assistive technology with this grant.
  • Money is also used for teacher training.
  • 20 online classes offered in assistive technology for teachers, parents ... there is an affiliation with Bowling Green State University. Soon there will be a program where graduate students can obtain a Masters of Education with a focus on assisitive technology. Class titles include "Assistive Technology Fundamentals."
  • Using the Assistive Technology Outcomes Measures Systems Grant awarded to the University of Wisconsin, Milwaukee, they are trying to measure the impact of this new technology provided for Ohio students.
  • A $12 million grant request is now in the state legislature. Binion is hopeful it will go through to continue providing assistive technology to students. The Ohio Coalition for Education of Children with Disabilities is a powerful advocacy organization, and this funding is one of their priorities.
  • This funding can go to all sorts of assistive technology devices—from power chairs to read-aloud's to co-writers, etc.
  • "We are complying with the technology piece of IDEA."
  • "Our major focus is providing access to the general curriculum for all students."
  • "We are excited about the synergy between UDL and Assistive Technology."

Interview with Paula Mauro re: Braille Bill, etc.:

Braille Law: Amended Substitute House Bill Number 164, August 1995

  • If publishers want to sell in Ohio, they must provide disks/files for producing Braille, on request.
  • Braille and large print process:
    • 1. See if we have Braille or large print on file already.
    • 2. See if American Printing House has it.
    • 3. See if LOUIS database has it (School districts can get [texts] for free [from LOUIS]).
    • 4. If text can't be found elsewhere, ask for file from publisher.
  • "This is never a quick project."—Teachers are encouraged to make their requests in the Spring for the following year.


Oklahoma

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

§70-16-106D—Law for publishers regarding K–12 students with print disabilities (including and in addition to visual impairments).

"As requested by a school district or the Oklahoma School for the Blind, all publishers who enter into contracts with the State Textbook Committee shall be required to furnish the Committee with electronic files in a file format from which Braille and other accessible versions of the instructional materials can be produced. The file format in which electronic instructional materials files are provided to the Committee shall be in a format prescribed by federal law or regulations promulgated by the United States Department of Education which requires national standards for electronic files to be used for production of accessible instructional materials. In the absence of a federal law or regulation establishing a national standard, a file format standard shall be prescribed by the State Department of Rehabilitation Services."

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.sde.state.ok.us/home/defaultns.html

Linda Sudell
Educational Services
Library for the Blind
(405) 521-3514

Interview Notes

April 2003:

We spoke with Paige Phillips, Director of Instructional Materials.

  • If schools want materials that are in a different format or Braille, they need to contact the library for the blind and the library for the blind gives it to them.
  • "There is a section in the school law about this."
  • Has not personally received requests for alternative formats other than Braille through her office.

 

We also spoke to Linda Sudell, Educational Services, Library for the Blind,at (405) 521-3514.

  • We have a clearinghouse, Braille textbooks and large print, and different school districts have ordered from us. We respond to teachers' calls regarding visually impaired students. American Printing House for the Blind, we do a LOUIS search. If they want it in Braille and it's in Braille, we'll order it for the child if we have the funding. For large print we use the same process. The teacher is the responsible party for that student and we loan the book to the teacher for the schoolyear, and when they are through they send it to the library. If there is a student that requires books on tape, then we have them sign up on the library web site and fill out an application with a doctor's signature describing their visual acuities or dyslexia. It's a free service for the child or the school. We also lend out tape players. Recording for the Blind and Dyslexic gives us books on tape. We also have recording studios here and we have volunteers come in. It is a lengthy process. We try to help in any way we can.
  • Theresa Kruda might have more information (405) 522-0982).

We also looked on the web and found that Oklahoma State Law requires publishers to provide files in a format which can be translated into Braille.


Oregon

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Oregon Revised Statutes (ORS) 343.595—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

"The State Board of Education shall require a publisher of a textbook adopted by a school district to furnish the Oregon Textbook and Media Center with computer diskettes for literary subjects in a computer-accessible format from which Braille versions of the textbook can be produced. The publisher shall furnish the center with computer diskettes in a computer-accessible format for non-literary subjects, such as natural sciences, computer science, mathematics, and music, when Braille specialty code translation software is available."

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.ode.state.or.us/

Oregon Technology Access Program
Opens new windowhttp://www.otap-oregon.org

Gayl Bowser, Coordinator
Oregon Technology Access Program
gayl [dot] bowser [at] douglasesd [dot] k12 [dot] or [dot] us

Don Ouimet, Director
Oregon School for Blind
(503) 378-3820 ext. 223
don [dot] ouimet [at] state [dot] or [dot] us

Interview Notes

April 2003:

We spoke to Rex Crouse at (503) 378-8004 ext. 2277.

  • There is no state law requiring that publishers provide textbooks in an electronic file format.
  • "I know this has come up in other states, but it hasn't surfaced in Oregon."
  • Any Braille translations happen at the local school district level. There is also a school for the blind in Oregon.
  • The information listed on the American Foundation for the Blind list (OR Sec. 343.595) concerning Braille/publisher files is from the SPED statute and is "may" language, not "shall" language.


Pennsylvania

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.pde.state.pa.us/pde_internet/site/default.asp

Special Education
Opens new windowhttp://www.pde.state.pa.us/special_edu/site/default.asp?g=0

Cathy Nadberazny
Production Services
Pennsylvania Department of Education
(717) 541-4960
cnadberazny [at] pattan [dot] net

Barbara Thrush, Special Education Advisor
(717) 783-1024
bthrush [at] state [dot] pa [dot] us

Interview Notes

April 2003:

We spoke with Cathy Nadberazny at (717) 541-4960 (cnadberazny [at] pattan [dot] k12 [dot] pa [dot] us). She works for the Pennsylvania DOE in Production Services.

  • Pennsylvania is NOT an adoption state.
  • NO laws regarding purchasing, etc. The law is that Pennsylvania will provide for student with visual disabilities, etc. Braille and large print are provided to students on an as-needed basis.
  • K–12 by book (not by student). 2001–2002: reproduced 3,993 books into large print and produced or purchased 1,711 Braille books.
  • Process:
    • 1. Individual school teachers of the visually impaired send in original texts (as early as February/March/April for following year, sometimes later when kids move in from out of district).
    • 2. Production Services checks to see if they have the Braille text in-house already on disk (from previous years).
    • 3. All large print is done in state.
    • 4. If Braille version is not already available in-state, Pennsylvania looks to a different agency to purchase.
    • 5. Braille market among the states.... Pennsylvania sells to other states and vice-versa through APB Database LOUIS at: Opens new windowhttp://www.aph.org/louis.htm
    • 6. If it's not available elsewhere, Pennsylvania formats it into Braille. If it's close to September, they send it to the school in volumes so that student(s) can participate [in class].
    • 7. Original text is returned to teacher.


Rhode Island

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.ridoe.net/

Special Education
Opens new windowhttp://www.ridoe.net/Special_needs/Default.htm

Rhode Island Disability Law Center
(401) 831-3150

TECHAccess of Rhode Island
(401) 463-0202

Judith Saccardo, Director
Rhode Island Technical Assistance Project
(401) 456-8041

Interview Notes

April 2003:

We spoke with Steve Nardelli, Special Assistant, Legislative Relations, at (401) 222-4600 ext. 2015.

  • Rhode Island is a local-control state with no state-wide laws for publishers or school districts re: textbook requirements.
  • There is a bill pending right now in Rhode Island pertaining to publisher requirements, but is irrelevant as it has to do with expanding the list of history and social studies books available to loan to non-public schools. It does not pertain to accessible versions of textbooks in any way.


South Carolina

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.myscschools.com/

Special Education
Opens new windowhttp://www.myscschools.com/offices/ec/

Tim Conroy
Assistive Technology
(803) 734-0388

Interview Notes

April 2003:/p>

We spoke with Marcia Kelly at (803) 734-8222.

  • There are no state regulations for publishers re: alternative formats for blind students or students with other disabilities.


South Dakota

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.state.sd.us/deca/

Special Education
Opens new windowhttp://doe.sd.gov/oess/specialed/index.asp

Dan Boyd
South Dakota DOE
(605) 773-5051

Julie Carpenter, Education Program Specialist
Visual Impairment
(605) 773-3219
julie [dot] carpenter [at] state [dot] sd [dot] us

Interview Notes

April 2003:

In response to our inquiry, we received a voice-mail message from Dan Boyd, (605) 773-5051.

  • "There is no state law requiring publishers to provide anything but print at this time. It is my hope that something can be introduced in the 2004 Legislature to change that."


Tennessee

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

PDF documentDOE Rule 0520-1-2-.15—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

"After January 1, 1996, no newly-adopted bound print textbook shall be approved by the State Board of Education unless the publisher has committed in writing to furnish to the State Department of Education, the American Printing House for the Blind, or a national repository, within 60 days of receipt of a request, electronic computer text files from which applicable Braille versions of the textbook may be produced."

http://nimas.cast.org/about/resources/statessurvey.htm

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.state.tn.us/education/

Special Education
Opens new windowhttp://www.state.tn.us/education/speced/index.htm

Susan Doughty
Office of Textbook Services
(615) 532-2717

Joseph Fisher, Assistant Commissioner
(615) 741-2851
Joe [dot] Fisher [at] state [dot] tn [dot] us

Interview Notes

March 2003:

We spoke with Larry Gregory, Director, Office of Textbook Services at (615) 532-6279.

  • Tennessee is an Adoption State.
  • Tennessee State Board of Education rule 0520-1-2-.15, passed in 1995, went into effect in 1996.
    (PDF documenthttp://www.state.tn.us/sos/rules/0520/0520-01/0520-01-02.pdf)
  • Publishers must agree to provide e-file from which Braille can be produced for all bound print items.
  • To Gregory's knowledge, no effort has been made to include more disabilities in this law ... exclusively for Braille and large print.
  • According to the law, after a request is made, a publisher must provide an e-file in 60 days to either the Tennessee Department of Education, American Printing House for the Blind, or a national repository (if it were ever to be created).
  • No particular format chosen in which file is provided.
  • Gregory says that, to his knowledge, "nobody has ever requested the e-file for anything besides Braille and large print"—and they don't request the file itself, they (the teachers) request the book in Braille.
  • There is a person at the Tennessee School for the Blind who coordinates teacher requests and Braille translation from e-files provided by publishers (if the book doesn't already exist in Braille).


Texas

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new windowTexas Education Code, §31.028b—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).

"The publisher of an adopted textbook shall provide the agency with computerized textbook files for the production of Braille textbooks or other versions of textbooks to be used by students with disabilities, on request of the State Board of Education. A publisher shall arrange computerized textbook files in one of several optional formats specified by the State Board of Education."

Opens new windowTexas Administrative Code (TAC) §66.121c—Law for publishers regarding K–12 students with print disabilities (including and in addition to visual impairments).

"On or before the deadline specified in the schedule for the adoption process, each publisher of newly-adopted instructional materials shall provide computerized files as specified in the proclamation to be used for producing Braille or other versions of materials to be used by students with disabilities. All information contained in adopted instructional materials shall be included on the computerized files. Computerized files may be copied and distributed to a school district, upon request, for instructional use with a student with disabilities who requires the use of computerized instructional materials, pursuant to an individualized plan developed for the student under the Rehabilitation Act, §504; the Americans with Disabilities Act; or the Individuals with Disabilities Education Act."

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.tea.state.tx.us/

Special Education
Opens new windowhttp://www.tea.state.tx.us/special.ed/

Texas Assistive Technology Network
Opens new windowhttp://www.texasat.net/

Texas School for the Blind and Visually Impaired
Opens new windowhttp://www.tsbvi.edu/

Chuck Mayo, Assistant Division Director
Texas Education Agency
charles [dot] mayo [at] tea [dot] state [dot] tx [dot] us
(512) 463-9601

Interview Notes

February–March 2003:

On February 20, 2003 we spoke with Chuck Mayo of the Texas Education Agency (TEA) at (512) 463-9606 (cmayo [at] tea [dot] state [dot] tx [dot] us).

  • Texas was the first state to pass a law requiring publishers to provide e-files.
  • At first, the law aimed for just Braille, but later it was expanded to include modifications, i.e., for dyslexia.

 

On February 27, 2003, we received an email from Chuck Mayo with answers to questions we had submitted to him:

Q: Does your state have an existing or soon-to-take-effect law (or pending bill) pertaining to a state preference for purchasing textbooks from publishers who provide alternative-format versions of their products? If so, when did it or will it take effect? What is the law's/bill's title and is its text available online?

A: Texas Education Code, Section 31.028 (b). [see text above]

Q: Does your state have an existing or soon-to-take-effect law (or pending bill) pertaining to a state requirement of only purchasing textbooks from publishers who provide alternative format versions of their products? If so, when did it or will it take effect? What is the law's/bill's title and is its text available online?

A: Currently, in order to participate in an adoption in Texas, publishers must provide computerized files of adopted print textbooks for production into Braille. Included in each proclamation (call for bids for instructional materials from the publishing industry) is a section on accessibility information for that particular proclamation. In the current proclamation, Proclamation 2001 (state adoption 2003, school implementation 2004–2005), this information includes specifications for producing computerized files for the production of Braille textbooks.
(See Opens new windowhttp://www.tea.state.tx.us/textbooks/proclamations/index.html to view Proclamation 2001 in its entirety.) In future proclamations, Proclamation 2002 (state adoption 2004, school implementation 2005–2006), there are also requirements for producing accessible web-based, CD-ROM, and DVD-based textbooks.

Q: Does your state have an existing or soon-to-take-effect law (or pending bill) providing money for instruction or teachers or students regarding the use of alternative format versions of textbooks? If so, when did it or will it take effect? What is the law's/bill's title and is its text available online?

A: No. Texas does not have an existing or pending law or bill providing money for instruction of teachers or students regarding the use of alternative-format versions of textbooks.

Q: Does your state have an existing or soon-to-take-effect law (or pending bill) establishing a state clearinghouse for accessible versions of textbooks and curriculum materials? If so, when did it or will it take effect? What is the law's/bill's title and is its text available online?

A: Currently, there are no plans for a single state clearinghouse for these materials. Any requests are channeled through the TEA and forwarded to the appropriate Braille producer that houses those materials.

Q: Does the language or proposed language of any laws or bills in your state that pertain to alternative versions of textbooks impact your state's existing Braille laws? If so, in what ways?

A: Currently, there are no laws or bills under consideration in the Texas Legislature that will affect Texas' existing Braille laws.

Q: Is there any thing else about the laws in your state regarding these issues that we should note in a national summary of state accessible materials laws?

A: No.

Q: Finally, we are also interested in the process teachers go through to obtain alternative materials for their students. Whom does a teacher contact initially? Someone at TEA? What requirements exist before alternative formats are released and what is the general time frame? What alternative materials are currently available (text-readers, etc.)? Does TEA obtain the modified materials directly from the publisher? In what format?

A: A teacher contacts their school district's textbook coordinator to order alternative materials. The textbook coordinator will, in turn, place their district's order for Braille or large type materials via the Internet using an automated online system (EMAT). School districts send their orders for audiotape materials directly to Recording for the Blind and Dyslexic.

If a teacher is interested in receiving computerized files, the district notifies the TEA of their need and the agency checks on the availability of the requested files. A letter is sent to the school district superintendent stating copyright guidelines the district is expected to follow. If the superintendent agrees to comply with all of the guidelines, he/she signs the letter and returns it to TEA. TEA then places the orders with the organizations that house the files.

On March 6, 2003, we had a follow-up conversation with Chuck Mayo. The substance of the conversation was as follows:

  • Proclamation 2002 may be altered in format before actual state adoption, especially given the current budget crisis, but accessibility requirements should be okay.
  • Regarding use of language like "requested" (as opposed to requiring publishers to provide electronic format, etc.) "we intend to notify school districts of which publications are accessible, [and] then let school districts decide what they want to adopt."
  • "IMAA is about textbooks, this [proclamation 2002] is more about materials that are already provided electronically."

 

Process

Orders for all textbooks go to the Texas Education Agency (TEA). The 1,200 Texas School Districts send their orders online and [these orders are] categorized by publisher at the centralized TEA site."

Process for alternative materials requests:

Teacher -> School District -> TEA -> Repository (where {currently braille} file is kept), usually in Houston, Dallas, or San Antonio -> School District -> returned to Repository (when finished).

If it's an electronic file, it is really quick—usually only a matter of days, anyway.

Sharing with other states:

"We don't share files with other states. Our general counsel warned us regarding intellectual property concerns. It's not in our interest or the publishers' interests to share with other states."

"We have encouraged our contractors to sell outside our state."


Utah

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new window§53A-25A-105—Law for publishers regarding K–12 blind/visually impaired students only (usually braille and large print only). [note: statute number appears to have changed.]

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.usoe.k12.ut.us/

Special Education
Opens new windowhttp://www.usoe.k12.ut.us/sars/

Vali Ann Kremer, Instructional Materials Specialist
Utah DOE
(801) 538-7783

Pat Beckman, Specialist
Special Education, Utah DOE
(801) 538-7716
pbeckman [at] usoe [dot] k12 [dot] ut [dot] us

Cheralyn Creer, Education Specialist
Students with Severe Disabilities and Vision Impairments, Utah DOE
(801) 538-7576
ccreer [at] usoe [dot] k12 [dot] ut [dot] us

Interview Notes

February 2003:

We spoke with Vali Kremer of the Curriculum and Instruction Division of the Utah Department of Education at (801) 538-7783.

  • Braille Bill in place: §53A-26-111: publishers need to provide texts that are accessible in Braille.
  • Rubrics are in place that Kramer looks at to determine whether or not to adopt textbook. Braille is in the law; in terms of other requirements, some subject matter's rubrics ask that text be accessible for ESL students. No other disabilities listed in law.
  • Kramer says that publishers provide Braille format directly to the school for the deaf and blind and other schools can request materials from them (the school for the deaf and blind). She doesn't deal directly with schools.

 

We also spoke with Cheralyn Creer at (801) 538-7576. She advised us that her office wrote a letter in favor of IMAA, but knows of no state initiatives.


Vermont

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.state.vt.us/educ/
(802) 828-3130 (General directory will lead to Special Education Question Line)

Nancy MacDonald, SPED Consultant
Vermont DOE
(802) 828-5120

Bill Romond
Educational Technology
(802) 828-0064

Interview Notes

April 2003:

We spoke with Nancy MacDonald, SPED Consultant/Vermont DOE, at (802) 828-5120.

  • "I know of no Vermont law re: publisher requirements [for e-files], but school districts are required to get textbooks Brailled [sic]."
  • Other accommodations are up to [individual] school districts.


Virginia

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new window§22.1-241—Law for publishers regarding K–12 blind/visually impaired students only (usually braille and large print only).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.pen.k12.va.us/

Special Education
Opens new windowhttp://www.pen.k12.va.us/VDOE/sess/

John Eisenberg
Office of Special Education Instructional Services
(804) 225-2711
john [dot] eisenberg [at] doe [dot] virginia [dot] gov

Dr. Karen Trump, Director
Virginia Schools for Deaf and Blind
(804) 225-2702
ktrump [at] mail [dot] vak12ed [dot] edu

Interview Notes

June 2003:

As of June 1, 2003, we remained unsuccessful in our attempts to interview representatives and officials in the state of Virginia.


Washington

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide braille).

[Opens new windowRevised Code of Washington (RCW) 28B.10.916—Requirements for publishers supplying instructional materials to institutions of higher education.]

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.k12.wa.us/

Special Education
Opens new windowhttp://www.k12.wa.us/specialed/

Dr. Douglas H. Gill, Director
Special Education Operations
(360) 725-6075
dgill [at] ospi [dot] wednet [dot] edu

Interview Notes

April 2003:

In response to our inquiry, we received a message from Colleen Lines. She called on April 21, 2003. She works for the State School for the Blind, Braille Access Center ((360) 696-6321 ext. 183).

  • There is no law requiring publishers to provide disks.


West Virginia

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

Opens new windowWest Virginia Code (WVC) §18-10J-5—Law for publishers regarding K–12 blind/visually impaired students only (usually braille and large print only). (Includes requirements for publishers of materials for institutions of higher education, as well).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://wvde.state.wv.us/

Special Education
Opens new windowhttp://wvde.state.wv.us/ose/

Textbooks
Opens new windowhttp://wvde.state.wv.us/materials/

Steven McBride, Executive Director
Instructional Materials, West Virginia DOE
(304) 558-2691
smcbride [at] access [dot] k12 [dot] wv [dot] us

Annette Carey
Deaf/Blind Project
(304) 558-2696 ext. 242
acarey [at] access [dot] k12 [dot] wv [dot] us

Elizabeth "Betsy" Scott
Special Education Compliance & Monitoring
(304) 558-2696
ecscott [at] access [dot] k12 [dot] wv [dot] us

Interview Notes

March 2003:

We spoke to Steven McBride, Executive Director, Instructional Materials, West Virginia Department of Education, at (304) 558-2691.

  • There is no pending law re: accessibility and textbooks.
  • The current law is approximately five years old. "Basically we require that the publishers provide ASCII format."
  • "Our state code will have to change in response to IMAA."
  • West Virginia runs a school for the deaf and blind (though students who are deaf and blind also go to public schools throughout the state). The School for the Deaf and Blind houses the [state's] Braille and large print files.
  • Process for acquiring alternative format: School? District? Steve/DOE? West Virginia School for the Deaf and Blind [if they have it]?School. This process takes approximately one week.
  • If West Virginia School for the Deaf & Blind does not have the book, it is problematic, and takes from 3–6 months to go through the Brailling process [sic].
  • "IMAA will speed up the file format process. We are hopeful that digital talking books and other materials unavailable in West Virginia now will become available post-IMAA."


Wisconsin

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.dpi.state.wi.us/

Special Education
Opens new windowhttp://www.dpi.state.wi.us/dpi/dlsea/een/

Wisconsin Assistive Technology Initiative
Opens new windowhttp://www.wati.org/

David Cederstrom, Materials Coordinator
Wisconsin Center for Blind and Visually Impaired
(608) 758-6146
david [dot] cederstrom [at] wcbvi [dot] k12 [dot] wi [dot] us

Interview Notes

April 2003:

We first spoke to David Cederstrom, who referred us to Mark Ricabono, Director of Wisconsin Center for Blind and Visually Impaired at (608) 758-6196.

  • No Wisconsin state law requiring publishers to produce anything.
  • Local control by school districts.
  • Over 400 school districts.
  • No legislation or way to compel publishers.
  • No state-wide series textbook purchasing.


Wyoming

Current Laws | Proposed Laws | Links & Contacts | Interview Notes

Current Laws

No state law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or state DOE may provide Braille).

Proposed Laws

There are no proposed laws at this time.

Links & Contacts

Department of Education
Opens new windowhttp://www.k12.wy.us/

Gary Olson, Supervisor
Services for Visually Impaired
(307) 777-6257
golson [at] educ [dot] state [dot] wy [dot] us

Interview Notes

April 2003:

We spoke with Sara Mofield, Wyoming State Department of Education at (307) 777-6236.

  • There is no state law requiring publishers to provide files. Everything is done at the local level.

 



American Samoa

No law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or DOE may provide Braille).

Department of Education
Opens new windowhttp://www.doe.as/


Bureau of Indian Affairs

No law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or DOE may provide Braille).

Office of Indian Education Programs (OIEP)
Opens new windowhttp://www.oiep.bia.edu/


Department of Defense

No law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or DOE may provide Braille).

Department of Defense Education Agency (DoDEA)
Opens new windowhttp://www.dodea.edu


District of Columbia (Washington, D.C.)

No law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or DOE may provide Braille).

District of Columbia Public Schools
Opens new windowhttp://www.k12.dc.us/dcps/home.html


Guam

No law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or DOE may provide Braille).

Education in Guam
Opens new windowhttp://www.guam.navy.mil/education.htm

Guam Public School System
Opens new windowhttp://www.gdoe.net/

Active-duty military members, and federal employees hired from the U.S. with return rights, may choose to enroll their children in Department of Defense (DoD) Domestic Dependent Elementary and Secondary Schools (DDESS), Guam public schools, private schools, or may choose to homeschool. For information on DDESS visit Opens new windowhttp://www.ddess.org/


Mariana Islands

No law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or DOE may provide Braille).

Commonwealth of the Northern Mariana Islands (CNMI) Public School System
Opens new windowhttp://www.pss.cnmi.mp/PSSCentralOffice/index2.cfm


Marshall Islands

No law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or DOE may provide Braille).

Embassy of the Marshall Islands
Opens new windowhttp://www.rmiembassyus.org


Micronesia

No law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or DOE may provide Braille).

Government of the Federated States of Micronesia
Opens new windowhttp://www.fsmgov.org


Palau

No law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or DOE may provide Braille).

Republic of Palau Ministry of Education
Opens new windowhttp://www.palaumoe.net

Mario Katosang, Minister of Education, Special Education Coordinator
Palau Ministry of Education
(680) 488-2568
spedcor [at] palaunet [dot] com


Puerto Rico

No law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or DOE may provide Braille).

Puerto Rico Department of Education
Opens new windowhttp://www.gobierno.pr/GPRPortal/Inicio/EducacionEInvestigacion/DE.htm
(787) 759-2000


U.S. Virgin Islands

No law for publishers to provide e-files or alternative versions of textbooks to K–12 students with print disabilities (publishers may do so anyway or DOE may provide Braille).

According to its web site, "The United States Virgin Islands Department of Education is an Executive Department of the Government of the Virgin Islands as mandated under Title III and XVII of the Virgin Islands Code. The department is headquartered in St. Thomas and functions as both a local education agency and a state-level agency."

Department of Education
Opens new windowhttp://www.usvi.org/education/index.html


Citation

Cite this page as

Perl, E. S., Gordon, D., & Jude, J. (2006). 2006 U.S. states and territories accessible curriculum survey. Wakefield, MA: National Center on Accessing the General Curriculum. Retrieved [insert date] from http://nimas.cast.org/about/resources/statessurvey.

Last Updated: November 25, 2008