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
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 
State 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
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 Educationhttp://www.alsde.edu/html/
Special Educationhttp://www.alsde.edu/html/sections/section_detail.asp?section=65&menu=sections&footer=sections
Karen Benefield
Alabama DOE, Textbook Department
(334) 242-9718
karenbalsde [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 Educationhttp://www.eed.state.ak.us/
Special Educationhttp://www.eed.state.ak.us/tls/sped/
Arthur Arnold, Director
Special Education
(907) 465-2972
art_arnoldeed [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
§15-731, §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 Legislaturehttp://www.azleg.state.az.us/
Arizona State Department of Educationhttp://www.ade.state.az.us/
Mary Platner
Arizona Council for Exceptional Children
MaryPlatnercox [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 Educationhttp://arkansased.org/
Special Educationhttp://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
Education Code 60061(a)(7), 60061.8—Law for publishers regarding K–12 students with print disabilities (including and in addition to visual impairments).
Education Code 60240—Law for publishers regarding K–12 students with print disabilities (including and in addition to visual impairments).
Education 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 Educationhttp://www.cde.ca.gov/
Special Educationhttp://www.cde.ca.gov/sp/se/
Rod Brawley, Director
Clearinghouse for Special Media and Technology
rbrawleycde [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 Educationhttp://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 Educationhttp://www.state.ct.us/sde/
Special Educationhttp://www.state.ct.us/sde/deps/special/index.htm
Resource Directory for Assistive Technology
http://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
§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 Educationhttp://www.doe.state.de.us/
Special Education Officehttp://www.doe.state.de.us/exceptional_child/ececehome.htm
Delaware Assistive Technology Initiativehttp://www.asel.udel.edu/
(302) 651-6790
Disability links for the state of Delawarehttp://www.doe.state.de.us/exceptional_child/links1.htm
Debra Stover
Education Associate, Reporting
302-739-4583
dstoverdoe [dot] k12 [dot] de [dot] us
Martha Brooks
Curriculum and Instructional Improvement
mbrooksdoe [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
§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 Educationhttp://www.firn.edu/doe/
Special Educationhttp://www.firn.edu/doe/cgi-bin/doehome/menu.pl
Florida Instructional Materials Websitehttp://www.firn.edu/doe/instmat/
Charlie Carraway, Director
Florida DOE, Instructional Materials Program Specialist
(850) 245-0881
charlie [dot] carrawayfldoe [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., http://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
§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."
HB 228 (previously HB 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 Educationhttp://www.doe.k12.ga.us/index.asp
Georgia Instructional Material Centerhttp://www.gimc.org/
Georgia Learning Resources Systemhttp://www.glrs.org/
Kim Hartsell, Project Director
Georgia DOE, Georgia Project for Assistive Technology
khartseldoe [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
§302A-442.5(b) (aka Act 193)—Law for publishers regarding K–12 blind/visually impaired students only (usually Braille and large print only).
[§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 Educationhttp://doe.k12.hi.us/
Special Educationhttp://doe.k12.hi.us/specialeducation/http://www.sped.k12.hi.us/
Assistive Technologyhttp://www.teleschool.k12.hi.us/hoat/resource.html
Hawaii Center for the Deaf and Blindhttp://www.hcdb.k12.hi.us/
Disability and Communication Access Boardhttp://www.state.hi.us/health/dcab/
Univsersity of Hawaii Center on Disability Studieshttp://www.cds.hawaii.edu/
Francine Wai, Executive Director
Disability and Communication Access Board
accesshialoha [dot] net
(808) 586-8121
Kathy Ratliffe
University of Hawaii Center on Disability Studies
ratliffehawaii [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; dljacksomail [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
§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 Educationhttp://www.sde.state.id.us/Dept/
Dan Prinzing
Idaho DOE
(208) 332-6974
dprinzingsde [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 Projecthttp://www.iltech.org/
Special Education Assistive Technology Center at Illinois Statehttp://www.coe.ilstu.edu/seat/
Department of Educationhttp://www.isbe.state.il.us/
Special Educationhttp://www.isbe.state.il.us/spec-ed/default.htm
Frank Hanselman, Principal Consultant
Textbook Division, Illinois Department of Education
f [dot] hanselmanisbe [dot] net
(217) 782-0734
Wilhelmina Gunther, Executive Director
Illinois Assistive Technology Project
wguntheriltech [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
Indiana 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 Educationhttp://doe.state.in.us/
Special Educationhttp://doe.state.in.us/exceptional/speced/welcome.html
Indiana Assistive Technology Initiativehttp://www.patinsproject.com/
Paul Ash, Assistant Director
Indiana DOE, Division of Exceptional Students
(317) 232-0585
pashdoe [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
§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 Educationhttp://www.state.ia.us/educate/
Richard Hanzelka, Executive Director
Iowa Association for Supervision and Curriculum Development
(563) 333-6000
rhanzelkamchsi [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 Educationhttp://www.ksbe.state.ks.us/Welcome.html
Special Educationhttp://www.kansped.org/
Kansas State School for the Blindhttp://www.kssb.net
Neurological Disability Support Projecthttp://www.ksndsp.org/
Kansas Instructional Resource Centerhttp://www.kirc.org
Jackie Dink, Director
Kansas Instructional Resource Center
(913) 281-3308 ext. 417
kirckssb [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
§156.027—Law for publishers regarding K–12 students with print disabilities (including and in addition to visual impairments).
§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.
704 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 Educationhttp://www.kde.state.ky.us/
Special Educationhttp://www.kentuckyschools.net/KDE/Instructional+Resources/Student+and+Family+Support/Exceptional+Children/default.htm
Kentucky DOE Textbooks and Instructional Resourceshttp://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] simmermaneducation [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] Noblemail [dot] state [dot] ky [dot] us, (502) 327-0022 ext. 268 (interview #2).
Louisiana
Current Laws | Proposed Laws | Links & Contacts | Interview Notes
Current Laws
Revised 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 Educationhttp://www.doe.state.la.us/DOE/asps/home.asp
Special Educationhttp://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] Coupella [dot] gov
Interview Notes
April 2003:
We spoke with Mickey Pounders at (225) 342-6200 (mpoundersdoe [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 Educationhttp://www.state.me.us/education/
Special Educationhttp://www.state.me.us/education/speced/specserv.htm
Maine Consumer Information Technology Exchange (CITE)http://www.mainecite.org
Maine Educational Center for Assistive Technology and Software (MECATS)
MECATS is now ALLTechhttp://www.alltech-tsi.org/
Kathy Powers, Director
Maine CITE
(207) 621-3195
kpowersdoe [dot] k12 [dot] me [dot] us
David Stockford, Director
Maine DOE, Special Services
David [dot] Stockfordmaine [dot] gov
207-621-6650
Interview Notes
April 2003:
We spoke with Kathy Powers, Division of Assistive Technology, Maine DOE, at (207) 621-3195 (kpowersdoe [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
§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."
[Code of Maryland Regulations (COMAR) 13A.05.02.13H, §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 Educationhttp://www.msde.state.md.us/
Special Educationhttp://www.marylandpublicschools.org/MSDE/divisions/earlyinterv/
Maryland School for the Blind
(410) 444-5000http://www.mdschblind.org
Robb Farrell, Director
Maryland Instructional Resource Center
(410) 319-5715
robbfmdschblind [dot] org
Interview Notes
February 2003:
We spoke with Robb Farrell of the Maryland School for the Blind at (410) 319 5715 (robbfmdscblind [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).
[Mass. 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 Educationhttp://www.doe.mass.edu/
Special Educationhttp://www.doe.mass.edu/sped/
Carrie Brasier, Director
Massachusetts Vision Resources Library
(800) 827-7772
Marylyn Howe, Project Director
Massachusetts Assistive Technology Partnership
mhowematp [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
Michigan 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).
[MCL 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 Educationhttp://www.michigan.gov/mde
Special Educationhttp://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
easlickCmichigan [dot] gov
Joanne Winkelman
Office of SPED, Michigan Department of Education
517 373-1696
winkelmanjmichigan [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 (EaslickCmichigan [dot] gov).
On March 24, 2003 we spoke with Joanne Winkelman, Office of SPED, Michigan Department of Education at (517) 373-1696 (winkelmanjmichigan [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 Educationhttp://children.state.mn.us/
Jean Martin, Director/State Specialist
Resource Center, Deaf/Blind Project
(507) 332-5510
jean [dot] martinstate [dot] mn [dot] us
Cathy Lyle, Deaf/Blind Education Consultant
Minnesota Deaf/Blind Project
cathy [dot] lyledbproject [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 Educationhttp://www.mde.k12.ms.us/
Special Educationhttp://www.mde.k12.ms.us/special_education/
Textbook Publishers and Publisher Representativeshttp://www.mde.k12.ms.us/textbook/publishers.html
Kevin Clinard, Director of Instructional Resources
Mississippi School for the Blind
(601) 984-8207
kclinardmde [dot] k12 [dot] ms [dot] us
Kim Esco-Collins, Director
Textbook Adoption Office
(601) 354-7543
KEscomde [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 (kclinardmde [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
Missouri 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 Educationhttp://www.dese.mo.gov
Special Educationhttp://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 http://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 Educationhttp://www.opi.state.mt.us/OPISiteMap.html
Special Educationhttp://www.opi.state.mt.us/SpecED/Index.html
Marilyn Pearson, Assistant Director of Special Education
Montana DOE
(406) 444-4428
mpearsonmt [dot] gov
Francisco Roman
Services to Students with Deaf-Blindness, Monitoring
(406) 444-4426
fromanmt [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
§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 Educationhttp://www.nde.state.ne.us/
Special Educationhttp://www.nde.state.ne.us/SPED/sped.html
Nebraska Assistive Technology Partnershiphttp://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] schultzatp [dot] ne [dot] gov
Interview Notes
April 2003:
We spoke with Teresa Coonts at (402) 595-1810 (tcoontsesu3 [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 Educationhttp://www.doe.nv.gov/
Bill Strader
Textbook Adoption
Library/Learning Resources
(775) 687-9141
stradernsn [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 Educationhttp://www.ed.state.nh.us/
Special Educationhttp://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 Educationhttp://www.state.nj.us/education/
Special Educationhttp://www.nj.gov/njded/specialed/
New Jersey Protection and Advocacy, Inc.http://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 Legislaturehttp://legis.state.nm.us/
Department of Educationhttp://www.sde.state.nm.us
Karen Courtney Peterson, Assistive Technologist
kcourtneystate [dot] nm [dot] us
(505) 954-8561
Interview Notes
February 2003:
We spoke with Bill Newroe, an Assistive Technologist with the state DOE (wnewroestate [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
Chapter 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 Educationhttp://www.nysed.gov/
Special Educationhttp://www.vesid.nysed.gov/specialed/
Textbook Legislationhttp://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
dryanmail [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 (dryanmail [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). [§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 Educationhttp://www.ncpublicschools.org/
Special Educationhttp://www.ncpublicschools.org/ec/
Textbook Adoption Homepagehttp://www.ncpublicschools.org/textbook/
Tom Winton
Visual Impairments and Assistive Technology
(919) 807-3988
twintondpi [dot] state [dot] nc [dot] us
Dr. Wandra Polk
Textbook Adoption
(919) 807-3816
wpolkdpi [dot] state [dot] nc [dot] us
Interview Notes
April 2003:
We spoke with Ms. Oris Jones at (919) 807 3819.
- She is in charge of textbook adoption but was unaware of specific laws and pointed me to the following web site:http://www.ncpublicschools.org/textbook/publishers.html
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 t