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The Intersection of Special Education and New PreK-12 Digital Accessibility Requirements

The pairing of the Individuals with Disabilities Education Act (IDEA) with the new ADA Title II final rule opens a fresh opportunity for education leaders to improve coordination between general and special education. Join this webinar to learn how these two distinct laws work – together and separately - to improve accessibility of digital educational materials provided in schools. Come to a coaching session later in the week for an interactive Q&A and collaboration with other educators who want to leverage the intersection of these laws. We highly recommend attending or watching the recording of Part 1, Act Now: Understanding New PreK-12 Digital Accessibility Requirements, as a prerequisite.

Presenters

Cynthia Curry, Project Director
Jena Fahlbush, Technical Assistance Specialist

Video and Slides

Summary of Q&A Discussion

If the digital version of a textbook is inaccessible but the publisher provides a NIMAS file, is that considered a conforming alternate version?

Technically, no. But a NIMAS file of an inaccessible digital textbook can be used to create an accessible format of that textbook. To further clarify, a NIMAS source file of a material, whether that material originated as print or digital, is not in a student ready format. Rather, NIMAS files are developed using Extensible Markup Language (XML) and used to create accessible formats, such as braille, large print, and digital text materials that conform to accessibility standards.

Are there any new or major changes for higher education institutions and AEM or are requirements specific to LEAs and SEAs?

The final rule of Title II of the ADA applies to all state and local government entities, including K-12 public schools, colleges, and universities.

The IDEA, and therefore the requirements related to NIMAS and NIMAC, applies only to elementary and secondary education.

Resources

Calls to Action

Accessible Materials in the IEP

Does your IEP form or guidance include consideration of accessible materials?

It’s crucial to remember that whether your state or district’s Individualized Education Program (IEP) form or guidance explicitly references accessible materials, IDEA mandates that students with disabilities receive a free appropriate public education (FAPE), which includes timely access to accessible materials.

Review your state or district’s IEP form and/or guidance for specific references to accessible materials. Then consult SEA Examples of Including Accessible Materials in the IEP to learn how some states address a student’s need for accessible materials in their IEP and/or guidance resources.

If you notice that your state or district’s IEP documentation does not specifically address accessible materials or that guidance could be strengthened, refer to a brief published by the formerly OSEP-funded National AEM Center, Accessible Educational Materials in the IEP. This resource can help you identify potential locations in the IEP where the need for accessible materials could be documented along with sample language.

Advocate for improving clarity around accessible materials in your state or district’s IEP documentation. Schedule a time to collaborate with members of IEP teams to discuss the importance of explicitly documenting the need for accessible materials throughout the IEP. Consider establishing a team that will create a guide for walking IEP teams through the accessible materials consideration and documentation process. Remember to include considerations for any assistive technology (AT) that may be required for accessing the accessible materials.

NIMAS in Procurement Language

Do your agency’s contracts or purchase orders with publishers include guidance regarding NIMAS and the NIMAC?

The policy brief, NIMAS & NIMAC: What SEAs and LEAs Need to Know, is an excellent resource for understanding the National Instructional Materials Accessibility Standard (NIMAS) and the National Instructional Materials Access Center (NIMAC). Both NIMAS and NIMAC are provisions of IDEA to help states and school districts improve the provision of accessible formats of print and certain digital instructional materials for eligible students with disabilities.

As explained in the brief, the NIMAC currently works with all 50 states and territories. If you work for a state educational agency (SEA) that enters into contracts with publishers, the related contract or purchase order documents should contain NIMAS-specific guidance. Refer to the sample language in the brief and, if your SEA has contracts with publishers, cross-check those to confirm related language is included.

If you work for a school district, also known as a local educational agency (LEA), look for this same language in contracts or purchase orders with publishers. If it’s there, your district has opted into working with the NIMAC as explained in the brief. This means eligible students in your district have access to many more sources of accessible formats than if your district does not opt into the NIMAC.

If you don’t find NIMAS-specific language in your agency’s contracts or purchase orders, contact your special education leaders. Here’s a sample email you can use:

Sample Email (Copy and Paste):

Dear [Name(s)]:

I recently came across a policy brief, NIMAS & NIMAC: What SEAs and LEAs Need to Know, and learned that opting into the NIMAC improves access to accessible formats of print and certain digital instructional materials for eligible students in our [state/district].

After reading the brief, I looked to see if our contracts or purchase orders with publishers include the necessary NIMAS-specific language. Not seeing it, I wanted to follow up to find out what we should do to make sure our students who are eligible under IDEA benefit from the NIMAC.

Please let me know when you’re available to talk about this.

Sincerely,

[Your Name and email signature]

More to the Myths and Facts

Want to know about the role of accessible materials in the 2024 guidance from the U.S. Department of Education, Myths and Facts Surrounding Assistive Technology Devices and Services?

Simply referred to as the “Myths and Facts” document, the 2024 guidance explains the obligations of states and school districts to provide assistive technology (AT) and related services for students with IEPs. If you’ve read the “Myths and Facts,” you may be wondering how accessible materials tie into the guidance. That’s where “More to the Myths and Facts” comes in: More to the Myths and Facts: Addressing Accessible Educational Materials in the 2024 Assistive Technology Guidance.

Share “More to the Myths and Facts” with a group of colleagues and reflect on your current practices. Use the following questions to guide a shared reading discussion:

How does the definition of “accessible educational materials (AEM)" help clarify the consideration of accessible materials in the IEP development process?
To what extent is our agency ensuring that digital materials chosen for the general education curriculum are accessible from the beginning? Who can we consult to learn more about accessibility requirements in our agency’s curriculum adoption process?
How consistent are we in the consideration of both AT and accessible materials in the IEP development process? When we discuss a student’s need for AT, do we then raise questions about the accessibility of the materials provided to the student? If we lack consistency, what can we do to improve how we document a student’s need for accessible materials?
When we provide accessible formats for students who need them, do we also provide sufficient support and training for them, their parents, and their teachers?

Contact NCADEMI with questions if we can help your team process the guidance provided in the “More to the Myths and Facts” document. Our email address and phone number (voice and text) are provided in the footer of every page of our website, as well as on the title page of our publications.