Comparing the Treatment of Instructional Materials in the Individuals with Disabilities Education Act as amended in 1997 and the Individuals with Disabilities Education Improvement Act of 2004

Narrative version of table

Narrative Version of Table Comparing the Treatment of Instructional Materials in the Individuals with Disabilities Education Act as amended in 1997 and the Individuals with Disabilities Education Improvement Act of 2004

IDEA 1997

Section612(a)(23): There are no similar provisions in the 1997 law although many state statutes require publishers to provide electronic copies of textbooks upon request, the format of these electronic files varies

IDEA 2004

Section612(a)(23): The State adopts the National Instructional Materials Accessibility Standard for the purposes of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner after the publication of the National Instructional Materials Accessibility Standard in the Federal Register.

Nothing in this paragraph shall be construed to require any State educational agency to coordinate with the National Instructional Materials Access Center. If a State educational agency chooses not to coordinate with the National Instructional Materials Access Center, such agency shall provide an assurance to the Secretary that the agency will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

If a State educational agency chooses to coordinate with the National Instructional Materials Access Center, not later than 2 years after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2004, the agency, as part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, shall enter into a written contract with the publisher of the print instructional materials to--

• require the publisher to prepare and, on or before delivery of the print instructional materials, provide to the National Instructional Materials Access Center electronic files containing the contents of the print instructional materials using the National Instructional Materials Accessibility Standard; or
  
  
• purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats.

In carrying out this paragraph, the State educational agency, to the maximum extent possible, shall work collaboratively with the State agency responsible for assistive technology programs.

Sec. 306(c)(4)

Specialized formats means

• braille, audio, or digital text which is exclusively for use by blind or other persons with disabilities; and
  
  
• with respect to print instructional materials, includes large print formats when such materials are distributed exclusively for use by blind or other persons with disabilities.'

IDEA 1997

613(a)(6)(A) and (B): No similar provision in IDEA 1997

IDEA 2004

613(a)(6)(A) and (B): Not later than 2 years after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2004, a local educational agency that chooses to coordinate with the National Instructional Materials Access Center, when purchasing print instructional materials, shall acquire the print instructional materials in the same manner and subject to the same conditions as a State educational agency.

Nothing in this paragraph shall be construed to require a local educational agency to coordinate with the National Instructional Materials Access Center. If a local educational agency chooses not to coordinate with the National Instructional Materials Access Center, the local educational agency shall provide an assurance to the State educational agency that the local educational agency will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

IDEA 1997

Sec. 674(c)(4): Funding will be provided for the provision of instructional materials including textbooks in accessible formats for blind and print disabled students in elementary, secondary and post-secondary, and graduate schools.

IDEA 2004

Sec. 674(d)(2) and (e): For the purpose of an application for an award such eligible entity shall--

• be a national, nonprofit entity with a proven track record of meeting the needs of students with print disabilities;
  
  
• have the capacity to produce, maintain, and distribute in a timely fashion, up-to-date textbooks in digital audio formats to qualified students; and
  
  
• have a demonstrated ability to significantly leverage Federal funds through other public and private contributions, as well as through the expansive use of volunteers.

The Secretary shall establish and support, through the American Printing House for the Blind, a center to be known as the "National Instructional Materials Access Center" not later than 1 year after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2004.

The duties of the National Instructional Materials Access Center are the following:

• To receive and maintain a catalog of print instructional materials prepared in the National Instructional Materials Accessibility Standard, as established by the Secretary, made available to such center by the textbook publishing industry, State educational agencies, and local educational agencies.
  
  
• To provide access to print instructional materials, including textbooks, in accessible media, free of charge, to blind or other persons with print disabilities in elementary schools and secondary schools, in accordance with such terms and procedures as the National Instructional Materials Access Center may prescribe.
  
  
• To develop, adopt and publish procedures to protect against copyright infringement, with respect to the print instructional materials.

The term

• "blind or other persons with print disabilities" means children served under this Act and who may qualify in accordance with the Act entitled "An Act to provide books for the adult blind', to receive books and other publications produced in specialized formats.
  
  
• "National Instructional Materials Accessibility Standard" means the standard established by the Secretary to be used in the preparation of electronic files suitable and used solely for efficient conversion into specialized formats.
  
  
• "print instructional materials" means printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a State educational agency or local educational agency for use by students in the classroom.

This subsection shall apply to print instructional materials published after the date on which the final rule establishing the National Instructional Materials Accessibility Standard was published in the Federal Register.

Nothing in this subsection shall be construed to establish a private right of action against the Secretary for failure to provide instructional materials directly, or for failure by the National Instructional Materials Access Center to perform the duties of such center, or to otherwise authorize a private right of action related to the performance by such center, including through the application of the rights of children and parents established under this Act.