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Connecticut Assistive Technology Guidelines - Section 1: For Ages 3-22


Accessible Educational Materials


Chapter contents

Accessible Educational Materials

Accessible educational materials, or AEM, are print- and technology-based educational materials, including printed and electronic textbooks and related core materials that are designed or enhanced in a way that makes them usable across the widest range of learner variability, regardless of format (e.g., print, digital, graphic, audio, video). AEM also includes materials and technologies usable for learning across the widest range of individual variability, regardless of format or features. Whether material or technology is designed from the start to be accessible for all learners or is made accessible for learners with disabilities, it is considered AEM (aem.cast.org).

Examples of AEM include a) printed materials in accessible formats and b) accessible digital materials and technologies. Printed materials, such as textbooks, manuals, workbooks, paper assessments, and handouts, may be converted to make them accessible to learners with disabilities who struggle with reading or have a reading disability. The IDEA specifically focuses on accessible formats of printed instructional materials and includes the timely provision of accessible formats to students who need them. The four accessible formats included in the IDEA are braille, large print, audio, and digital text (aem.cast.org).

In order to ensure that educational materials in accessible formats are provided in a timely manner in Connecticut, all reasonable efforts will be made by the local education agency (LEA) to ensure that accessible educational materials (AEM) are provided to children with disabilities who need accessible formats of educational materials at the same time as other children receiving their educational materials.  

Digital materials and technologies are considered to be accessible when they can be used by anyone, including people with disabilities, with ease. From the start, materials are designed so that they can be directly used without assistive technology or made usable with assistive technology (adapted from AccessibleTech.org). Digital materials, such as websites, ebooks, podcasts, and videos, are media-rich sources of course/content, meaning that they may include text, audio, video, graphics, and require interaction. Technologies include any hardware devices or software programs that provide learners with access to the content contained in digital materials. In other words, technology can be both the learning materials and the systems that deliver them. Web-based applications, social media, video players, simulation programs, adaptive learning platforms, learning management systems, tablets, smartphones, and computer stations are all examples of technology-based delivery systems (aem.cast.org).

Recent Changes in Copyright Law and Potential Implications

In October 2018, the president signed the Marrakesh Treaty Implementation Act (MTIA), which amends section 121 of the Copyright Act, 17 U.S.C. §121. There are two changes to 17 U.S.C. §121 that impact the provisions regarding accessible instructional materials in IDEA section 612(a)(23), 20 U.S.C. §1412(a)(23) and 34 C.F.R. §300.172 of IDEA Part B regulations. 

In the Further Consolidated Appropriations Act, 2020, Congress amended the 1931 Act to Provide Books for the Adult Blind (2 U.S.C. §135a) to incorporate the definitions found in 17 U.S.C. §121. As a result of MTIA and changes made by the Further Consolidated Appropriations Act, 2020, the following information will be used/replaced/referenced for guidance related to AEM. 

The Library of Congress is developing procedures for implementing these changes. Additionally, the term “accessible formats” replaces “specialized formats,” and the terms “eligible person” and “accessible formats” are now used in relation to the National Instructional Materials Accessibility Standard (NIMAS) provisions of IDEA. 

Changes to Definition of ‘Blind Persons or Other Persons with Print Disabilities’

IDEA defines the term “blind or other persons with print disabilities” in 20 U.S.C. §1412(a)(23)(E)(i). The IDEA Part B regulation at 34 C.F.R. § 300.172(e)(1)(i) incorporates the IDEA statutory definition. The term “blind persons or other persons with print disabilities” has been removed from the Copyright Act and replaced with the term “eligible person.” "Eligible person" means an individual who, regardless of any other disability—

(A) is blind;

(B) has a visual impairment or perceptual or reading disability that cannot be improved to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is unable to read printed works to substantially the same degree as a person without an impairment or disability; or

(C) is otherwise unable, through physical disability, to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading.” 17 U.S.C. § 121(d)(3).

Changes to Definition of ‘Specialized Formats’

The term “specialized formats” is defined in the IDEA at 20 U.S.C. § 1412(a)(23)(E)(iii), and IDEA’s definition cross-references the Copyright Act. The IDEA Part B regulations at 34 C.F.R. § 300.172(e)(1)(iv) also incorporate this IDEA statutory definition. As a result of changes made to the Copyright Act, 17 U.S.C. § 121, the term “specialized formats” has also been removed and replaced with the term “accessible format.” “Accessible format" means an alternative manner or form that gives an eligible person access to the work when the copy or phonorecord in the accessible format is used exclusively by the eligible person to permit him or her to have access as feasibly and comfortably as a person without such disability as described in paragraph (3).” 17 U.S.C. § 121(d)(1).

National Instructional Materials Accessibility Standard (NIMAS)

NIMAS is a technical standard used by publishers to produce source files (in XML) that may be used to develop multiple specialized formats (such as braille or audio books) for students with print disabilities. The source files are prepared using eXtensible Mark-up Language (XML) to mark up the structure of the original content and provide a means for presenting the content in a variety of ways and styles. For example, once a NIMAS fileset has been produced, the XML and image source files may be used not only for printed materials but also to create braille, large print, HTML, Digital Accessible Information System (DAISY) talking books using human voice or text-to-speech, audio files derived from text-to-speech transformations, and more. Get more information on NIMAS.

Students Who Qualify to Receive NIMAS-Derived Files through the NIMAC

NIMAS is a technical standard used by publishers to produce source files (in XML) that may be used to develop multiple specialized formats (such as braille or audiobooks) for students with print disabilities. The source files are prepared using eXtensible Mark-up Language (XML) to mark up the structure of the original content and provide a means for presenting the content in a variety of ways and styles. For example, once a NIMAS fileset has been produced, the XML and image source files may be used not only for printed materials, but also to create braille, large print, HTML, DAISY talking books using human voice or text-to-speech, audio files derived from text-to-speech transformations, and more. Read more about NIMAS.

Students Who Qualify to Receive NIMAS-Derived Files through the National Instructional Accessible Materials Center (NIMAC)

The National Instructional Accessible Materials Center (NIMAC) is the center established in section 674(e) of the Act, through the American Printing House for the Blind (APH), not later than one year after the date of enactment of IDEA. NIMAC is a federally funded, searchable online file repository of K-12 print textbooks in the XML-based NIMAS format. NIMAC's duties are:

  • To receive and maintain a catalog of print instructional materials prepared in the NIMAS, as established by the Secretary, made available to such center by the textbook publishing industry, state educational agencies (SEAs), and local educational agencies (LEAs).
  • 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 NIMAC may prescribe.
  • To develop, adopt and publish procedures to protect against copyright infringement, with respect to the print instructional materials provided in sections 612(a)(23) and 613(a)(6) of the Act. [34 CFR 300.172(e)(1)(ii)] [20 U.S.C. 1474(e)(2)(A), (B), (C)]

Under IDEA, in order for students to be eligible for NIMAS-derived materials through the NIMAC, they must: (1) be receiving special education services under IDEA and (2) meet the qualification criteria of the National Library Service for the Blind and Print Disabled (NLS) statute. As part of the recent update to the NLS statute, Congress revised the NLS qualification language to include the new term “eligible person,” defined in the MTIA as:

(A)n individual who, regardless of any other disability—

(A) is blind;

(B) has a visual impairment or perceptual or reading disability that cannot be improved to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is unable to read printed works to substantially the same degree as a person without an impairment or disability; or

(C) is otherwise unable, through physical disability, to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading.

The revised NLS statute also states that the Library of Congress will be publishing regulations that will “include procedures that shall be used by an individual to establish that the individual is an eligible person.” These regulations will identify the process for determining whether a student falls under one of the above disability categories for the purpose of receiving NIMAS-derived materials.

“Accessible Formats” is now used to describe the types of formats that may be developed from NIMAS file sets. The MTIA amendments to section 121 also replaced the term “specialized formats” with the term “accessible formats,” which is defined as:

[A]n alternative manner or form that gives an eligible person access to work when the copy or phonorecord in the accessible format is used exclusively by the eligible person to permit him or her to have access as feasibly and comfortably as a person without such a disability.

The NIMAS provisions of IDEA reference section 121 in describing the types of formats that may be developed from NIMAS file sets. Therefore, going forward, the term “accessible formats” should be used in relation to the NIMAS. While the previous term “specialized formats” had identified four specific alternative media – namely, braille, audio, digital text, and large print – the new term “accessible formats” is a more inclusive and functional term that focuses on the experience of the user, emphasizing that an alternative format enables the eligible person to have access to the work “as feasibly and comfortably as a person without such disability.” If a student’s disability impacts the student’s ability to read, the LEA is still required to provide services.

Competent Authority

A competent authority, as defined by Public Law 89-522, which governs the program, must confirm applicants as eligible for the free braille and talking book service.

The IDEA does not require documentation by medical personnel to identify a child/student as having a disability and a need for specialized instruction and related services. In Connecticut, all members of the PPT participate equally in the decision-making process to determine the specific educational needs of a child with a disability and develop an IEP for the child (Section 10-76a-1(14). 

The PPT, cooperating with other qualified professionals as needed, is responsible for the identification of children requiring special education and related services based on the results of an evaluation, sufficiently comprehensive to identify all of the child’s special education and related service needs. If a student is identified as having a print-related disability (e.g., blindness, visual impairment, physical limitations, and specific learning disability in reading), which impacts the student’s ability to access the general curriculum, then the PPT may determine, as the competent authority, that the student qualifies to receive AEM produced in accessible formats as delineated on the IEP through an accessible media producer and/or the NIMAC.

The NIMAS Process in Connecticut

The process begins when a school district orders new textbooks. When a district submits its textbook orders, it will need to include language in the contract requiring textbook publishing companies to create NIMAS file sets of their textbook.

Therefore, any print instructional materials adoption process, procurement contract or other practice, or the instrument used for the purchase of print instructional/educational materials with the LEA when entering into a written contract with the publisher of the print instructional materials will:

  1. Purchase instructional/educational materials from the publisher that are produced in, or may be rendered in, accessible formats.
  2. Require the publisher to prepare and, on or before delivery of the print instructional materials, provide to the NIMAC, electronic files containing the contents of the print instructional materials using the NIMAS standard.

The following is suggested purchase order language to be used by the LEA when purchasing textbooks:

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

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

Acquisition of AEM

The current definition of AEM evolved to include both print- and tech-based materials. When procuring digital materials, educators can a) ensure accessibility is considered in all purchasing decisions for digital materials, b) review and follow guidelines for SEA and LEA purchasing agents, and c) agree to follow the Purchase Accessible Learning Materials (PALM) Initiative.

Federal funding also supports programs that are designed to help provide electronic text in flexible formats that meet the needs of diverse learners. This section will examine the resources available for free to students with print disabilities through Bookshare, an online library of e-text resources; Learning Ally, a library of audio resources; and the National Library Services for the Blind and Dyslexic. Teams can refer to the AEM Navigator for assistance to determine accessible instruction media needs.

Bookshare

Bookshare is an extensive collection of educational and popular titles, specialized book formats, and reading tools, and it offers individuals who cannot read standard print materials the same ease of access that people without disabilities enjoy. In 2007 and 2012, Bookshare received two five-year awards from the U.S. Department of Education, Office of Special Education Programs (OSEP), to provide free access for all United States students with a qualifying print disability.

The Bookshare library has 860,537 titles and is the most extensive collection of accessible ebooks in the world. It includes books for school, career, and reading pleasure, as well as titles in over 34 languages. The collection is supported by a dedicated volunteer community and partnerships with over 820 United States and international publishers. Benetech, the parent company of Bookshare, also partners with libraries such as the New York Public Library to bring accessible content to individuals with qualified disabilities. Bookshare offers digital books produced from NIMAS source files and delivers them to students in the BRF (Braille Ready File) and DAISY (Digital Accessibility Information System) standard for Digital Talking Books. School districts create an organizational membership in which they identify sponsors (faculty and staff eligible to download books through the organizational account) and members (students who are print disabled and thus able to access materials through Bookshare).

Membership procedures and qualifications for print disability can be found on the Bookshare website.

Please note that not all students who qualify for special education or 504 services qualify for Bookshare membership. Once a student is a member through the school’s account, the student can receive a free home membership by completing the forms available on the website. Besides providing access to the instructional materials made available through the NIMAS files, Bookshare provides an electronic library of over 860,537 books, newspapers, and magazines (www.bookshare.org).

Learning Ally

Learning Ally, formerly Recordings for the Blind and Dyslexic (RFB&D), a nonprofit volunteer organization, is the nation’s largest educational lending library serving people who cannot effectively read standard print because of visual impairment, dyslexia, or other physical disability. Learning Ally boasts the largest collection of accessible textbooks and educational materials. Learning Ally’s format differs from the digital talking books available through Bookshare: Learning Ally files are audio files only and do not include a representation of the printed word.

Memberships to Learning Ally are available for individuals, families, and schools. If an individual has been certified as having a print disability through Bookshare, that certification meets the requirements for membership through Learning Ally. Audio files available through Learning Ally may be recorded narration, in the case of literature or pre-NIMAS text and educational materials. Materials produced from DAISY file sets use synthesized speech. The navigable DAISY format files do contain audio descriptions of the illustrations, charts, graphs, etc., contained in the print version of the materials.

As of this printing, Learning Ally files can be obtained in four distinct audiobook formats: Downloadable DAISY AudioPlus, DAISY CD AudioPlus, Windows Media Audio Downloadable Audio Access, and a Learning Ally app for the iPad that is available from iTunes. In order to access either of the DAISY formats, an additional purchase of specialized DAISY hardware and/or software is required.

National Library Services for the Blind and Physically Handicapped (NLS)

NLS is a free program designed to provide Braille and audio materials to persons with qualifying disabilities who are residents of the United States. Individuals eligible for NLS services include those whose visual acuity is 20/200 in the better eye with corrective lenses, whose visual field has an angular distance of no greater than 20 degrees, whose physical disability prevents accessing standard print materials, or whose reading disability resulted from organic dysfunction.

The NLS Catalog contains more than 281,000 book records, of which more than 74,000 are braille books and braille music scores and 207,000 are talking books. Materials from the NLS are available via braille and reading download (BARD) and BARD mobile apps. BARD, a free online service, provides access to thousands of special-format books, magazines, and music materials.

The same materials that are offered on digital cartridges and Braille are also available for download in compressed digital audio and eBraille formats. The password-protected service is operated as a partnership between NLS and its network of cooperating libraries. Readers with a personal iPhone, iPad, or iPod touch can download and read audio and eBraille materials with the BARD iOS Mobile app.

A refreshable Braille display with a Bluetooth connection is required to access eBraille materials. Readers using Android devices, including the Amazon Kindle Fire, may use the BARD Mobile app for Android to access BARD’s audio materials. BARD Express provides NLS patrons with a simplified way to access BARD on Windows-based computers and transfer books and magazines to an NLS cartridge or USB drive.

In addition, patrons can borrow playback equipment free of charge for use with talking books and magazines. Players are available in two models (standard and advanced), provide high-quality sound, offer variable speed controls, and have built-in audio instructions. The advanced player also enables bookmarking and navigation, allowing readers to skip to different parts of a book. Accessories for the players include lightweight headphones, adapters to facilitate the use of commercial USB flash drives, and a breath switch (switch activated by pressure changes by soft and hard sips and puffs into a mouth tube). Readers with significant hearing loss may request a high-volume player and headphones.

Matching Features to Student Needs

As with all AT, it is important to match the student’s needs with the features available from the resources discussed. For example, a student who has difficulty paying attention may need the visual presentation of the text with highlighting as it is read, whereas a student with significant visual impairment may rely solely on the audio output to access the material.

Another aspect of accessibility and feature match is the portability of the materials in the accessible formats. A variety of commercially available devices, such as the Intel Reader and Classmate from Humanware, allow for portable options to access Bookshare, Learning Ally, and DAISY files. And the WMA (Windows Media Audio) files can be played on MP3 players that have Digital Rights Management to play the encrypted files.

Looking to the Future

The technological applications (“apps”), with their universal design for learning (UDL) potential, are rapidly advancing. This holds with it the promise of the use of mainstream tools, such as the iPad and iPod, as well as electronic readers such as the Kindle and Nook, for accessing print materials for all learners with the advancement of technology.

The future holds the promise of UDL for tools to assist with the learning of all students. Access to AT will enable students with disabilities to participate and make progress in general education and be college and career-ready. It will allow them to become as independent as possible, making a lasting difference in their own lives, freeing them to move forward with fewer boundaries, and providing a gateway to greater opportunity.