14 Del. Admin. Code § 923-72.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 923-72.0 - Access to Instructional Materials

72.1 General: The DOE adopts the National Instructional Materials Accessibility Standard (NIMAS) for the purposes of providing instructional materials to blind persons or other persons with print disabilities.

72.1.1 Rights and responsibilities: The DOE shall coordinate with the National Instructional Materials Access Center (NIMAC) to provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

72.1.2 Children with disabilities who need instructional materials in accessible formats, but are not included under the definition of blind or other persons with print disabilities in subsection 72.4, or who need materials that cannot be produced from NIMAS files, shall receive those instructional materials in a timely manner.

72.1.3 In order to assist the DOE in meeting its responsibility in subsection 72.1.2, each public agency shall take reasonable steps to provide instructional materials in accessible formats to children with disabilities who need those instructional materials at the same time as other children receive instructional materials.

72.2 Preparation and delivery of files: As part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, the DOE shall enter into a written contract with the publisher of the print instructional materials to:

72.2.1 Require the publisher to prepare and, on or before delivery of the print instructional materials, provide to NIMAC electronic files containing the contents of the print instructional materials using the NIMAS; or

72.2.2 Purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats.

72.2.3 Provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

72.3 Assistive technology: In carrying out this section, the DOE, to the maximum extent possible, shall work collaboratively with the State agency responsible for assistive technology programs.

72.4 Definitions: In this section and in 14 DE Admin. Code 924, Section 10.0:

"Blind Persons or Other Persons with Print Disabilities" means children served under these regulations who may qualify to receive books and other publications produced in specialized formats in accordance with the Act entitled "An Act to provide books for adult blind,'' approved March 3, 1931, 2 U.S.C 135a;

"National Instructional Materials Access Center " or "NIMAC" means the center established pursuant to section 674(e) of the Act;

"National Instructional Materials Accessibility Standard " or "NIMAS" has the meaning given the term in section 674(e)(3)(B) of the Act;

"Specialized Formats" has the meaning given the term in section 674(e)(3)(D) of the Act.

(Authority: 20 U.S.C. 1412(a)(23), 1474(e); 14 Del.C. § 3110)

14 Del. Admin. Code § 923-72.0

26 DE Reg. 843 (4/1/2023) (final)