Section 392-172A-06040 - Purchase of and access to instructional materialsThe OSPI has elected to coordinate with the National Instructional Materials Access Center (NIMAC). School districts have the option of coordinating with NIMAC.
(1) Not later than December 3, 2006, a school district that chooses to coordinate with NIMAC, when purchasing print instructional materials, including digital instructional materials, must acquire those instructional materials in accordance with subsection (2) of this section.(2) If a school district chooses to coordinate with the NIMAC, as of December 3, 2006, it must: (a) As part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, must enter into a written contract with the publisher of the print instructional materials to: (i) 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(ii) Purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats.(b) Make all reasonable attempts to provide instructional materials to blind persons or other persons with print disabilities in a timely manner.(c) In carrying out this section, the school district, to the maximum extent possible, must work with the state instructional resources center.(3) For the purposes of this section: (a) Blind persons or other persons with print disabilities means students served under this part 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;(b) National Instructional Materials Access Center or NIMAC means the center established pursuant to section 674(e) of the act;(c) National Instructional Materials Accessibility Standard or NIMAS has the meaning given the term in section 674 (e)(3)(B) of the act;(d) Specialized formats has the meaning given the term in section 674 (e)(3)(D) of the act.(4) The definitions in subsection (3) of this section apply to each school district, whether or not the school district chooses to coordinate with the NIMAC.(5) Nothing in this section shall be construed to require a school district to coordinate with the NIMAC.(6) If a school district chooses not to coordinate with the NIMAC, the school district must provide an assurance to the OSPI that the school district will provide instructional materials to blind persons or other persons with print disabilities by other means in a timely manner.(7) Nothing in this section relieves a school district of its responsibility to ensure that students eligible for special education services who need instructional materials in accessible formats but are not included under the definition of blind or other persons with print disabilities or who need materials that cannot be produced from NIMAS files, receive those instructional materials in a timely manner.Wash. Admin. Code § 392-172A-06040
Amended by WSR 21-19-065, Filed 9/14/2021, effective 10/15/2021Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300 . WSR 13-20-034, 392-172A-06040, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, 392-172A-06040, filed 6/29/07, effective 7/30/07. WSR 13-20-001, § 392-172A-06040, filed 9/18/2013, effective 10/19/2013