Laws and Regulations
Pennsylvania
- PA Chapter 14: Outlines the regulations for special education services and programs in Pennsylvania.
National
- Title 17 of the United States Code: Title 17 of the United States Code is the main body of U.S. copyright law. It includes the Copyright Act of 1976, which forms the basis of current copyright regulations.
- The Chafee Amendment: Enacted in 1996, this amendment to the U.S. Copyright Act allows authorized entities (e.g. schools, material centers) to reproduce or distribute copies of literary or musical works in accessible formats exclusively for use by individuals with disabilities, without infringing on copyright.
- NIMAC and NIMAS: The Individuals with Disabilities Education Act (IDEA) of 2004 established the National Instructional Materials Access Center (NIMAC) and National Instructional Materials Accessibility Standard (NIMAS). These provisions ensure that students with disabilities have access to instructional materials in accessible formats.
- Section 508: Part of the Rehabilitation Act of 1973, Section 508 requires federal agencies to make their electronic and information technology accessible to people with disabilities.
- NIMAS & Digital Materials Notice of Interpretation: Issued in 2020, this notice clarified that the definition of “print instructional materials” under IDEA includes digital instructional materials. This allows the NIMAC to accept digital materials.
International
- Marrakesh Treaty (wipo.int): Adopted in 2013, this international treaty aims to facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled. It requires member countries to create exceptions to copyright laws to make it easier to produce and share accessible format copies of printed works.
Eligible Persons
An eligible person means an individual who, regardless of any other disability:
- Is blind;
- 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
- 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
Authorized Entities
“a nonprofit organization or a governmental agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities;”
Source: Title 17 of the United State Code October 2022
Sources for Obtaining Accessible Educational Materials
PaTTAN AEM Center is a service through the Pennsylvania Training and Technical Assistance Network (PaTTAN) that supports the provision of AEM in Pennsylvania. It serves as a central location for material production and acquisition for students with qualifying print disabilities.
Bookshare is an eBook library with a collection of over 1 million titles. It is the largest collection of accessible titles in the world. With books in over 40 languages and a range of titles for school, work, and pleasure, there is something for everyone. Bookshare is free for all qualifying students and schools in the United States with funding provided by the U.S. Department of Education, Office of Special Education Programs (OSEP).
The National Library Service for the Blind and Print Disabled is a Library of Congress program that provides recorded and braille materials to people who are unable to see or read printed materials. Established in 1931 by the Brratt-Smoot Act, NLS is free to anyone in the U.S. who is who is unable to read or use regular print materials because of a temporary or permanent visual, physical, perceptual, or reading disability.
The Louis Database from the American Printing House for the Blind is a database where parents, educators, students, and the public can browse and obtain accessible educational materials. The database contains a collection of accessible educational materials produced in a variety of formats, including braille, large print, audio, and electronic file format. In addition to educational materials, the database also contains a list of accessible material producers and textbooks and recreational reading.
Defining AEM
Accessible educational materials (AEM) ensure students with disabilities can access the same content as their peers. These include formats like braille, large print, audio, and digital text, and technology-based options such as electronic textbooks. Timely access to AEM ensures that students with disabilities have the same opportunities to fully and independently participate and make progress in the curriculum. Educational teams are required to document print-access needs within a student’s educational plan to ensure that students receive free and appropriate public education (FAPE).
AEM or AIM?
AEM encompasses any educational materials (digital, print, multimedia, etc.) designed or adapted to be accessible to all learners, including those with disabilities. Accessible instructional materials (AIM) specifically refers to print-based educational materials converted into alternative formats (such as braille, large print, audio, or digital text).