NIMAS for SEAs & LEAs

Both State education agencies (SEAs) and local education agencies (LEAs) have responsibilities related to the provision of accessible formats from NIMAS files through the NIMAC for qualifying students. The State Director of Special Education leads the following activities on behalf of the SEA and LEAs.

Are some terms new to you? See the definitions section on this page or visit NIMAS & NIMAC. The NIMAS Q&A also provides answers to common questions related to the implementation of the NIMAS and coordination with the NIMAC.

Required actions by statute

• Annually, adopt NIMAS. Complete and submit Office of Special Education Program (OSEP) IDEA 2004 Part B Assurances as part of the Federal Fiscal Year (FFY) application for funds.
• Annually, opt in or opt out of the NIMAC. Complete and submit Office of Special Education Program (OSEP) IDEA 2004 Part B Assurances as part of the Federal Fiscal Year (FFY) application for funds. SEA assumes role of coordinating agency with the NIMAC.
• Annually, for States that opt out of the NIMAC, provide an assurance to OSEP that instructional materials will be provided in a timely manner to students who meet the criteria for eligible person. Complete and submit OSEP IDEA 2004 Part B Assurances as part of the FFY application for funds.
• Annually, require that LEAs choose to either coordinate or not (opt in or out) with the NIMAC as part of LEA assurances to the SEA. This is a requirement for LEAs in order to be eligible to receive IDEA funds. The SEA's application package sent to LEAs should include the assurance at 613(a)(6). If the SEA has already sent out its application package and did not include the NIMAS assurance at 613(a)(6), it may send out a separate opt in or out selection form to be returned to the SEA with signature. The form should make clear that this is an eligibility requirement. Issue as part of the LEA application for IDEA funds or with other assurances to be provided by LEAs to SEAs for annual funding.
• Establish and distribute policies and procedures to protect the intellectual property rights of K-12 publishers. Work with the AEM Center (and NIMAC if the SEA coordinates with the NIMAC) to develop and implement policies and procedures that consider the qualified student populations to be served and accessible materials use policies designed to protect the intellectual property rights of K-12 educational publishers. Update these policies as needed.

Strongly suggested actions

• Designate a SEA Special Education employee as primary contact for NIMAS and NIMAC-related matters. This person will serve as NIMAC State Coordinator. Inform the AEM Center of contact information by email to aem@cast.org and NIMAC to nimac@aph.org. A list of State NIMAC Coordinators is maintained by the AEM Center.
• Organize a NIMAS/Accessible Materials Coordinating Council for the state to improve communication among those with shared responsibility for the successful implementation of the NIMAS. Suggested council members:
  • Primary contact (State NIMAC Coordinator)
  • Assistive technology (AT) agency representative
  • Instructional Materials Coordinator (if state has one)
  • Education technology/digital learning representative
  • Services for blind/low vision students representative
  • State-wide assessment office representative
  • Parent representative (e.g., from Parent Training and Information (PTI) centers)
  • Educational publisher representative
• In coordination with the State NIMAC Coordinator and NIMAS/Accessible Material Coordinating Council, identify and review current SEA and LEA approaches for providing accessible formats to students who meet the criteria for eligible person. Review existing systems for production and delivery of accessible formats available to and within the state.
• Develop procedures to ensure the timely delivery of accessible formats to students who meet the criteria for eligible person, including the following:
  • In keeping with established NIMAC policies, implement approaches for downloading NIMAS filesets from the NIMAC (who will be allowed to do so, where, for what purpose, access by contractors, etc.).
  • Develop policies regarding appropriate materials to be included in SEA and LEA requests for files submitted to the NIMAC.
  • Identify approaches to developing and delivering accessible formats to students who meet the criteria for eligible person.
  • Consider use of national authorized entities such as American Printing House for the Blind (APH) and  Bookshare. Explore various membership arrangements such as student, school, district, county, and state-level agreements with such entities.
  • Consider use of state-level Instructional Material/Instructional Resource Centers (IMC/IRCs) for braille, large print, and tactile graphics.
  • Consider contracts with conversion houses to develop accessible formats for students within the state.
  • Consider purchase of accessible formats directly from K-12 publishers if and when available.
  • Define policies regarding the purchase, use, and protection of print instructional materials when accessible formats are provided to students in electronic formats. Note: The U.S. Department of Education has clarified that the definition of print instructional materials includes digital instructional materials. See definitions for more information.
  • Consider purchasing a state license for essential hardware and software for the use of accessible formats. Where appropriate, add items that meet state-specific specifications to the state bid list.
  • Consider naming Bookshare as a state Authorized User (AU). This promotes the timely creation of accessible formats from NIMAS filesets by authorizing conversions when a request is made on behalf of a qualified student.
• For states that are coordinating with/have opted in to the NIMAC, contact the NIMAC with any questions regarding AUs, access by national authorized entities, access by LEAs, and the required Limitation-of-Use Agreement (LUA). 
• Encourage documentation of student-preferred accessible formats within each Individualized Education Program (IEP) as appropriate. 
• For states that opt in (i.e., are coordinating with the NIMAC), include NIMAS language in publisher agreements.
  • Textbook Adoption States:
    • When an agreement with a K-12 publisher is made to adopt instructional materials (either print materials or digital instructional materials that are NIMAS-conformable), the SEA requires the publisher to submit a NIMAS fileset to the NIMAC. Alternatively, the SEA purchases instructional materials from the publisher that are produced in, or may be rendered in, accessible formats.
    • When an LEA is allowed to purchase instructional materials that are not included on an adoption list, the procedure for Open Territory States should be used.
  • Open Territory States:
    • When an agreement with a K-12 publisher is made to adopt instructional materials (either print materials or digital instructional materials that are NIMAS-conformable), an LEA that has opted in requires the publisher to submit a NIMAS fileset to the NIMAC, or purchases instructional materials from the publisher that are produced in, or may be rendered in, accessible formats.
• For states that opt out (i.e., elect not to coordinate with the NIMAC), procedures are put in place to provide accessible formats for students who meet the criteria for eligible person.
  • Textbook Adoption States:
    • SEAs and/or LEAs purchase source files when and if they are available directly from publishers, establish a secure access, distribution, and tracking system, and arrange to use such files to produce student-ready accessible formats, and/or
    • SEAs and/or LEAs purchase student-ready versions when and if they are available directly from publishers, and/or
    • SEAs and/or LEAs establish a workflow for scanning print materials and producing or otherwise obtaining audio books, braille, large print, and other appropriate accessible formats in a timely manner.
  • Open Territory States:
    • LEAs purchase source files when and if they are available directly from publishers, establish a secure access, distribution, and tracking system and arrange to use such files to produce student-ready accessible formats, and/or
    • LEAs purchase student-ready versions when and if they are available directly from publishers, and/or
    • LEAs establish a workflow for scanning print materials and producing or otherwise obtaining audio books, braille, large print, and other appropriate accessible formats in a timely manner.
• Monitor the provision of accessible formats to students who need them.
  • Maintain a summary of SEA-level activities related to the preparation and delivery of accessible formats.
  • Require that LEAs maintain a record of local activities related to the preparation and delivery of accessible formats.
• In coordination with the state assistive technology (AT) agency or agencies, identify and share LEA best practices regarding accessible materials and appropriate access hardware and software.

In every case, regardless of their relationship with the NIMAC, both the SEA and LEA remain responsible for ensuring that accessible formats are provided in a timely manner to students who meet the criteria for eligible person.

IDEA Part B Assurances

Adopt NIMAS
24a. The state adopts the NIMAS 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 NIMAS in the Federal Register in accordance with 20 U.S.C. 1412(a)(23)(A).

Opt In
24b.1 The SEA coordinates with the NIMAC and not later than two years after the date of enactment of the IDEA of 2004 the SEA as part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, enters 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 NIMAC electronic files containing the contents of the print instructional materials using the NIMAS; or

• purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats. 20 U.S.C. 1412(a)(23)(C).

Opt Out
24b.2 The SEA has chosen not to coordinate with the NIMAC but assures that it will provide instructional materials to blind persons or other persons with print disabilities in a timely manner. 20 U.S.C. 1412(a)(23)(B).