7 Miss. Code. R. 34-B-300.172

Current through October 10, 2024

Section 7-34-B-300.172 - Access to instructional materials

(a)General. Mississippi-

(1) Adopts the National Instructional Materials Accessibility Standard (NIMAS), published as 34 CFR Appendix C to Part 300, for the purposes of providing instructional materials (printed textbooks and related printed core materials written and published primarily for use in elementary and secondary school instruction that are required by the MDE or any public agency) to blind persons or other persons with print disabilities, in a timely manner after the publication of the NIMAS in the Federal Register on July 19, 2006 (71 FR 41084) (see

Federal Regulations, Appendix C for the National Instructional Materials Accessibility Standards); and

(2) Establishes a State definition of a "timely manner" for purposes of Rights and Responsibilities under paragraphs (b)(2) and (b)(3) below if the State is not coordinating with the National Instructional Materials Access Center (NIMAC) or (b)(3) and (c)(2) below if the State is coordinating with the NIMAC.

(i) Mississippi defines "timely manner" for this purpose as "at the same time students without disabilities receive their instructional materials."

(b)Rights and Responsibilities of the MDE.

(1) The MDE has elected to coordinate with the NIMAC.

(2) The MDE provides an assurance to the Secretary of the U.S. Department of Education that the MDE will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.

(3) Nothing in §300.172 (Access to Instructional Materials) relieves the MDE of its responsibility to ensure that 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 §300.172(e)(1)(i)(blind persons or other persons with print disabilities means children served under this part who may qualify to receive books and other publications produced in specialized formats

in accordance with Part B of IDEA) or who need materials that cannot be produced from NIMAS files, receive those instructional materials in a timely manner.

(4) In order to meet its responsibility under §300.172(b)(2), (b)(3), and (c) to ensure that children with disabilities who need instructional materials in accessible formats are provided those materials in a timely manner, the MDE ensures that all public agencies take all 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.

(c)Preparation and delivery of files. The MDE-

(1) 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 a 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.

(2) Provides instructional materials to blind persons or other persons with print disabilities in a timely manner.

(d)Assistive technology. The MDE, to the maximum extent possible works collaboratively with the State agency responsible for assistive technology programs.

(e)Definitions.

(1) In this section and §300.120(Monitoring Activities)-

(i)Blind persons or other persons with print disabilities means children served under Part B of IDEA 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. 135 a;

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

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

(iv)Specialized formats has the meaning given the term in section 674(e)(3)(D) of IDEA.

(2) The definitions in paragraph (e)(1) above apply to each State and LEA, whether or not the State or LEA chooses to coordinate with the NIMAC.

7 Miss. Code. R. 34-B-300.172