Assistance to States for the Education of Children With Disabilities, 56154-56156 [2019-22888]

Download as PDF 56154 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Proposed Rules 5409, 5442, 5486, 5599, 5630, 94075/01, or 94048/01 installed. (b) Unsafe Condition This AD defines the unsafe condition as failure of a screw attaching the hydraulic pump cover. This condition could result in failure of a cover bolt and loss of fluid from the hydraulic pump, resulting in loss of the hydraulic system and subsequent loss of helicopter control. (c) Affected ADs This AD replaces AD 2017–14–05, Amendment 39–18949 (82 FR 31899, July 11, 2017) (AD 2017–14–05). (d) Comments Due Date The FAA must receive comments by December 20, 2019. (j) Subject Joint Aircraft Service Component (JASC) Code: 2913, Hydraulic Pump (Electric/ Engine) Main. (e) Compliance You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time. Issued in Fort Worth, Texas, on September 10, 2019. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. (f) Required Actions (1) Within 15 hours time-in-service (TIS) from July 26, 2017 (the effective date of AD 2017–14–05), replace the RH hydraulic pump with an airworthy hydraulic pump that is not listed in paragraph (a) of this AD. (2) Within 110 hours TIS from the effective date of this AD, replace the LH hydraulic pump with an airworthy hydraulic pump that is not listed in paragraph (a) of this AD. (3) After the effective date of this AD, do not install on any helicopter a hydraulic pump that is listed in paragraph (a) of this AD. [FR Doc. 2019–22815 Filed 10–18–19; 8:45 am] (g) Special Flight Permits Special flight permits are prohibited. (h) Alternative Methods of Compliance (AMOCs) (1) The Manager, Safety Management Section, Rotorcraft Standards Branch, FAA, may approve AMOCs for this AD. Send your proposal to: Matt Fuller, Senior Aviation Safety Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222–5110; email 9-ASWFTW-AMOC-Requests@faa.gov. (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, the FAA suggests that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC. khammond on DSKJM1Z7X2PROD with PROPOSALS Grand Prairie, TX 75052; telephone (972) 641–0000 or (800) 232–0323; fax (972) 641– 3775; or at https:// www.helicopters.airbus.com/website/en/ref/ Technical-Support_73.html. You may review a copy of the service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N– 321, Fort Worth, TX 76177. (2) The subject of this AD is addressed in European Aviation Safety Agency (EASA) No. 2016–0264–E, dated December 22, 2016. You may view the EASA AD on the internet at https://www.regulations.gov in the AD Docket. (i) Additional Information (1) Airbus Helicopters Emergency Alert Service Bulletin No. SA330–29.12, Revision 0, dated December 22, 2016, and Nexter Mechanics Alert Service Bulletin No. NM/ INGE/16–140, Revision 0, dated December 22, 2016, which are not incorporated by reference, contain additional information about the subject of this AD. For service information identified in this AD, contact Airbus Helicopters, 2701 N Forum Drive, VerDate Sep<11>2014 16:24 Oct 18, 2019 Jkt 250001 BILLING CODE 4910–13–P DEPARTMENT OF EDUCATION 34 CFR Part 300 [Docket ID ED–2019–OSERS–0111] Assistance to States for the Education of Children With Disabilities Office of Special Education and Rehabilitative Services, Department of Education. ACTION: Notice of proposed interpretation. AGENCY: The Individuals with Disabilities Education Act (IDEA) established the National Instructional Materials Access Center (NIMAC) in 2004 to assist State educational agencies (SEAs) and local educational agencies (LEAs) to produce accessible instructional materials for students with print disabilities. The U.S. Department of Education (Department) issues this notice of proposed interpretation to clarify the definition of ‘‘print instructional materials’’ in section 674(e)(3)(C) of IDEA to include digital instructional materials. This means that the NIMAC would accept digital instructional materials. DATES: We must receive your comments on or before November 20, 2019. ADDRESSES: Submit your comments through the Federal eRulemaking Portal or via postal mail, commercial delivery, or hand delivery. We will not accept comments submitted by fax or by email or those submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 comments only once. In addition, please include the Docket ID at the top of your comments. • Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under ‘‘How to use Regulations.gov.’’ • Postal Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver your comments about this proposed interpretation, address them to Tara Courchaine, U.S. Department of Education, 400 Maryland Avenue SW, Room 5054E, Potomac Center Plaza, Washington, DC 20202–5076. Privacy Note: The Department’s policy is to make all comments received from members of the public available for public viewing in their entirety on the Federal eRulemaking Portal at www.regulations.gov. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available. FOR FURTHER INFORMATION CONTACT: Tara Courchaine, U.S. Department of Education, 400 Maryland Avenue SW, Room 5054E, Potomac Center Plaza, Washington, DC 20202–5076. Telephone: (202) 245–6462. Email: Tara.Courchaine@ed.gov. SUPPLEMENTARY INFORMATION: Invitation to Comment: We invite you to submit comments on this notice of proposed interpretation. See ADDRESSES for instructions on how to submit comments. During and after the comment period, you may inspect all public comments about this proposed interpretation by accessing Regulations.gov. You may also inspect the comments in person in Room 3W104, 400 Maryland Avenue SW, Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., Eastern time, Monday through Friday of each week except Federal holidays. If you want to schedule time to inspect comments, please contact the person listed under FOR FURTHER INFORMATION CONTACT. Assistance to Individuals with Disabilities in Reviewing the Record: On request, we will provide an appropriate accommodation or auxiliary aid to an individual with a disability who needs assistance to review the comments or other documents in the public record for this document. If you want to schedule an appointment for this type of aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT. E:\FR\FM\21OCP1.SGM 21OCP1 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS Background The NIMAC was established under IDEA in 2004 to assist SEAs and LEAs in the production of accessible instructional materials for students with print disabilities. While discussing proposed changes to IDEA in the Senate, Senator Dodd, a co-sponsor of the bill, commented on the reason for establishing NIMAC stating ‘‘. . . these important provisions will greatly aid blind and print disabled students by ensuring they receive their textbooks and other instructional materials in the formats they require, such as Braille, at the same time as their sighted peers.’’ 108 Cong. Rec. S11, 656 (April 29, 2003). Similarly, the House report notes that, ‘‘. . . the provision is intended to provide students who are blind or have other print disabilities with more timely access to instructional materials used in elementary and secondary schools.’’ H.R. Rep. No. 108–77, at 98 (April 29, 2003). Within the legislation, the scope and duties of the NIMAC as the searchable online national file repository of K–12 print textbooks in the XML-based National Instructional Materials Accessibility Standard (NIMAS) format are clearly defined, as are the key definitions framing its operations. These duties are: 1. To receive and maintain a catalog of print instructional materials prepared in the NIMAS, as established by the Secretary, made available to such center by the textbook publishing industry, SEAs, and LEAs. 2. To provide access to print instructional materials, including textbooks, in accessible media, free of charge, to blind or other persons with print disabilities in elementary schools and secondary schools, in accordance with such terms and procedures as the NIMAC may prescribe. 3. To develop, adopt, and publish procedures to protect against copyright infringement, with respect to the print instructional materials provided in sections 612(a)(23) and 613(a)(6) of IDEA. (34 CFR 300.172(e)(1)(ii); 20 U.S.C. 1474(e)(2)(A), (B), (C)) Under section 674(e)(3)(C) of IDEA, the term ‘‘print instructional materials’’ means ‘‘printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a State educational agency or local educational agency for use by students in the classroom.’’ During the 15 years since the NIMAS was created by Federal statute, the use of digital educational VerDate Sep<11>2014 16:24 Oct 18, 2019 Jkt 250001 materials 1 as a core component of elementary and secondary curriculum has grown significantly. Currently, the majority of States have digital learning plans and digital learning standards. In addition, State leaders have demonstrated a commitment to digital learning and the use of digital materials and to support personalized learning that meets the needs of all students.2 In fact, in 2014 Florida developed a fiveyear plan that requires all schools to move to digital classrooms.3 In a recent United States survey, 75 percent of classroom teachers expected digital content to replace traditional print textbooks by 2026.4 Currently, IDEA does not specifically address the inclusion or use of digital instructional materials, which were not as common when the law was originally enacted. At this time NIMAC does not accept digital instructional materials. This exclusion of digital materials unnecessarily and inappropriately limits access to such materials for students who are blind or visually impaired. The exclusion of digital instructional materials from the NIMAC also forces teachers to retrofit materials or provide alternate materials that are not equivalent to those available to peers without disabilities. Additionally, these retrofitted materials may not be provided to students in a timely manner or are of inconsistent quality. Consequently, students who are blind or visually impaired are potentially denied equal educational opportunity, comparable access to materials, and access to information in a timely manner by excluding digital instructional materials from the definition of print instructional materials. This is especially true for students in Pre-K–3, who require embossed braille to ensure a solid foundation in early literacy, as well as for older students who use braille (embossed or digital) to access academic content. Digitally formatted materials accompanied by technology have the potential to facilitate learning for all 1 For the purpose of this notice of interpretation, the Department views ‘‘digital educational materials’’ as ‘‘digital instructional materials.’’ 2 State Educational Technology Directors Association (SETDA). (2019). State K12 Instructional Materials Leadership Trends Snapshot. See https://www.setda.org/master/wpcontent/uploads/2019/03/DMAPS_snapshot_ 3.26.19.pdf. 3 Florida’s Digital Classrooms Program. See https:// www.fldoe.org/core/fileparse.php/5658/urlt/ 0097843-fdoedigitalclassroomsplan.pdf. 4 Harpur, Paul. (2017). Discrimination, copyright and equality: Opening the e-book for the print disabled. Retrieved from https://ssrn.com/ abstract=2977629. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 56155 students. However, such materials will benefit students who are blind, visually impaired, or have other print disabilities only if they are available in accessible formats.5 Proposed Interpretation Given the purpose of NIMAC, the trend toward digital instructional materials and resources, and the silence of the statute on the acceptance of digital files, the Department proposes to interpret the phrase ‘‘printed textbooks and related printed core materials’’ referred to in the definition of ‘‘print instructional materials’’ in section 674(e)(3)(C) of IDEA to include digital instructional materials that comply with NIMAS, because that is the primary medium through which many textbooks and core materials are now printed. The Department considers digital materials submitted to NIMAC to be in digital print format, which falls under the larger category of ‘‘print’’ and is consistent with the statutory language of section 674(e)(3)(C) of IDEA. The Department believes this interpretation to be aligned with the purpose of the statute, which is to provide timely instructional materials to students who are blind or have other print disabilities. Therefore, under this interpretation, NIMAC would be able to accept digital instructional materials submitted in a valid XML-based NIMAS format. Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or portable document format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to 5 Harpur, Paul. (2017). Discrimination, copyright and equality: Opening the e-book for the print disabled. Retrieved from https://ssrn.com/ abstract=2977629. E:\FR\FM\21OCP1.SGM 21OCP1 56156 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Proposed Rules documents published by the Department. Johnny W. Collett, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. 2019–22888 Filed 10–18–19; 8:45 am] BILLING CODE 4000–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2019–0556; FRL–10001– 23–Region 9] Air Plan Approval; California; San Diego Air Pollution Control District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the San Diego Air Pollution Control District (SDAPCD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOC) from Adhesive Material Application Operations. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act (CAA or the Act). We SUMMARY: are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by November 20, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2019–0556 at https:// www.regulations.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 947–4125 or by email at vineyard.christine@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. The State’s Submittal A. What rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted rule? II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. EPA’s Recommendations to Further Improve the Rule D. Public Comment and Proposed Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State’s Submittal A. What rule did the State submit? Table 1 lists the rule addressed by this proposal with the dates that it was adopted by the local air agency and submitted to the EPA by the California Air Resource Board. TABLE 1—SUBMITTED RULE Local agency Rule # SDAPCD ................................. 67.21 monitoring requirements. The EPA’s technical support document (TSD) has more information about this rule. B. Are there other versions of this rule? Rules in the SIP must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (see CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (see CAA section 193). Generally, SIP rules must require Reasonably Available Control Technology (RACT) for each category of sources covered by a Control Techniques Guidelines (CTG) document as well as each major source of VOCs in ozone nonattainment areas classified as Moderate or above (see CAA section C. What is the purpose of the submitted rule? Emissions of VOCs help produce ground-level ozone, or smog, and particulate matter, which harm human health and the environment. Sections 110(a) and 182(b)(2) of the CAA require states to submit regulations that control VOC emissions. Rule 67.21 establishes VOC content limits and workplace standards from the application of adhesives, sealants, and adhesive and sealant primers. It also contains related recordkeeping, reporting, and VerDate Sep<11>2014 16:24 Oct 18, 2019 Jkt 250001 Amended Adhesive Material Application Operations ............................. On February 9, 2018, the submittal for SDAPCD Rule 67.21 was deemed by operation of law to meet the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. There are no previous versions of Rule 67.21 in the SIP. khammond on DSKJM1Z7X2PROD with PROPOSALS Rule title II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rule? PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 05/14/08 Submitted 08/09/17 182(b)(2)). The SDAPCD regulates an ozone nonattainment area classified as Moderate for the 2008 8-hour ozone National Ambient Air Quality Standard 40 CFR 81.305. Therefore, this rule must implement RACT. Guidance and policy documents that we used to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutant includes the following: 1. ‘‘State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,’’ 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992). 2. ‘‘Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,’’ EPA, May 25, 1988 (the Bluebook, revised January 11, 1990). 3. ‘‘Guidance Document for Correcting Common VOC & Other Rule Deficiencies,’’ EPA Region 9, August 21, 2001 (the Little Bluebook). 4. ‘‘Control Techniques Guidelines for Miscellaneous Industrial Adhesives,’’ EPA– 453/R–08–005, September 2008. (https:// E:\FR\FM\21OCP1.SGM 21OCP1

Agencies

[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Proposed Rules]
[Pages 56154-56156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22888]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

34 CFR Part 300

[Docket ID ED-2019-OSERS-0111]


Assistance to States for the Education of Children With 
Disabilities

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Notice of proposed interpretation.

-----------------------------------------------------------------------

SUMMARY: The Individuals with Disabilities Education Act (IDEA) 
established the National Instructional Materials Access Center (NIMAC) 
in 2004 to assist State educational agencies (SEAs) and local 
educational agencies (LEAs) to produce accessible instructional 
materials for students with print disabilities. The U.S. Department of 
Education (Department) issues this notice of proposed interpretation to 
clarify the definition of ``print instructional materials'' in section 
674(e)(3)(C) of IDEA to include digital instructional materials. This 
means that the NIMAC would accept digital instructional materials.

DATES: We must receive your comments on or before November 20, 2019.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``How to use Regulations.gov.''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about this proposed interpretation, 
address them to Tara Courchaine, U.S. Department of Education, 400 
Maryland Avenue SW, Room 5054E, Potomac Center Plaza, Washington, DC 
20202-5076.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: Tara Courchaine, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5054E, Potomac Center Plaza, 
Washington, DC 20202-5076. Telephone: (202) 245-6462. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment:
    We invite you to submit comments on this notice of proposed 
interpretation. See ADDRESSES for instructions on how to submit 
comments.
    During and after the comment period, you may inspect all public 
comments about this proposed interpretation by accessing 
Regulations.gov. You may also inspect the comments in person in Room 
3W104, 400 Maryland Avenue SW, Washington, DC, between the hours of 
8:30 a.m. and 4:00 p.m., Eastern time, Monday through Friday of each 
week except Federal holidays. If you want to schedule time to inspect 
comments, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT.
    Assistance to Individuals with Disabilities in Reviewing the 
Record: On request, we will provide an appropriate accommodation or 
auxiliary aid to an individual with a disability who needs assistance 
to review the comments or other documents in the public record for this 
document. If you want to schedule an appointment for this type of aid, 
please contact the person listed under FOR FURTHER INFORMATION CONTACT.

[[Page 56155]]

Background

    The NIMAC was established under IDEA in 2004 to assist SEAs and 
LEAs in the production of accessible instructional materials for 
students with print disabilities. While discussing proposed changes to 
IDEA in the Senate, Senator Dodd, a co-sponsor of the bill, commented 
on the reason for establishing NIMAC stating ``. . . these important 
provisions will greatly aid blind and print disabled students by 
ensuring they receive their textbooks and other instructional materials 
in the formats they require, such as Braille, at the same time as their 
sighted peers.'' 108 Cong. Rec. S11, 656 (April 29, 2003). Similarly, 
the House report notes that, ``. . . the provision is intended to 
provide students who are blind or have other print disabilities with 
more timely access to instructional materials used in elementary and 
secondary schools.'' H.R. Rep. No. 108-77, at 98 (April 29, 2003). 
Within the legislation, the scope and duties of the NIMAC as the 
searchable online national file repository of K-12 print textbooks in 
the XML-based National Instructional Materials Accessibility Standard 
(NIMAS) format are clearly defined, as are the key definitions framing 
its operations.
    These duties are:
    1. To receive and maintain a catalog of print instructional 
materials prepared in the NIMAS, as established by the Secretary, made 
available to such center by the textbook publishing industry, SEAs, and 
LEAs.
    2. To provide access to print instructional materials, including 
textbooks, in accessible media, free of charge, to blind or other 
persons with print disabilities in elementary schools and secondary 
schools, in accordance with such terms and procedures as the NIMAC may 
prescribe.
    3. To develop, adopt, and publish procedures to protect against 
copyright infringement, with respect to the print instructional 
materials provided in sections 612(a)(23) and 613(a)(6) of IDEA. (34 
CFR 300.172(e)(1)(ii); 20 U.S.C. 1474(e)(2)(A), (B), (C))
    Under section 674(e)(3)(C) of IDEA, the term ``print instructional 
materials'' means ``printed textbooks and related printed core 
materials that are written and published primarily for use in 
elementary school and secondary school instruction and are required by 
a State educational agency or local educational agency for use by 
students in the classroom.'' During the 15 years since the NIMAS was 
created by Federal statute, the use of digital educational materials 
\1\ as a core component of elementary and secondary curriculum has 
grown significantly. Currently, the majority of States have digital 
learning plans and digital learning standards. In addition, State 
leaders have demonstrated a commitment to digital learning and the use 
of digital materials and to support personalized learning that meets 
the needs of all students.\2\ In fact, in 2014 Florida developed a 
five-year plan that requires all schools to move to digital 
classrooms.\3\ In a recent United States survey, 75 percent of 
classroom teachers expected digital content to replace traditional 
print textbooks by 2026.\4\
---------------------------------------------------------------------------

    \1\ For the purpose of this notice of interpretation, the 
Department views ``digital educational materials'' as ``digital 
instructional materials.''
    \2\ State Educational Technology Directors Association (SETDA). 
(2019). State K12 Instructional Materials Leadership Trends 
Snapshot. See https://www.setda.org/master/wp-content/uploads/2019/03/DMAPS_snapshot_3.26.19.pdf.
    \3\ Florida's Digital Classrooms Program. See https://www.fldoe.org/core/fileparse.php/5658/urlt/0097843-fdoedigitalclassroomsplan.pdf.
    \4\ Harpur, Paul. (2017). Discrimination, copyright and 
equality: Opening the e-book for the print disabled. Retrieved from 
https://ssrn.com/abstract=2977629.
---------------------------------------------------------------------------

    Currently, IDEA does not specifically address the inclusion or use 
of digital instructional materials, which were not as common when the 
law was originally enacted. At this time NIMAC does not accept digital 
instructional materials. This exclusion of digital materials 
unnecessarily and inappropriately limits access to such materials for 
students who are blind or visually impaired. The exclusion of digital 
instructional materials from the NIMAC also forces teachers to retrofit 
materials or provide alternate materials that are not equivalent to 
those available to peers without disabilities. Additionally, these 
retrofitted materials may not be provided to students in a timely 
manner or are of inconsistent quality. Consequently, students who are 
blind or visually impaired are potentially denied equal educational 
opportunity, comparable access to materials, and access to information 
in a timely manner by excluding digital instructional materials from 
the definition of print instructional materials. This is especially 
true for students in Pre-K-3, who require embossed braille to ensure a 
solid foundation in early literacy, as well as for older students who 
use braille (embossed or digital) to access academic content.
    Digitally formatted materials accompanied by technology have the 
potential to facilitate learning for all students. However, such 
materials will benefit students who are blind, visually impaired, or 
have other print disabilities only if they are available in accessible 
formats.\5\
---------------------------------------------------------------------------

    \5\ Harpur, Paul. (2017). Discrimination, copyright and 
equality: Opening the e-book for the print disabled. Retrieved from 
https://ssrn.com/abstract=2977629.
---------------------------------------------------------------------------

Proposed Interpretation

    Given the purpose of NIMAC, the trend toward digital instructional 
materials and resources, and the silence of the statute on the 
acceptance of digital files, the Department proposes to interpret the 
phrase ``printed textbooks and related printed core materials'' 
referred to in the definition of ``print instructional materials'' in 
section 674(e)(3)(C) of IDEA to include digital instructional materials 
that comply with NIMAS, because that is the primary medium through 
which many textbooks and core materials are now printed. The Department 
considers digital materials submitted to NIMAC to be in digital print 
format, which falls under the larger category of ``print'' and is 
consistent with the statutory language of section 674(e)(3)(C) of IDEA. 
The Department believes this interpretation to be aligned with the 
purpose of the statute, which is to provide timely instructional 
materials to students who are blind or have other print disabilities. 
Therefore, under this interpretation, NIMAC would be able to accept 
digital instructional materials submitted in a valid XML-based NIMAS 
format.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or portable document format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article
    search feature at www.federalregister.gov. Specifically, through 
the advanced search feature at this site, you can limit your search to

[[Page 56156]]

documents published by the Department.

Johnny W. Collett,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2019-22888 Filed 10-18-19; 8:45 am]
 BILLING CODE 4000-01-P
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