Current through Bulletin 2024-06, March 15, 2024
(1) USIMAC shall produce core educational
materials, including print and digital textbooks and related core materials, in
accessible formats to ensure that all students eligible under the Chafee
Amendment receive their materials in a timely manner.
(2) The Superintendent shall oversee the
operations of the USIMAC.
(3) The
USDB is the fiscal agent and operates the USIMAC to the extent of funds
received annually from budgetary appropriations.
(4) An LEA may purchase or provide accessible
educational materials from another source using the LEA's own funding or
request the production of accessible educational materials in accessible
formats from USIMAC in accordance with established procedures to ensure timely
access for eligible students.
(5)
(a) USIMAC shall provide a textbook and
related core educational materials in an accessible format by the beginning of
the school year if requested no later than April 1 of the preceding school year
by an LEA.
(b) Notwithstanding
Subsection (5)(a), if an LEA requests educational materials in braille, USIMAC
will provide the first three volumes of a textbook by the beginning of the
school year, and will provide additional volumes ahead of the pacing guide
submitted by the LEA.
(6)
The USDB Educational Resource Center shall serve as the repository and
distribution center for USIMAC.
(7)
A student is eligible for accessible educational materials from USIMAC,
including Braille, audio, large print, or accessible PDFs, following an LEA
determination that the student is eligible in accordance with:
(a) the Chafee Amendment;
(b) IDEA; or
(c) Section 504 of the Rehabilitation
Act.
(8) An LEA may
request textbooks consisting of static text and images for eligible students
served by the USDB or the LEA consistent with a student's IEP or Section 504
accommodation plan.
(9) When an LEA
requests a core instructional textbook, USIMAC may:
(a) provide the textbook to the LEA from its
existing inventory;
(b) purchase
the textbook and provide the textbook to the LEA from another source, which may
include;
(i) the American Printing House for
the Blind using state acquired federal funds designated specifically for USIMAC
materials; or
(ii) another
accessible media producer; or
(c)
(i)
provide a regular hard print copy of the textbook, or equivalent digital file
in PDF format for digital print textbooks; and
(ii) produce and distribute the textbook in
the needed accessible format.
(10)
(a) An
LEA or publisher shall send hard copy and digital textbooks and related core
educational materials adopted by the LEA to the NIMAC in a valid XML-based
NIMAS format for use in the production of accessible formats such as braille,
large print, and digital text.
(b)
(i) Teacher-created educational materials,
other than textbooks and related educational materials approved by an LEA, are
not eligible for submission to USIMAC.
(ii) An LEA is responsible to make materials
described in Subsection (b)(i) accessible and to provide the materials to
students in a timely manner.
(11)
(a) All
approved textbook and digital textbook contracts for the state of Utah for
educational materials, textbooks, and related core printed materials shall
include a provision for making NIMAS file sets available through the NIMAC in
accordance with the IDEA and Board Instructional Materials Contract
timelines.
(b) If USIMAC is unable
to obtain the NIMAS file set from the NIMAC because the publisher fails to
timely provide the NIMAS file set to the NIMAC in accordance with the IDEA and
Board Instructional Materials Contract timelines, USIMAC may:
(i) bill the textbook publisher the
difference in the cost of producing the alternate format textbook without the
benefit of the NIMAS file set; or
(ii) request authorization from the Board to
seek damages from the publisher for failure to meet contract
provisions.
(c) The
Superintendent shall advise publishers of the provisions of this Subsection
(11).
(d) The Utah Instructional
Materials Commission created under Rule R277-469 may not approve textbooks and
materials from publishers that have a pattern of not providing materials and
textbooks for students with disabilities in a timely manner, consistent with
the law and Board rules.
(12)
(a) An
LEA may request and access audio books through USIMAC, as appropriate, or
through other sources.
(b)
Membership required for other sources is the responsibility of the LEA
designated as the responsible entity for serving the student in the IEP or
Section 504 accommodation plan.
