Sample Contract Language for Book Publishers
Sample Language with Book Publishers for Contracts and LEA Purchase Orders
AEM Guidance for the Purchase of Printed Instructional Materials
The SEAs and LEAs play an essential role in increasing the availability of printed instructional materials in accessible formats by obligating publishers to submit essential source materials to the NIMAC. They do this by routinely including language in purchasing contracts and purchase orders that requires publishers to submit NIMAS-conformant files to the NIMAC, or provide assurances that they have already done so, for a specific title and version that is to be purchased.
The IDEA Regulations require SEAs and LEAs to:
1) provide accessible materials in a timely manner to students with disabilities who need them: and, 2) require the creation of a NIMAS-conformant source file and deposit it in the NIMAC. There is no statutory or regulatory requirement placed on publishers. Although some publishers have been proactive about creating and depositing these source files, publishers are only obligated to submit them when SEA or LEA purchasers specifically include the requirement to do so in contract language or purchase orders. It should be noted that this applies only to textbooks and related core materials (e.g. workbooks, supplementary readers) published and made available for purchase from the publisher after July 19, 2006.
Math & Science: On June 22, 2012, the Office of Special Education and Rehabilitative Services distributed a Dear Colleague letter to all state directors of Special Education referencing the availability of the MathML3 Structure Guidelines. (MathML3 is the current version of the XML-based math mark-up language ratified by the World Wide Web Consortium [W3C], the DAISY Consortium, and the NIMAS Standards Board.) Given the availability of a technical standard for the inclusion of mathematical content in K–12 Math and Science instructional materials, which will allow these files to be transformed into student-ready versions—such as digital text and braille—that are far more accessible to print-disabled students than the current image-based math files included in NIMAS filesets, OSERS specifically encourages SEAs and LEAs to request that publishers use MathML3 Structure Guidelines.
NIMAC Policy on 'Advance Copy' File Sets
The NIMAC has advised all publishers, SEAs and LEAs that, after conferring with OSEP, NIMAC has determined that it will not accept "advance copy" file sets into the repository. Because "advance copy" versions of instructional materials are not the final versions approved for use in the classroom, they are not appropriate for use in the creation of accessible formats for blind, visually impaired, and print disabled students. Accepting these versions into the repository introduces the risk that formats will be produced using file sets that are not corrected, final versions. Students then receiving these formats could receive a product that is significantly different or inferior to the version received by their non-disabled peers. NIMAC requests that SEAs and LEAs please keep this policy in mind when drafting language for publisher contracts requiring the submission of files to NIMAC. Please do not require "advance copy" file sets to be submitted as NIMAC will not accept these file sets. We also ask that publishers who may be voluntarily submitting files in anticipation of future requests also refrain from submitting files until the finalized version, usually known as the "B Printing," is available. Please contact the NIMAC at 877-526-4622 if you have any questions regarding this policy statement.