Mar
11

Accessible Materials & Competent Authority: A Step Closer to Equity & Access in 2021

In October of 2006, I was an assistive technology (AT) coordinator with PATINS and just four months into the job! As if the world of AT and Universal Design for Learning wasn't overwhelming enough to a new PATINS Coordinator, fresh out of the Intense Interventions classroom, I was about to be tossed head-first into the world of Accessible Educational Materials (AEM) as well! With help from Jeff Bond, I started the NIMAS and Digital Rights Managers (DRM) Podcast on October 6, 2006, when the Indiana Center for Accessible Materials (ICAM) was officially opened to the state of Indiana.

The ICAM was created that October of 2006, to support Indiana Local Education Agencies (LEAs) in meeting the
National Instructional Materials Accessibility Standards (NIMAS) Regulations of the IDEA 2004. Provisions in this federal mandate require state and local education agencies to ensure that printed textbooks and related core instructional materials are provided to students with documented print disabilities in accessible formats in a timely manner. This was a huge step forward for access in that it was, essentially, the federal and state governments acknowledging that specialized formats of the same content was a necessary accommodation and that denying access to information because of a disability was a civil rights issue! While we were all beyond excited for this, we also saw the "fine print" that limited who could serve as a competent authority to qualify students with print disabilities, in order to receive these specialized formats. It was right then, that many of us committed to doing whatever it took to expand this! The first thing that the ICAM did was to develop our old Form 4, which helped, but most certainly did not alleviate the barrier.

During the 15 years since October of 2006, through thousands of conversations, demonstrations, and pleading, we've arrived at another milestone in accessible materials! Given the timing of my turn to blog again combined with the deeply important and impactful changes to who can certify students as qualified to receive Accessible Educational Materials derived from NIMAS files, I'm confident there is no better guest blogger for me this week, than our very own ICAM team of Jeff Bond, Sandy Stabenfeldt, and Martha Hammond!

"The ICAM under the guidance of the Chafee Amendment identifies the print disabilities as: Blind/Low Vision; Orthopedic Disabilities and Reading Disability resulting from Organic dysfunction.

In the cases of Blind/Low vision and Orthopedic disabilities, the qualifications have always been straightforward. In order to qualify to receive K-12 textbooks and core instructional materials in accessible formats rendered from NIMAS files, the student must have: (1) an Individualized Educational Plan (IEP); and (2) a certification of a print disability, by a certified Competent Authority (CA), on file with the school district. A CA is defined to include doctors of medicine, doctors of osteopathy, ophthalmologists, optometrists, registered nurses, therapists, professional staff of hospitals, institutions, and public or welfare agencies (e.g. social workers, counselors, rehabilitation teachers, and superintendents).

However, it was determined by the National Library Service (NLS) of the Library of Congress that Reading Disabilities from Organic dysfunction, dyslexia being the most frequently identified of this group, could best be confirmed by a doctor of medicine or a doctor of osteopathy. When the ICAM was created it was decided it would follow the NIMAS law as written. Still, the requirement for a doctor’s signature has historically been a barrier to receiving Accessible Educational Materials (AEM) for many students. This has also been an obstacle for the ICAM, because our goal from the beginning has been to provide AEM to any student who needs it. 

The ICAM is ecstatic to announce that a change has been made. On February 12, 2021, the National Library Service (NLS) published the regulations that go along with the Library of Congress Technical Corrections Act of 2019. In addition to expanding the list of persons who may certify a student’s eligibility for accessible formats, the Library of Congress removed the requirement for certification by a medical doctor for those with reading disabilities. Educators, school psychologists, and certified reading specialists are now among the professionals authorized to certify students with reading disabilities. These guidelines have been revised to align with changes to copyright made by the Marrakesh Treaty Implementation Act (MTIA).

This is a profound procedural change, so it is not surprising that there has already been some confusion on how to interpret the law. So allow us to emphasize:

There is no change to the eligibility requirements. The student must have an IEP.  The presence of a print disability is still a Case Conference determination. The change is who may certify reading disabilities resulting from organic dysfunction. 

ICAM/IERC NIMAS Form 4 may now be signed by TOR, school psychologist or reading specialist. The ICAM has created a guide to provide clarification of the AEM process for the Case Conference Committee and is intended for use during the IEP meeting, please refer to this guide for additional support.

The last year has been a difficult one for students and for educators. Let’s celebrate this move forward together by providing paths to literacy for more students! Please contact the ICAM staff with any questions concerning this important policy change, or any AEM-related queries you may have, moving forward.

Learning is like rowing upstream: not to advance is to drop back. – Chinese proverb"

Big Thanks to our own ICAM team and the work that's gone into this already and all of the work that will continue as we strive to get accessible materials to ALL of the students who need them!
Continue reading
2
  826 Hits
0 Comments
826 Hits
  0 Comments
Nov
28

This Blog Post is Full of Curse Words

This Blog Post is Full Of Curse Words Icon for various forms of AAC with the large black font reading
About once a month I have to answer a really important question:

“Why is that word on his talker?”

“That word,” is our euphemism for any number of words: body parts (slang and clinical), fart sounds, curse words, words that are culturally irrelevant, childish, or inappropriate for a child [of his age/place where he is/supposed cognitive level]. And someone, somewhere, decided to program it on this child’s Augmentative and Alternative Communication (AAC) device as if encouraging the child to use inappropriate language.

I get it. When I imagined the magical moment of helping a student find her voice with the fancy new Sound Generating Device, I wasn’t expecting her first two-word phrase on her device to be “poop butt” repeated over and over again for the next three days, either.

I get it, I really do! We’re professionals trying to create engaging and enriching environments for our learners and the literacy activity has been derailed because we taught him how to make plurals on his talker and now he loves pluralizing the word “as.”

We admit we’re impressed, but we can’t let that slide.

In moments of “enriched language” that flusters me I take a deep breath and remember:

I am not the language police.

A larger-than-anticipated part of my job has been talking about cuss words. And promoting cuss words. And explaining the functional importance of having access to cuss words. And listening to and programming cuss words into communication devices. And explaining why adults can't delete cuss words and "adult vocabulary" from a kid's voice. And listing all culturally relevant cuss words. And finding good visuals for cuss words.

If my professors could see me now.

So what happens if she talks out of turn, pressing the buttons on her communication app? The same thing that happens to all the other students talking out, of course.

What happens when she won’t stop saying “poop butt”? The same thing you would do for any other child who says it. We don’t duct tape kids mouths, and we don’t take talkers away.

What happens when she uses swear words in class? The same thing that you do for any other student who cusses in class. We can’t forcibly remove words from a speaking child’s vocabulary. We teach, we consider the variables, and we provide natural consequences. We don’t delete words from the communication device.

It is work worth doing, with clear expectations, communication between school and family (and sometimes with the office door closed and the volume down really low as you check to make sure “#$!@” is pronounced correctly). The communication device is a voice, not a school textbook or a representation of just the words you hope or anticipate they’ll use today. It’s their access to their human right to communicate, and sometimes communication is colorful, shocking, or uncomfortable.

Do you agree or disagree with me? Let me know in the comments below, with any language you like.*

*natural consequences apply

The icon AAC in my title image is from ARASAAC, a no-cost Creative Commons license resource for symbols and icons to represent all words (even “those words”).
Continue reading
1
  2874 Hits
6 Comments
Recent Comments
Guest — Alyssa Haller
I read these blog posts every week, but this one has to be my favorite! It is so true, at times hilarious and frustrating! Explain... Read More
Thursday, 29 November 2018 08:26
Jessica Conrad
Thank you Alyssa! I agree it can be so hard to change minds. We need to have patience, compassion, humor, and allies in all corner... Read More
Thursday, 29 November 2018 21:47
Guest — Cheryl Fletcher
love this. Clients will find a way to make “those words” anyway like she and it! We should make a collection of client creativity ... Read More
Saturday, 01 December 2018 10:16
2874 Hits
  6 Comments
enfrdeitptrues

Copyright 2015- PATINS Project