Accessible Educational Materials

Definition

Accessible educational materials (AEM) are print- and technology-based educational materials, including printed and electronic textbooks and related core materials that are designed or enhanced in a way that makes them usable across the widest range of learner variability, regardless of format (e.g., print, digital, graphic, audio, video). AEM also includes materials and technologies usable for learning across the widest range of individual variability, regardless of format or features. Whether a material or technology is designed from the start to be accessible for all learners or is made accessible for learners with disabilities, it is considered AEM ( aem.cast.org).

Examples

Examples of AEM include:

(A) printed materials in specialized formats
(B) accessible digital materials and technologies.

Printed materials, such as textbooks, manuals, workbooks, paper assessments, and handouts, may be converted to make them accessible to eligible learners.

Assistive Technology vs. Assistive Educational Materials

What’s the difference between AT and AEM? How are the two related?

AT provides the tools to access content, while AEM ensures the content itself is accessible. In Connecticut schools, AEM and AT serve different but complementary roles in supporting students with disabilities. Learn more here!

Eligibility

Individuals are eligible to receive AEM under the Individuals with Disabilities Education Act (IDEA) if, regardless of any other disability, they have a diagnosis of

(A) blindness;
(B) visual impairment or perceptual or reading disability that cannot be improved to give visual function substantially equivalent to that of a person who has no such impairment or disability and so are unable to read printed works to substantially the same degree as a person without an impairment or disability; or
(C) are otherwise unable, through physical disability, to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading.

The IDEA specifically focuses on accessible formats of printed instructional materials and includes timely provision of accessible formats to students who need them.  The four accessible formats included in IDEA are braille, large print, audio and digital text (www.aem.cast.org). Digital materials and technologies are considered to be accessible when they can be used by anyone, including people with disabilities. 

From the start, materials are designed so that they can be directly used without assistive technology or made usable with assistive technology (adapted from AccessibleTech.org). Digital materials, such as websites, ebooks, podcasts, and videos, are media-rich sources of course content, meaning that they may include text, audio, video, graphics, and require interaction. 

Technologies include any hardware devices or software programs that provide learners with access to the content contained in digital materials. In other words, technology can be both the learning materials and the systems that deliver them. Web-based applications, social media, video players, simulation programs, adaptive learning platforms, learning management systems, tablets, smartphones, and computer stations are all examples of technology-based delivery systems (www.aem.cast.org).

Technology and Design Considerations

Digital materials and technologies are considered to be accessible when they can be used by anyone, including people with disabilities. From the start, materials are designed so that they can be directly used without assistive technology or made usable with assistive technology (adapted from  AccessibleTech.org).

Digital materials, such as websites, ebooks, podcasts, and videos, are media-rich sources of course content, meaning that they may include text, audio, video, graphics, and require interaction. Technologies include any hardware devices or software programs that provide learners with access to the content contained in digital materials. In other words, technology can be both the learning materials and the systems that deliver them. Web-based applications, social media, video players, simulation programs, adaptive learning platforms, learning management systems, tablets, smartphones, and computer stations are all examples of technology-based delivery systems ( aem.cast.org).

Recent Changes to AEM Legislation and Practice

Competent Authority Expanded

Eligibility must be certified by one of the following: doctor of medicine, doctor of osteopathy, ophthalmologist, optometrist, psychologist, registered nurse, therapist, and professional staff of hospitals, institutions and public or welfare agencies (such as an educator, a social worker, case worker, counselor, rehabilitation teacher, certified reading specialist, school psychologist, superintendent, or librarian).

Recent Changes in Copyright Law and Their Implications

The Marrakesh Treaty has resulted in changes to the disability categories used to determine eligibility for National Instructional Materials Accessibility Standard (NIMAS)-derived materials. The Library of Congress is developing procedures for implementing these changes. Additionally, the term “accessible formats” replaces “specialized formats.” The terms “eligible person” and “accessible formats” are now used in relation to the NIMAS provisions of IDEA.

In 2018, the Marrakesh Treaty Implementation Act (MTIA) was signed and implemented.  Amendments were made to section 121 of the Copyright Act, 17 U.S.C. § 121. In 2020, Congress consolidated the Appropriations Act and amended the 1931 Act to Provide Books for the Adult Blind (2 U.S.C. § 135a) to incorporate the definitions found in 17 U.S.C. § 121

Changes to the Definition of ‘Blind Persons or Other Persons with Print Disabilities’ 

The Individuals with Disabilities Education Act (IDEA) defines the term “blind or other persons with print disabilities” in 20 U.S.C. §1412(a)(23)(E)(i). The IDEA part B regulation at 34 C.F.R. § 300.172(e)(1)(i) incorporates the IDEA statutory definition. The term “blind persons or other persons with print disabilities” has been removed from the Copyright Act and replaced with the term “eligible person.” “‘Eligible person’ means an individual who, regardless of any other disability—

(A) is blind;
(B) has a visual impairment or perceptual or reading disability that cannot be improved to give visual function substantially equivalent to that of a person who has no such impairment or disability and so is unable to read printed works to substantially the same degree as a person without an impairment or disability; or
(C) is otherwise unable, through physical disability, to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading.” 17 U.S.C. § 121(d)(3).

Changes to the Definition of ‘Specialized Formats’ 

The term “specialized formats” is defined in the IDEA at 20 U.S.C. § 1412(a)(23)(E)(iii), and IDEA’s definition cross-references the Copyright Act. The IDEA Part B regulations at 34 C.F.R. § 300.172(e)(1)(iv) also incorporate this IDEA statutory definition. As a result of changes made to the Copyright Act, 17 U.S.C. § 121, the term “specialized formats” has also been removed and replaced with the term “accessible format.” “‘Accessible format’ means an alternative manner or form that gives an eligible person access to the work when the copy or phonorecord in the accessible format is used exclusively by the eligible person to permit him or her to have access as feasibly and comfortably as a person without such disability as described in paragraph (3).” 17 U.S.C. § 121(d)(1).

Resources and Downloads

Recommended Purchase Order Language

When your district submits its order for textbooks, it is recommended that the following language be included in the contract:

By agreeing to deliver the materials marked with “NIMAS” on this contract or purchase order, the publisher agrees to prepare and submit, on or before __/__/__, a NIMAS file set to the NIMAC that complies with the terms and procedures set forth by the NIMAC. (IDEA Title I, Part D, sec. 674(e)). The publisher also agrees to mark up materials eligible for NIMAS submission that contain mathematical and scientific instructional content by using the MathML3 (refer to latest applicable version) module of the DAISY/NIMAS Structure Guidelines as posted and maintained at the DAISY Consortium web site. Should the vendor be a distributor of the materials and not the publisher, the distributor agrees to notify the publisher immediately of its obligation to submit NIMAS filesets of the purchased products to the NIMAC. The files will be used for the production of alternate formats as permitted under the law for students with print disabilities (IDEA Title I, Part B, sec. 612(a)). Should the vendor be a distributor of the materials and not the publisher, the distributor agrees to immediately notify the publisher of its obligation to submit NIMAS file sets of the purchased products to the NIMAC. The files will be used for the production of alternative formats, as permitted under the law for students with print disabilities.

This is page __of __of this contract or purchase order.

External Links

The following links to external websites have been determined to be helpful to those learning more about Accessible Educational Materials (AEM).

• NIMAS Terms Clarified Post Marrakesh
• Introduction to Accessible Educational Materials and Technologies
• How to Make Your Documents Accessible
• How to Locate Captioned Videos and Caption Your Own
• How to Find Specialized Formats of Print Materials
• How to Select Accessible Digital Materials
• NIMAC FAQ
• Accessible Media Producers FAQ
• Bookshare FAQ
• Learning Ally FAQ
• National Center on Accessible Digital Educational Materials & Instruction (NCADEMI)

Contact Information

The following agencies offer training and/or technical assistance for AEM-related topics:

For more information

For all inquiries, please email aem@ctserc.org