By Erica S. Perl, Esq.
"Learning is the goal. Print is only one manifestation."
The initial Policy, Property & Permissions meeting (entitled "Policy, Property and Permissions:
A Discussion of Accessible Curriculum Materials") was held on October 17-18, 2002 at Harvard Law School.
This meeting was conceived of, developed and sponsored by the Berkman Center for the Internet and Society
at Harvard Law School, The Harvard Children's Initiative (HCI), the National Center on Accessing the
General Curriculum (NCAC) at the Center for Applied Special Technology (CAST), and the Association of
American Publishers (AAP). Participants included representatives from major publishers of K-12 textbooks
and other curricular materials as well as intellectual property attorneys, academics, and technology
developers.
The immediate focus of the meeting was to determine the best ways to meet the needs of " currently
eligible" (which, under the Chafee Amendment to the Copyright Law,1 means print-disabled) students for
digitized versions of textbooks without infringing on copyright holders' rights. The group also
explored the long-range issue of imbedding digital curriculum materials with features and supports that
could enable them to be used to help all students access the general curriculum to the fullest extent
of their capabilities.
Ultimately, the group decided to prepare a series of white papers to address specific factual and
legal issues raised at the meeting.
One such issue was deciphering the various methods for ordering, producing, and obtaining accessible
versions of curriculum materials for K-12 students with print disabilities in different states. The group
discussed the divergent ways that individual states handle student needs for such materials, as well as
the range of laws, funding structures and policy stances that states take on this issue. It was decided at
the meeting that the NCAC policy team should explore the range of state approaches to this issue and
circulate its findings on the ways in which accessible materials are ordered, produced and obtained in
several different states.
Toward this end, the NCAC policy team has pursued two research projects. The first project was a study
of the laws of all fifty states concerning accessible materials. The policy team determined that, although
many states are refraining from addressing this issue -- often due to a desire to wait and see if elements
of the federal Instructional Material Accessibility Act (IMAA) will be incorporated into the reauthorized
Individuals with Disabilities Act -- some states have enacted their own laws to set standards and enable
students to obtain accessible textbooks more quickly and easily.2 Information concerning these laws and
practices will soon be made publicly available through the NCAC website. In addition, the website will
provide links to the texts of relevant legislation and relevant contact numbers for further information.
The second project was a follow-up meeting specifically focused on the delivery of accessible materials
in different states. The meeting was held at CAST on May 2, 2003 and was organized and moderated by the
NCAC policy team. Participants included a small group of invited guests who are actively involved in the
ordering or production of accessible materials in five diverse states (California, Kentucky, Texas,
Massachusetts and New York) and the NCAC Policy team. The meeting was also attended by the NCAC's Project
Officer (a federal DOE/OSEP representative), representatives from RFB&D (Recording for the Blind &
Dyslexic, which is a major producer of digitally recorded textbooks)3 and representatives of CAST.4
This report, which is based on the NCAC policy group's independent research and the discussions which
were part of the May 2, 2003 meeting, was prepared to serve as the foundation of the NCAC Policy group's
white paper on ordering, producing and obtaining accessible versions of materials for K-12 students with
print disabilities. It is being provided to participants in both Policy, Property and Permissions
meetings to inform further discussions concerning accessible curriculum materials.
Since July, 2002 the law in Kentucky has required the state DOE to give preferential procurement status
to textbook and instructional materials from publishers who make their materials available in accessible
format for students with disabilities.6 Since July 2003, all publishers whose textbooks have been adopted
must provide specified computer files or electronic versions of the items suitable for the creation of
alternative format materials.
The stated purpose of the law is as follows:
...to assure, to the extent feasible, that all students with disabilities in the public schools
kindergarten through grade twelve (12) who require reading accommodations in accordance with an
individualized education program or... Section 504 Plan, including but not limited to students who
are blind, visually impaired, or who have a specific learning disability as defined in KRS 157.200 or other
disability affecting reading, shall have access to textbooks and instructional materials as
defined by administrative regulations of the Kentucky Board of Education in alternative formats that are
appropriate to their disability and educational needs (emphasis added).7
The instructional materials provision has three levels of compliance:8
- Level 1: Full Compliance: (XML, XHTML or HTML format)
- electronic file can be converted into anything
- most amount of flexibility for expansion
- file format compatibility
- Level 2: Provisional Compliance: (RTF or Word format)
- electronic files can be converted into almost any format
- Level 3: Marginal Compliance: (Unlocked PDF)
- the electronic files have a marginal level of accessibility
Kentucky's accessible materials law is viewed as a very progressive law because it requires the state
DOE to only accept textbook and instructional materials for the state adoption list after the publishers
make their materials available in accessible format for students with disabilities. Schools learn about
accessible products' formats and features (i.e., Level 1, 2 or 3). Vendors send sample text to schools and
districts so that teachers can be "better consumers" and examine the materials. Then, textbook reviewers
from the State Textbook Commission create a recommended adoption list of titles. In addition, Kentucky's
law defines print disabilities broadly, allowing for the provision of alternative versions of materials to
a wide range of students.
Kentucky is also interested in moving toward the use of digital curriculum as opposed to digital
versions of static texts. There is a virtual high school and distance learning projects are being explored.
In addition, Kentucky offered the first accessible web-based version of its state assessment (Commonwealth
Accountability Testing System, known as "CATS Online") for use as an accommodation by eligible students
with print disabilities in April of 2003.
2. Ordering, Producing and Obtaining Accessible Materials in Kentucky
One of the questions we presented to each of the state representatives at the May 2, 2003 meeting was:
"How are Accessible Versions of Textbooks Ordered, Produced or Obtained in your state?" Preston Lewis at
the Kentucky Department of Education responded on behalf of Kentucky, elaborating on the way that the
current resource delivery system works and the way that the law facilitates the use of accessible materials.
The state of Kentucky has devoted funding to establish the Kentucky Accessible Materials Consortium
(KAMC) at the University of Louisville. The KAMC is charged with serving as the central repository of
accessible digital text, and reproduces and distributes these files to eligible students with print
disabilities. The KAMC is currently reproducing and distributing digital versions of textbooks produced by
the Universal Learning Center (ULC) at CAST. As a result of the new state accessible materials law, the
KAMC is also in the midst of receiving and conducting an accessibility review of publisher files for
materials tentatively approved for the 2003 State Adoption in the area of Practical Living and Vocational
Studies (PLVS). These files will be available for distribution in 2004. Schools in need of these digital
versions are required to appoint a Digital Rights Manager (DRM) to be responsible for monitoring local
compliance with copyright provisions for use of these materials by authorized students. The DRM and school
principal may then submit a request for the digital files in the KAMC repository once written assurances
committing to upholding copyright protections are received from the school. Each school year a new content
area is up for state adoption, so in five years all content areas will have been provided by publishers in
accessible digital format for statewide distribution.
A source used by Kentucky to determine which materials need to be digitized is the Digital Text Network
(DTN). The digital text network is a closed website. In order to access it, teachers need to provide a set
of assurances pertaining to copyright. It allows teachers to post what they need in digital formats, to see
who else has digital versions of the materials they need and to share files. The state DOE also uses it to
group and monitor what materials are needed and what patterns of use are emerging. Already, the DOE has
observed districts changing what texts they are using based on what is available in an accessible format.
3. Identified Challenges and Concerns
The major challenge for Kentucky has been creating the regional and local support networks to facilitate
teachers' awareness and use of digital curriculum. The state has enlisted the support of its eleven regional
special education cooperatives. Each cooperative has been required to identify a Literacy/UDL Coordinator.
These coordinators will assist their member schools in the installation and use of needed hardware and
software, as well as in the identification of local and or regional content that needs to be made a part of
the state digital repository (KAMC). Because curriculum is determined at the local and regional level, a
considerable portion of it is often unique to each district and region.
In addition, although almost 1,000 Kentucky schools have acquired a site license for textreader software,
assistance is needed from the regional UDL leaders in getting these site licenses utilized to their fullest
potential to increase access to the general curriculum. This is especially true for students being served
in inclusive settings.
B. New York
1. New York's Accessible Materials Law
Effective May, 2002, New York adopted a law pertaining to accessible materials.9 However, unlike Kentucky's
law, New York's law contains no publisher requirements.10 Rather, it places responsibility on each school
district to establish and maintain a written plan outlining how they will provide modified instructional
materials to students with special needs at the same time that their peers receive the materials. Districts
do not have to submit their plans to the Department of Education, although they have to make them available
on request.11
The purpose of the legislation is to help students with special needs obtain accessible materials in a
timely fashion. The current system was designed to require districts to plan in advance for a wide range of
potential student needs, even if they do not have students currently in need of alternative format versions
of instructional materials. The law does not specify which disabilities should be contemplated. This allows
districts to take a broad approach to the issue and plan to meet the needs of a wide range of students.
Consequently, each individual district is free to choose acceptable formats and decide the eligibility of
specific disabilities for itself.
In New York, there is no formal clearinghouse where the districts can get materials, but there is a
resource center at the School for the Blind in Batavia, NY. At the resource center, people from any New
York district can ask staff for recommendations on where to get books or materials in alternative formats.
In addition, the school maintains a lending library repository and provides technical assistance to
districts. However, all of their materials are in Braille or large print.12 This resource center has been in
place for many years, well before current state legislation was adopted. However, the resource center is
not responsible for maintaining any data or information on what is being sought or by what district.
2. Ordering, Producing and Obtaining Accessible Materials in New York
At the May 2, 2003 meeting, Fred DeMay and Dan Ryan of the New York DOE, Office of Vocational and
Educational Services for Individuals with Disabilities (VESID) participated by telephone. They elaborated
on the impact of New York's accessible materials law and the ways in which accessible materials are
obtained in New York.
Under the current system, the cost of procuring alternative format versions of instructional materials
is carried by the individual districts. The districts have resources either through quota or state funds.
There is no centralized ordering or resource-sharing process, nor is there a statewide digital text
sharing network. The usual practice is to check with the State School for the Blind before seeking
materials through other channels, but there is no requirement that this be done. In addition, if a teacher
in one district scans a book for a student to use, there is no place for him or her to put it for the
future use of others. Nor is there any formal process for the teacher to notify others (in the same
district or in the state) that he or she has a digital copy of the scanned book.13
3. Identified Challenges and Concerns
One concern regarding the current system is the fact that there is no formal mechanism for inter-district
communication. In addition, the current law does not require any level of centralized sharing of resources
and information. Consequently, efforts are duplicated in many districts. Because the state does not
formally monitor the districts' plans, there seems to be the potential for some districts to ignore the law
or draft plans which are inadequate to meet students' needs.
Moreover, due to discrepancies in districts' resources, the level of services provided may be quite
inconsistent from district to district. This could easily work to the detriment of students in districts
with fewer resources or higher levels of student need. This problem may be compounded by the fact that the
state is not monitoring compliance with this law nor providing additional funds to districts that are
experiencing difficulty meeting students' needs for accessible materials.
C. California
1. California's Accessible Materials Law
California's Education Code now requires publishers to provide e-files of any textbooks they sell in the
state. California requires publishers to provide files that are compatible with what's being used (in the
print version of textbooks) in terms of function, not just detailed specifications. Currently, most
publishers are submitting rich text files because XML is not workable yet.
Although publishers are required to provide text files of the textbooks, they are not required to
provide files for ancillary materials such as worksheets and workbooks. A central state repository, the
Clearinghouse for Special Media and Technology (CSMT), is run by Rod Brawley, who participated in the
May 2, 2003 meeting by telephone. He reported that it routinely takes three months or so to get all of the
files on an adopted textbook. However, he noted that he usually receives acceptable specifications for RTF
(rich text file) format. The publishers have attempted to be cooperative with the law's requirements,
although some of the rich text files did not work well. With the help of transcribers, the Clearinghouse
has been able to identify general specifications and work with the publishers to make the rich text files
more usable. The publishers are also required to provide eight copies of the print resource, so the
Clearinghouse produces, in sequence, textbooks, workbooks, library sets. These items are maintained in the
CMST's large warehouse.
In addition, a new bill (SB 842) was introduced in February, 2003 and passed in September, 2003. The
Council for the Blind co-sponsored SB 842 and there was no strong opposition. The goal of this legislation
is not to require publishers to go back and retrofit existing textbooks. Rather, it is to encourage
publishers to build accessibility into future editions. The legislation requires publishers of instructional
materials produced after January 1, 2005 to make such instructional materials more accessible to students
with disabilities.14
2. Ordering, Producing and Obtaining Accessible Materials in California
The textbook purchasing system in California for standard printed textbooks works as follows: California
is an adoption state for K-8 (high school resources are adopted at the local level) and adopts on a seven
year cycle (one subject per year): math, reading/language arts, history/social studies, science, health,
performing arts, foreign language (grades 6-8 only). Once textbooks are adopted (currently, there are about
3,000 adoptions), schools can order them from the publishers. The state of California does not print any
standard printed textbooks.
Teachers that want to order accessible versions of adopted books go through the state-supported
Clearinghouse for Special Media and Technology (CSMT), which maintains an on-line catalog as well as a
physical library. CSMT obtains teaching materials from publishers (e-files), by ordering transcriptions,
by buying Braille and by publishing its own resources: Braille,15 large print, and books on tape (CSMT has
in-office recording studios) in 2-track and 4-track formats. CSMT also has a library of approximately 300
videobooks, which are K-12 videos of a book being read aloud, with closed captions and a reader signing
along with each page. The Clearinghouse is also exploring on-line access, MP-3's and other formats and
methods of distributing accessible versions of curriculum materials.
For materials other than textbooks, the Clearinghouse struggles to produce and adapt as much curricula
as it can. For example, the office seeks to modify videos, websites and specific software to make them more
accessible. The office also maintains a library of American Sign Language Video Books, which include
footage of children signing stories next to images from the books themselves. However, these videos are no
longer in active production, despite the high demand for them from California schools.
The Clearinghouse distributes its materials to all California public schools at no cost to the schools.
It serves high schools, too, but does not stock their inventory (since they do not follow a statewide
adoption system). A statewide on-line sharing system (a list service known as "Braille and Teach") forms
the basis of the high school Braille reimbursement program. Participants must first see if the book they
need can be borrowed via "Braille and Teach." If it cannot, the participant can buy the item via Louis and
submit a claim for reimbursement through CSMT (the claim must include proof that a loan was attempted prior
to purchase). According to Rod Brawley, this system is "working beautifully."
In terms of eligibility for the CMST's services, disability is defined broadly. Students with visual
impairments are obviously eligible. So are students with learning disabilities beyond visual impairments.
The Clearinghouse has also sought to open up its recordings distribution system to all students who can
benefit from the use of such resources. This includes students in other states who are unable to locate
needed resources through other channels.
According to Rod Brawley, the time frame from the placement of a request to the receipt of materials
varies considerably. If the Clearinghouse has an item, it can be picked up in Sacramento at media library
or shipped. If it needs to be produced, this can take time. Routinely, the CMST produces alternative format
versions of materials in anticipation of the need as opposed to in response to the need. Brawley notes,
"It costs a little more, but it is the only way we have a chance of getting books to the students in a
timely manner."
The CMST is federally funded through the California Department of Education's
Special Education Division. California has "Low Incidence Funds" for students who are hearing impaired,
visually impaired, severely orthopedically impaired, or any combination thereof. Additionally a portion of
California's Instructional Materials Fund supports the production and dissemination of CSMT's Braille,
large print, recordings, and ASL VideoBooks. Local Education Agencies may also contribute money to the
CMST, but they are not required to pay for state adopted textbooks. The cost of producing or transcribing
materials varies widely, depending on the length of the book and the needed format. Brawley recalls that
the transcription of an algebra book for $20,000 was the most expensive they had transcribed.
3. Identified Challenges or Concerns
Because California has such a well-established and comprehensive system, it works quite smoothly.
However, one persistent issue for the Clearinghouse concerns International Standard Book Numbers (ISBN's).
Often, the ISBN used to identify a book for adoption purposes differs from that used by publishers
(sometimes due to revisions or subsequent printings), which requires research and slows down the book
production and transcription processes. Moreover, the differences between editions of a book may be as
small as a change to the title page. However, if the ISBN has been changed (despite the lack of substantive
changes to the material the book contains), the Clearinghouse may spent considerable funds and resources
unnecessarily re-duplicating the book.
D. Massachusetts
1. Massachusetts' Accessible Materials Law
Massachusetts has no state law requiring publishers to provide e-files for students with print
disabilities.
2. Ordering, Producing and Obtaining Accessible Materials in Massachusetts
At the May 2, 2003 meeting, questions regarding the practices of the state of Massachusetts were
fielded by Carrie Brasier, Library Director of The Massachusetts Vision Resources Library. The Library
provides Braille and large print materials to visually impaired students. The Library views textbooks as a
priority but will provide Braille versions of worksheets and supplemental materials as funding and time
permit.16
Because Massachusetts is not an adoption state, it is up to each district to provide accessible materials
to students that need them. According to Brasier, Massachusetts has the sixth highest population in the
country of visually blind students. Approximately 2,000 K-12 students in Massachusetts receive
funding-federal quota funds for APH materials (235 of these students use Brailled materials).
As a rule, Local districts do not independently provide their own Braille/large print texts. Rather,
teachers seek materials through the Vision Resources Library. It should be noted that the Library receives
no state funding. The Library's annual budget is $350,000 from the federal DOE/OSEP.
Brasier and her staff (two other full-time employees) obtain materials through a variety of sources.
They contract to have textbooks transcribed.17 They also rely on the Louis repository and they purchase books
from across the country and from Canada. To meet districts' needs, Brasier requires that requests be
submitted in March for textbooks to be used in September. Brasier also encourages local districts to put
specific language in their contracts with publishers so that electronic files will be provided up front.
Brasier notes that "When teachers request disks, they take whatever they can get." Consequently, she makes
it her practice to accept whatever the publishers are willing to provide, which is usually ASCII. She has
found that publishers are usually responsive to her inquiries and requests, so she routinely contacts
publishers directly.
3. Identified Challenges and Concerns
Brasier echoes the concern raised above with regard to California's system in terms of wasting
efforts and resources to duplicate nearly identical books with disparate ISBNs. She also has found that
because transcribers are allowed to retain the rights to the files they prepare (and can profit by
re-selling the files to others who need the same resources), this limits the likelihood of file-sharing.18
Brasier also noted that although her office does not officially serve (and is not funded to serve)
students with print disabilities beyond visual impairments, she tries to help all print-disabled students
that seek assistance. She is unaware of whether there is any Massachusetts organization or division of the
state DOE devoted to providing accessible materials to learning disabled and physically impaired students
who cannot access traditional textbooks. In preparation for the May 2, 2003 meeting, she contacted the
state DOE to try to find a representative to address this issue, but no one responded to her inquiries.
The NCAC Policy team encountered similar problems when trying to find a Massachusetts authority to address
this issue.
E. Texas
1. Texas' Accessible Materials Law
Texas was the first state to pass a law requiring publishers to provide e-files. At first, the law was
limited to Braille, but it was later expanded to include modifications for non-visually-impaired students
with print disabilities, such as dyslexia. Texas Education Code, Section 31.028 (b), states:
The publisher of an adopted textbook shall provide the agency with computerized textbook files for the
production of Braille textbooks or other versions of textbooks to be used by students with disabilities,
on request of the State Board of Education. A publisher shall arrange computerized textbook files in one
of several optional formats specified by the State Board of Education.19
In addition, Texas State Board of Education rules [Texas Administrative Code (TAC), Title 19, Part II,
Chapter 66. State Adoption and Distribution of Instructional Materials] further direct that:
(c) On or before the deadline specified in the schedule for the adoption process, each publisher of
newly adopted instructional materials shall provide computerized files as specified in the proclamation to
be used for producing Braille or other versions of materials to be used by students with disabilities. All
information contained in adopted instructional materials shall be included on the computerized files.
Computerized files may be copied and distributed to a school district, upon request, for instructional use
with a student with disabilities who requires the use of computerized instructional materials, pursuant to
an individualized plan developed for the student under the Rehabilitation Act, §504; the Americans with
Disabilities Act; or the Individuals with Disabilities Education Act.20
2. Ordering, Producing and Obtaining Accessible Materials in Texas
At the May 2, 2003 meeting, Texas was represented by Jim Allan of the Texas School for the Blind and
Visually Impaired and Chuck Mayo of the Texas Education Agency.21 They noted that the state of Texas is an
adoption state. In order to participate in an adoption in Texas, publishers must provide computerized files
of adopted print textbooks for production into Braille. Included in each proclamation (call for bids for
instructional material from the publishing industry) is a section on accessibility information for that
particular proclamation.
The current proclamation, Proclamation 2001 (state adoption 2003, school implementation 2004-2005),
includes specifications for producing computerized files for the production of Braille textbooks.22 In
Proclamation 2002 (state adoption 2004, school implementation 2005-2006), there are also requirements for
producing accessible web-based, CD-ROM, and DVD-based textbooks. According to Chuck Mayo of the Texas
Education Agency (TEA), Proclamation 2002 may be altered in format before actual state adoption, especially
given the current budget crisis, but accessibility requirements should survive.23
In Texas, orders for all textbooks are submitted to the TEA. The Texas School Districts send their
orders on-line and they are categorized by publisher in the central TEA. To order alternative format
versions of curriculum materials, teachers contact their school district's textbook coordinator. Textbook
coordinators, in turn, place their districts' orders for Braille or large type materials via the Internet
using an automated online system (EMAT). State school districts send their orders for audiotape materials
directly to Recording for the Blind and Dyslexic.24
If a teacher is interested in receiving computerized files, the district notifies the Texas Education
Agency (TEA) of their need and the agency checks on the availability of the requested files. A letter is
sent to the school district superintendent stating copyright guidelines the district is expected to follow.
If the superintendent agrees to comply with all the guidelines, he/she signs the letter and returns it to
TEA. TEA then places the orders with the organizations that house the files.25 Texas does not share
electronic files with other states, due to intellectual property concerns. However, Texas has encouraged
its contractors and transcribers to sell materials to other states.
With regard to funding, Texas does not have an existing or pending law or bill providing money for
instruction of teachers or students regarding the use of alternative format versions of textbooks.26 Braille
or large print textbooks are provided free to the school districts through $2 million dollars in funding
that is disbursed bi-annually. It should be noted that it costs approximately $7,500 to transcribe a
Braille master copy of 500 page book. Then the book is maintained on open forum and copies can be produced.
Texas has increasingly sought multimedia versions of adopted textbooks (see Proclamations 2001 and 2002,
supra). Sometimes, this has resulted in resistance from publishers, particularly since Texas seeks
voluntary rather than mandatory compliance with its accessibility guidelines. However, even when publishers
provide multimedia versions of textbooks, there can be problems in the schools because the infrastructure
required to get the computer-based products up and running and to teach the teachers and students to use
them are not necessarily in place.
3. Identified Challenges or Concerns
One difficulty confronting educators and accessible materials providers in
Texas is the fact that the state does not have a single state clearinghouse
for accessible versions of curriculum materials. Requests are channeled through
the Texas Education Agency and forwarded to the appropriate Braille producer
that houses those materials. However, since there are only three Braille Production
Centers in the state, there is often a "feast or famine" situation. Producers
rush for September deadlines and then everything slows down. Jim Allen suggests
that there needs to be a system set up for better work-flow year-round.
In addition, Texas struggles with finding high quality transcribers, especially for science and math
textbooks (e.g. Nemeth Code transcribers). This is a problem that was echoed by the representatives of
several of the states that were represented at the May 2, 2003 meeting. There seems to be a nationwide
shortage of high quality transcribers.
F. The Role of Accessible Materials Providers
Example: RFB&D
Recording for the Blind & Dyslexic (RFB&D) began as a voluntary organization in the post-WWII
years for G.I. Bill veterans with disabilities. The national group, then known simply as "Recording for the
Blind" began recording books for the visually impaired and this informed its continuing focus on recording
textbooks. The group serves students from kindergarten through graduate school. It also serves a significant
number of blind or visually impaired non-students because it produces books not available in the commercial
marketplace. According to the group's president, Dick Scribner, "We've always had a lot of cooperation from
the publishing community. We've earned this by being very respectful of their interests. We are focused on
specific needs."27
In 1995, the group added "& Dyslexic" to its title due to its growing awareness that learning through
listening helps groups other than the visually impaired. As George Kerscher notes, many learning disabled
students hold a book and listen at the same time. Dual reinforcement helps them with comprehension. Because
they receive this support and do not need to decode words, their enjoyment and comprehension is heightened.
The organization currently has 32 recording studios throughout the country. Books are read by 5300 active
volunteers. The volunteers record the entire books except for the indexes. They also provide verbal
descriptions of all charts, graphs and other non-text elements. Length of recording varies considerably.
To record a textbook, it takes a reader anywhere from a month to a number of months if it's a long technical
book. For the year ending June 30, 2003, 260,000 copies of books were distributed to be used by
approximately 130,000 individuals in every state. In addition, RFB&D maintains a library with
approximately 93,000 titles. The group will add approximately 4,000 new books to its library this year.
The group is currently recording all of its books in digital format to offer more robust search features
and improved navigation. This also permits the user to speed up or slow down the reading speed without
voice distortion.
Financially, the group derives support from a mix of sources. For a long time it was funded by private
philanthropy and that remains a major component of its funding. However, according to Dick Scribner,
RFB&D's President, "We began to realize that if we were ever going to serve more people, we were going
to need other sources of support." Currently, RFB&D receives direct funding from the federal government,
as well as from several individual states through a variety of contracts. For example, the state of New
York, as previously noted, has a contract with RFB&D. Also, RFB&D receives fees from certain
individuals, schools and counties for the use of its libraries.
Users still need special readers to access RFB&D's recorded books. Books are currently produced on
compact disks (44 hours on one CD is equivalent to 11 tapes) as well as the traditional analog tape format.
Each digital user receives a RFB&D key and PIN (personal identification number) to unlock the book.
This is intended to prevent unauthorized copying. The DAISY player also has the capacity to play mp3 files
and regular compact discs.
III. Wrap-Up: Common Threads and Issues Remaining with Regard to Ordering, Producing and Obtaining
Accessible Materials for K-12 Students with Print Disabilities
-
Duplication of effort within states and across states.
-
Much of the curriculum needed by print-disabled students remains outside of the text.
-
Problems of advance notice (and lack thereof) for production last minute scrambling to produce
books, delays and quality deficiencies that may result.
-
State policies vary re: funding, importance of regionalism, attitudes on sharing. Much greater
potential for sharing exists than is realized, but major problem is funding (although intellectual
property issues remain as well).
-
Conflicts of needs and goals of learning disabled and visually impaired communities. If reform
efforts focus on texts, they won't be driven by digital curriculum but by digital texts, which still
leaves problems for visually impaired students. However, much of current funding, policy and state law
focuses on blind and low vision.
- Publishers historically have not treated accessible materials as a marketable product.
- But, says Jim Allan, 1/10th of 1% = Braille readers. Add LD and it's more significant. Turn
captions on and you're helping LD, ESL, Chapter II kids, Title I and alternative learning styles = 45%
of population in TX at least and in some districts it's almost 90% of students. That's a market!
- But eligibility diagnosis framework from IDEA and narrow Copyright Law lock in current system.
- Can we shift it to a market framework as opposed to eligibility diagnosis? So UDL. Rights look
different when you have dollars on the table. We need to nail down what are the current costs.
- No national standard for transcribers. It varies and people interpret it differently. They are
trying to create a statewide standard in California, says Rod Brawley. Role of tagging? Importance of
skilled transcribers, state formatting, support systems.
- Should publishers be responsible for doing the Brailling? David Rose suggests that perhaps they
should.
IV. Appendixes
A. May 2, 2003 Meeting Participants
Jim Allan
Statewide Technical Support Specialist
Texas School for the Blind and Visually Impaired
1100 W. 45th Street
Austin, Texas 78756
Tel: 512-206-9315
Fax: 512-206-9453
Email: allanj@tsbvi.edu
http://www.tsbvi.edu/
Carrie M. Brasier
Library Director
Vision Resources Library
3 Randolph Street
Canton, MA 02021
Tel: 800-827-7772
Fax: 781-575-9601
Email: cmyers@mavisionlib.org
Rod Brawley
Director
California Clearinghouse for Specialized Media and Technology
560 J Street, Room 390
Sacramento, CA 95814
Tel: 916-445-5103
Fax: 916-323-9732
Email: RBrawley@cde.ca.gov
Jessica Brodey
Leslie Harris & Associates
2120 L Street, NW
Suite 400
Washington, DC 20037
Tel: 202-478-6311
Email: jbrodey@lharris.com
Fredric DeMay
Coordinator
VESID, Program Development and Support Services
Senior Project Manager, NY State Improvement Grant
One Commerce Plaza, Room 1624
Albany, New York 12234
Tel: 518-486-7462
Fax: 518-473-5387
Email: fdemay@mail.nysed.gov
Grant Devine
Harvard College student
Intern, Harvard Children's Initiative
Email: devine@fas.harvard.edu
Deborah Gordon
Harvard Law School student
Research Assistant, Harvard Children's Initiative
Email: dgordon@law.harvard.edu
Chuck Hitchcock
Chief Education Technology Officer/ Director
National Center on Accessing the General Curriculum (NCAC)
CAST
40 Harvard Mills Square, Suite 3
Wakefield, MA 01880-3233
Tel: 781-245-2212 x233
Fax: 781-245-5212
TTY: 781-245-9320
Email: chitchcock@cast.org
Richard Jackson
Associate Professor and Director of Projects in Low Incidence Disabilities
Boston College
Senior Research Scientist
CAST
40 Harvard Mills Square, Suite 3
Wakefield, MA 01880-3233
Email: rjackson@cast.org
Bonnie D. Jones, Ed. D
Research Analyst, Office of Special Education Programs
US Department of Education
330 C St., SW, Switzer, Room 3515
Washington, DC 20202-2641
Tel: 202-205-8649
Fax: 202-205-0376
Email: Bonnie.Jones@ed.gov
George Kerscher
RFB&D
1203 Pineview Drive
Missoula, MT 59802
Tel: 406-549-4687
Fax: 406-549-6723
Email: kerscher@montana.com
http://www.montana.com/kerscher/
Preston Lewis
Program Services Branch,
Kentucky Department of Education
Capitol Plaza Tower
500 Mero Street
Frankfort, KY 40601
Tel: 502-564-4970
Fax: 502-564-6721
Email: plewis@kde.state.ky.us
Chuck Mayo
Manager, Braille Textbook Program
Texas Education Agency
1701 North Congress Avenue
Austin, TX 78701-1494
Tel: 512-463-9606
Fax: 512-475-3612
E-mail: cmayo@tea.state.tx.us
Martha Minow
Professor
Harvard Law School
NCAC Co-Director of Policy
1524 Massachusetts Avenue,
407 Griswold Hall
Cambridge, MA 02138
Tel: 617-495-4276
Fax: 617-495-1110
Email: minow@law.harvard.edu
Erica S. Perl, Esq.
NCAC Legal Research & Policy Advisor
Harvard Children's Initiative
126 Mt. Auburn Street
Cambridge, MA 02138
Tel: 617-496-4857
Fax: 617-495-1994
Email: Erica_perl@harvard.edu
David Rose
Co-Executive Director
CAST
40 Harvard Mills Square, Suite 3
Wakefield, MA 01880-3233
Tel: 781-245-2212 x237
Fax: 781-245-5212
Email: drose@cast.org
Dan Ryan
Coordinator
VESID, Program Development and Support Services
Senior Project Manager, NY State Improvement Grant
One Commerce Plaza, Room 1624
Albany, NY 12234
Email: dryan@mail.nysed.gov
Dick Scribner
President and CEO
RFB&D
20 Roszel Road
Princeton, NJ 08540
Email: rschribner@rfbd.org
Skip Stahl
Associate Director
Universal Learning Center/Chair, National File Format
CAST
40 Harvard Mills Square, Suite 3
Wakefield, MA 01880-3233
Tel: 781-245-2212 x249
Fax: 781-245-5212
Email: sstahl@cast.org
Ada Sullivan
Director of Development
CAST
40 Harvard Mills Square, Suite 3
Wakefield, MA 01880-3233
Tel: 781-245-2212 x223
Fax: 781-245-5212
Email: asullivan@cast.org
B. Additional Resources
National Center on Accessing the General Curriculum (NCAC)
www.cast.org/ncac
Recording for the Blind and Dyslexic (RFB&D)
www.rfbd.org
Kentucky Links and Contact Information
Links
Department of Education: http://www.kde.state.ky.us/
Special Education: http://www.kentuckyschools.net/KDE/Instructional+Resources/
Student+and+Family+Support/Exceptional+Children/default.htm
Kentucky Assistive Technology Service Network
Tel: (800) 327-5287
Contacts
Brenda Hauser,
Kentucky Department of Education
Tel: (502) 564-7056
Email: bhauser@kde.state.ky.us
Steve Noble
Policy Analyst, Kentucky Assistive Technology Service Network
Email: Steve.Noble@mail.state.ky.us
Tel: (502) 327-0022 x268
Judy Mallory
Tel: (502) 564-4970
Email: jmallory@kde.state.ky.us
New York Links and Contact Information
Links
Department of Education: http://www.nysed.gov/
Special Education: http://www.vesid.nysed.gov/specialed/
New York State Technical Assistance Center: http://math.buffalostate.edu/~tac/
Textbook Legislation: http://www.vesid.nysed.gov/specialed/publications/policy/afatt3.htm
Contacts
Laurie Munro
NYC Commission for the Blind and Visually Handicapped
Tel: (518) 474-6956
Rita Levay
Special Education Policy
Tel: (518) 486-7584
Warren Gleckel
Director
Technical Assistance Center
Tel: (716) 878-5311
Email: gleckewl@bscmail.buffalostate.edu
Jennifer Ervin
Superintendent
New York State School for Blind
Tel: (585) 343-5384
Dennis Mike
T.A.C. Reading/Special Education Consultant
Tel: (716) 878-5318
Email: mikedg@bscmail.buffalostate.edu
California Links and Contact Information
Links
Department of Education: http://goldmine.cde.ca.gov/
Special Education: http://goldmine.cde.ca.gov/spbranch/sed/
Clearinghouse for Special Media and Technology: www.cde.ca.gov/csmt
Contacts
Special Education Office
Tel: (916) 445-4613
Massachusetts Links and Contact Information
Links
Department of Education: http://www.doe.mass.edu/
Special Education: http://www.doe.mass.edu/sped/
Contacts
Marylyn Howe
Project Director
Massachusetts Assistive Technology Partnership
mhowe@matp.org
Myra Berloff
Acting Director
Massachusetts Office on Disability
Tel: (617) 727-7440, ext. 317
Texas Links and Contact Information
Links
Department of Education: http://www.tea.state.tx.us/
Special Education: http://www.tea.state.tx.us/special.ed/
Texas Assistive Technology Network: http://www.texasat.net/
Texas School for the Blind and Visually Impaired: http://www.tsbvi.edu/
Contacts
Robert H. Leos, Ph.D
Senior Director
Textbook Division
Tel: (512) 463-9601
Email: rleos@tea.state.tx.us
Deanna Marotz
Accessible Textbooks/Contracts/Web Page
Tel: (512) 463-9601
Email: dmarotz@tea.state.tx.us
Diana Carl, Assistive Technology
Email: dcarl@esc4.net
Footnotes
1Chapter I of Title 17, U.S.C.
2While the IMAA itself has been tabled, significant parts of the IMAA
are incorporated into the current IDEA bill, S 1248: Individuals with Disabilities Education
Improvement Act of 2003, which the Senate will consider this fall.
3Another invited organization was the American Printing House for the Blind (APH), which maintains
the Louis repository of accessible versions of textbooks. However, due to scheduling conflicts, APH
was unable to participate in this meeting.
4Contact information for meeting participants is provided in the appendix section of this
document.
5Preston Lewis of the Kentucky Department of Education provided invaluable assistance in the
drafting of this section.
6Initially, the law simply gave preferential treatment to publishers offering digital versions of
their products. Now, digital format editions are required or publishers cannot contract for book sales
with the state.
7It should be noted that no additional funding is provided to facilitate compliance with this law.
Districts receive textbook funds annually through separate funding mechanisms.
8The law also specifies acceptable formats. This is a rare provision in a state law and may have
to be adapted if a national file format is set or federal legislation passes that supercedes such a
requirement.
9Text of the law can be found at: http://www.vesid.nysed.gov/specialed/publications/policy/afatt3.htm
10There is, however, language in the law that encourages districts to give special consideration to
publishers who publish materials in alternative formats.
11New York also has a separate Braille-specific legislation.
12The resource center does have a teacher's aide who can do recordings, enlargement and translation
of some teacher-made materials. However, the resource center does not make widespread use of scanners.
13The state of New York does maintain a contract with RFB&D for the provision of recorded books
for all qualified New York students with IEPs.
14For text of the new legislation as well as the Senate and Assembly analyses, see http://info.sen.ca.gov/cgi-bin/postquery?bill_number=sb_842&sess=CUR&house=B&site=sen
15California has a state-central formatting effort for Braille. Other states and APH have invited formatters from California to teach strategies.
16Some school districts have scanners or paraprofessionals to handle these materials. Brasier can provide districts with a list of independent contractors the districts can contact to make accessible versions of workbooks if the Library cannot accommodate the district's needs.
17Brasier reports that it costs anywhere from $1,000 to $10,000 to transcribe a single textbook.
18Rod Brawley contributed that they have seen this problem in California, too.
19The complete text of the education code may be accessed at: http://www.capitol.state.tx.us/statutes/ed/ed0003100toc.html
20The complete text of the TAC can be found at the following web page: http://www.tea.state.tx.us/rules/tac/chapter066/index.html
21Chuck Mayo participated by telephone.
22See http://www.tea.state.tx.us/textbooks/proclamations/index.html to view Proclamation 2001 in its entirety.
23Regarding use of language like "requested" (as opposed to requiring publishers to provide electronic format etc.), Mayo states that "we intend to notify school districts of which publications are accessible, then let school districts decide what they want to adopt." He also notes that Proclamation 2002 can be distinguished from the IMAA because "IMAA is about textbooks; this (proclamation 2002) is more about materials that are already provided electronically."
24Inclusion of learning disabilities to the eligibility guidelines for accessible materials has allowed RFB&D's services in Texas to grow significantly.
25The TEA then submits a request to the repository where the file is kept, if there is a copy on file. Usually, these files are located in the Houston, Dallas or San Antonio repositories. They are then provided to the requesting school district with the direction that they be returned to the repository when finished. According to Mayo, if the material needed is already held in an electronic file format, the turn-around time is a matter of days.
26As Jim Allan of the Texas School for the Blind notes, quota funds are a line item in the federal budget that funds APHB and they set a dollar figure of approximately $200 per visually impaired student. Says Allen, "When you think about what Braille books cost, you run through that money really quickly." Particularly in Texas, which has 7,500 visually impaired students.
27For example, RFB&D's books are not supposed to be used for ESL.
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Page updated December 05, 2003

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