Section R277-800-8 - Utah State Instructional Materials Access Center(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;(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 L E A 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 cannot 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 audiobooks 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.Utah Admin. Code R277-800-8
Renumbered from R277-800-10 by Utah State Bulletin Number 2014-23, effective 11/10/2014Amended by Utah State Bulletin Number 2017-20, effective 9/21/2017Amended by Utah State Bulletin Number 2020-04, effective 2/7/2020Amended by Utah State Bulletin Number 2021-07, effective 3/11/2021Amended by Utah State Bulletin Number 2023-12, effective 6/7/2023Amended by Utah State Bulletin Number 2024-16, effective 8/7/2024