Copyright and the Decision Making Process Hello, As you consider using etext resources with our students with an identified disability the issue of abiding by Copyrght laws comes into play.

Who Qualifies? Chaffee Amendment to the Copyright Law People with print disability Certified by a competent authority Unable to read printed materials Visual impairment or blindness Physical limitations Organic dysfunction Not all students with reading difficulties qualify The Chaffee Amendment guides us through understanding the Copyright Law. The Chaffee Amendment focuses on individuals with identified print disabilities. To qualify one must be certified by a competent authority. Children that qualifiy are unable to read printed material. They may have visual impairments. Student’s with physical limitations may not be able to hold the book or turn the pages. The most interesting qualification are those with organic dysfunction. Individuals with learning disabilities may qualify under this category given the brain malfunction. It is important to keep in mind that not all students with reading difficulties will qualify under the Chaffee Amendment. Joy Zabala (2007) Closing the Gap joy@joyzabala.com

Consider Interpretations of “physical disability” or “organic dysfunction” IDEA 2004 Specific Learning Disability A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken, written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunctional dyslexia and developmental aphasia. As we attempt to understand the interpretation of “physical disability” or “organic dysfunction”, the definition of specific learning disability can be helpful. The definition clearly points in the direction of a physical basis lending support for the student to utilize copyright material. Joy Zabala (2007) Closing the Gap joy@joyzabala.com

IEP Team Responsibilities Determine if student needs instructional materials in an alternate format 1. review evaluation information 2. certify under Chaffee amendment 3. if not eligible under Chaffee Does student need instructional materials in alternative format? As you move through the process, we begin to understand that it is the IEP team’s responsibility to determine if and what the student needs. Joy Zabala (2007) Closing the Gap joy@joyzabala.com

IEP Team Responsibilities 4. Determine the alternate formats needed 5. Identify instruction, supports, services, and/or training needed by student and others 6. Obtain and prepare alternate forms Once determining that the student requires an alternate format, we can continue the process by identifying what the student requires and then of course obtaining it. Joy Zabala (2007) Closing the Gap joy@joyzabala.com

Accessible Instructional Materials Technology Based Reading Supports 5/26/2018 http://aim.cast.org The CAST organization has developed an online resource tool that will assist in determining if a student requires an alternative format and just what that might be. The AIM (Accessible Instructional Material) Navigator will help when you don’t know what to recommend. The framework offers a step by step process. There are many informative links that support understanding the process and outcome. Take a few minutes to visit this site to explore the resources. Accessible Instructional Materials Marsye Kaplan mkaplan@bcps.org

National Instructional Materials Accessibility Standard(NIMAS) “The National Instructional Materials Accessibility Standard(NIMAS) is a technical standard established by the Individuals with Disabilities Education Act (IDEA) that was created to make it possible for students with print disabilities to receive learning materials in formats they need as quickly as possible. NIMAS source les are designed to be easily converted into specialized formats, including braille, audio, large print, and digital text.” The NIMAS or National Instructional Materials Accessibility Standard allows for consistency in format of alternative materials. This standard has led to the creation of the NIMAC or National Instructional Materials Accessibility Center http://aim.cast.org/about_nimas_ctr

National Instructional Materials Accessibility Center (NIMAC) Federally funded National electronic file repository Maintain and advance the NIMAS http://nimac.us/ The NIMAC or National Instructional Materials Accessibility Center provides individuals and organizations a means of obtaining alternative format materials.

Key SETT Questions Does the Student need materials in alternative format? In which Environment? For which Tasks will the alternate format materials be used? What Tools will the students and others need? Formats, teaching, technology, training, accommodations, modifications The key SETT questions that you will want to ask yourself include: Does the student truly need materials in an alternative format? In what environment is the alternative format required? Which tasks will utilize the materials? And What are the tools required for success? Joy Zabala (2007) Closing the Gap joy@joyzabala.com

What about other students? Not certified under Chaffee Have difficulty learning information from printed materials Fair Use Policy Educational purposes No financial gain 1-1 correspondence with book For those students who do not qualify under the Chaffee amendment, we can look to considering resources under the fair use policy. The Fair Use Policy stipulates that if: The materials are being used for educational purposes There is no financial gain, and There is a 1-1 correspondence between the alternate format and the book Then the materials can be made available to the student. Joy Zabala (2007) Closing the Gap joy@joyzabala.com

Resources http://www.loc.gov/nls/reference/factsheets/copyrigh t.html http://aim.cast.org/learn/policy/federal/copyright http://wiki.knowbility.org/2010/03/02/the-chafee- amendment/ Copyright Resources