Date Eligibility for Accessible Instructional Materials Through AIM-VA

Date Students must have BOTH criteria to qualify for materials from AIM-VA: 1. Copyright Act of 1931 as Amended (Chafee Eligible) qualified 2. Students must have an IEP Students must have a documented print disability and need instructional materials in accessible formats Students must have a documented print disability and need instructional materials in accessible formats NO students with 504 plans are eligible NO students with 504 plans are eligible

Date Students Eligible under the Copyright Act of 1931 as Amended (Chafee Eligible) “Blind persons or other persons with Print Disabilities” include: “Blind persons or other persons with Print Disabilities” include: (i) Blind persons whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting glasses, or whose widest diameter if visual field subtends an angular distance no greater than 20 degrees (i) Blind persons whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting glasses, or whose widest diameter if visual field subtends an angular distance no greater than 20 degrees (ii) Persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing the reading of standard printed material (ii) Persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing the reading of standard printed material (iii) Persons certified by competent authority as unable to read or unable to use standard printed material as a result of physical limitations (iii) Persons certified by competent authority as unable to read or unable to use standard printed material as a result of physical limitations (iv) Persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner (iv) Persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner

Date Competent Authority The IEP team will serve as the final competent authority May use special education eligibility information, testing information, and medical reports from doctors of medicine to assist them in determining Chafee eligibility AIM-VA is NOT requiring formal medical doctor certification

Date Critical Points on Print Disabilities Not all students with disabilities qualify as having a print disability Not all students with disabilities qualify as having a print disability Students must have a problem accessing traditional print based materials Students must have a problem accessing traditional print based materials Diagnostic testing Diagnostic testing Progress monitoring Progress monitoring

Date Critical Points on Print Disabilities The print materials in the curriculum appear to be one of the main barriers to student progress The print materials in the curriculum appear to be one of the main barriers to student progress Student could demonstrate greater levels of achievement using an alternate format (Braille, Large Print, Electronic Text, and Recorded Audio) Student could demonstrate greater levels of achievement using an alternate format (Braille, Large Print, Electronic Text, and Recorded Audio)

Date Guidance on Learning Disabilities Students with Learning Disabilities: Students with Learning Disabilities: Must be evaluated using methods to determine that alternate formats of print materials are needed Must be evaluated using methods to determine that alternate formats of print materials are needed Authentic Assessment/Student Progress Monitoring Authentic Assessment/Student Progress Monitoring Documented in the IEP Documented in the IEP Not all students with Learning Disabilities need alternate formats Not all students with Learning Disabilities need alternate formats Initial research estimates 50% of LD population Initial research estimates 50% of LD population

Date What if students with disabilities or 504 plans don’t qualify for AIM-VA but still need accessible formats of materials? Federal law still requires that these students get alternate formats of materials Burden is now on school division Policy on Accessible Instructional Materials Attorney General – May 7,

Date What if students with disabilities or 504 plans don’t qualify for AIM-VA but still need accessible formats of materials? AG Policy: c. For a student who, pursuant to an IEP, requires the use of accessible instructional materials that are not available through AIM-VA, then the local school division and/or student's teacher shall be required to follow these guidelines in making necessary and reasonable accommodations for providing the student with the required accessible instructional materials within the parameters permitted by the "fair use" exception to the Copyright Act, 17 U.S.C. 107:

Date Options for Non AIM-VA Students Individual student memberships can be purchased directly with Recordings for the Blind and Dyslexic – Audio Call publisher directly for permission to create alternate format for non-chafee student Teacher create materials following copyright rules: strict rules Guidance from American Association of Publishers: ClassroomCopying.pdf ClassroomCopying.pdf Explore the use of qualifying student for an IEP instead of a 504 plan

Date IEP Guidance During the IEP team meeting a question such as the following might be used: During the IEP team meeting a question such as the following might be used: Does the student require accessible, alternate format versions of printed textbooks and printed core instructional materials? Does the student require accessible, alternate format versions of printed textbooks and printed core instructional materials? A question of this kind is designed to prompt the IEP team to consider each student's need for accessible, alternate format versions of print instructional materials. A question of this kind is designed to prompt the IEP team to consider each student's need for accessible, alternate format versions of print instructional materials.

Date IEP Guidance If a student with a print disability does need a specialized format, the IEP should specify the following: If a student with a print disability does need a specialized format, the IEP should specify the following: The specific format(s) to be provided (Braille, audio, e-text, large print, etc.) The specific format(s) to be provided (Braille, audio, e-text, large print, etc.) The services and/or assistive technology the student needs to use the specialized format The services and/or assistive technology the student needs to use the specialized format The individual or individuals responsible for providing the specialized format, and The individual or individuals responsible for providing the specialized format, and Whether or not the format is required to be used in the student’s home or in another setting in order for the student to receive a free appropriate public education. Whether or not the format is required to be used in the student’s home or in another setting in order for the student to receive a free appropriate public education.

Date Documentation in the IEP: It is recommended that a statement of the student’s eligibility for alternate formats of print materials including the type or types of formats the student requires be listed in the accommodations section of the IEP It is recommended that a statement of the student’s eligibility for alternate formats of print materials including the type or types of formats the student requires be listed in the accommodations section of the IEP

Date Documentation in the IEP: There is a sample form on (Forms and Mailings) and in Appendix A of the AIM for Students with Disabilities in Virginia for IEP teams to document a student’s certification of eligibility. This form is for internal LEA use only and could be kept in the students permanent record. There is a sample form on (Forms and Mailings) and in Appendix A of the AIM for Students with Disabilities in Virginia for IEP teams to document a student’s certification of eligibility. This form is for internal LEA use only and could be kept in the students permanent record.

Date Documentation in the IEP: If additional training is required on assistive technology to use the alternate formats of accessible instructional materials, it is recommended that this be documented in the supplemental aides and services section of the IEP If additional training is required on assistive technology to use the alternate formats of accessible instructional materials, it is recommended that this be documented in the supplemental aides and services section of the IEP