Chapter 05. Purchase and Use of Accessible Teaching and Learning Materials
Regulation .01 Purpose.LinkCopy Citation
The purpose of this chapter is to direct school systems to develop policies and procedures for the purchase and acquisition of accessible textbooks and supplemental curricular resources, in print and digital formats, that support teaching and learning in and out of the classroom.
Regulation .02 Incorporation by Reference.LinkCopy Citation
The Web Content Accessibility Guidelines (WCAG) 2.1 Level AA (June 5, 2018) is incorporated by reference.
Regulation .03 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Accessible educational materials (AEM)” means print- and technology-based educational materials, including printed and electronic textbooks and related core materials that are designed or converted in a way that makes them usable across the widest range of individual variability regardless of format (print, digital, audio, video, etc.).
(2)
“Accessible technology” means any device, hardware, software, or handheld equipment that provides access to activities for everyone, including those with disabilities, and is designed to provide all individuals the opportunity to acquire the same information, engage in the same interactions, and enjoy the same services with equivalent ease of use.
(3)
“Digital device” means an electronic device that uses discrete, numerable data and processes for all its operations.
(4)
“Digital learning” means any instructional practice that uses technology to support the student and/or educator learning experience.
(5)
“Digital learning resources” means digital materials and technologies that support teaching and learning.
(6)
“eTextbook” or “e-book” means a book made available in a digital format for display on a digital device.
(7)
“National Instructional Materials Access Center (NIMAC)” means a service that provides a national repository of source files for accessible media production of textbooks and related print core materials for use by eligible PreK—12 students.
(8)
Open Educational Resources (OERs).
(a)
“Open educational resources (OERs)” means free and openly licensed digital educational materials that can be used for teaching, learning, research, and other purposes and are used and modified based on open licensing.
(b)
“Open educational resources (OERs)” includes full courses, course materials, modules, textbooks, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge.
(9)
Public Agency.
(a)
“Public agency” means an institution that provides educational services to students with disabilities from 3 to 21 years old and in accordance with the student’s IEP.
(b)
“Public agency” includes the Maryland State Department of Education, local school systems, the SEED School, the Department of Health, the Department of Juvenile Services, the Maryland School for the Blind, the Maryland School for the Deaf, and the Maryland Department of Labor.
(10)
“Textbook” means a book available in print or digital format or a compilation of digital instructional resources that support content standards and curriculum.
(11)
“Web Content Accessibility Guidelines (WCAG) 2.1 Level AA (June 5, 2018)” means a single shared standard for web content accessibility that meets the needs of individuals, organizations, and governments internationally.
Regulation .04 Requirements.LinkCopy Citation
A.
Each local board of education shall prepare policies and procedures related to:
(1)
The selection, acquisition, equitable distribution, and sustainability of available, quality-assured digital formats of textbooks (i.e., eTextbooks, e-books, or a compilation of OERs), digital devices, and digital learning resources for all students;
(2)
The selection and availability of equitable Accessible Educational Materials (AEM) to meet the needs of all students; and
(3)
The privacy and acceptable use of digital devices and resources.
B.
Each local board of education shall notify all students’ parents and guardians of these policies and procedures.
C.
Each local board of education shall annually train special education directors, principals, and other purchase specialists on the policies and procedures for purchasing and using accessible teaching and learning materials to ensure enforcement of the policies and procedures.
Regulation .05 Accessibility of Print Materials.LinkCopy Citation
A.
When acquiring print materials, each local board of education and public agency may coordinate with the National Instructional Materials Access Center (NIMAC) when acquiring print or textbook-related supplemental resources for students who meet the NIMAC eligibility criteria.
B.
Each local board of education and public agency shall provide equitable access to print instructional materials in a timely manner to students with disabilities who do not meet the NIMAC eligibility criteria.
C.
If a local board of education or public agency chooses not to coordinate with the NIMAC, the local board of education or public agency shall provide an assurance to the Department that purchases meet standards set forth in 34 CFR §300.172.
Regulation .06 Accessibility of Digital Learning Resources.LinkCopy Citation
Each local board of education and public agency shall comply with WCAG 2.1 Level AA (June 5, 2018) when purchasing or selecting digital learning resources to provide equitable learning opportunities for all students.
Chapter annotations
Authority: Education Article, §§2-205, 7-910, and 8-408, Annotated Code of Maryland;
34 CFR §§300.210 and 300.172(e)(1)(i)
34 CFR §§300.210 and 300.172(e)(1)(i)
History: Effective date: April 3, 1964
History: Regulation .01 amended effective January 15, 1989 (15:27 Md. R. 3135)
History: Regulation .01 repealed and new Regulation .01 adopted effective April 29, 2002 (29:8 Md. R. 701)
History: Regulation .01C, D amended effective July 28, 2008 (35:15 Md. R. 1350)
History: Regulation .01 under School Supplies and Equipment repealed and new Regulations .01—.06 under Purchase and Use of Accessible Teaching and Learning Materials adopted effective October 21, 2019 (46:21 Md. R. 894)