511 IAC 7-36-7 - Instructional curricula, materials, equipment, and assistive technology devices and services
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 7.
(a) Each
student shall be involved in and progress in the general education curriculum,
to the maximum extent feasible, as determined by the student's CCC. The public
agency may supplement the general education curriculum with modified programs
of instruction or curriculum that align to state academic standards and related
functional skills to be achieved.
(b) The public agency shall provide to
students with disabilities instructional materials and supplies comparable to
those provided to nondisabled students.
(c) A student's CCC must determine whether
the student needs instructional materials, including print instructional
materials as defined in
511 IAC
7-32-75, in an accessible format.
(d) For purposes of this section, "accessible
format" means an alternate approach to presenting information to a student with
a disability. Accessible formats may be purchased ready for use by students
with disabilities, developed for use by students with disabilities, or modified
from existing materials in accordance with federal and state copyright laws.
Accessible formats include, but are not limited to, the following:
(1) Braille.
(2) Audio.
(3) Digital text.
(4) Large type.
(5) Tactile graphics.
(6) Video.
(7) Captions.
(8) Audio descriptions.
(e) If a student's CCC determines that a
student needs instructional materials in an accessible format that are not
print instructional materials, the public agency must ensure that the student
receives the instructional materials at the same time as other students receive
the instructional materials, in accordance with policies and procedures
established by the department of education.
(f) If a student's CCC determines that a
student needs print instructional materials in an accessible format, the public
agency must provide the materials to the student in a timely manner as
described in subsection (h).
(g)
When a student needs print instructional materials in an accessible format, the
public agency must determine whether the student is a student with a print
disability as defined in
511
IAC 7-32-93. This may require the public agency to
obtain a written certification statement from a competent authority according
to policies and procedures established by the department of education. A
competent authority is a recognized expert who attests to the physical basis of
the visual, perceptual, or other physical disability that limits the student's
use of standard print, in accordance with policies and procedures established
by the department of education.
(h)
For purposes of this section, "timely manner" means that a public agency will
take all reasonable steps to ensure that students who need print instructional
materials in accessible formats are provided those materials at the same time
as other students receive instructional materials. Reasonable steps include,
but are not limited to, the following:
(1)
Requiring publishers or other contractors to, at a minimum, provide the
National Instructional Materials Access Center (NIMAC) with electronic files
containing the content of the print instructional materials using the National
Instructional Materials Accessibility Standard (NIMAS). Such files must be
provided to the NIMAC with sufficient time, according to policies and
procedures established by the department of education, to ensure that students
requiring accessible formats receive the instructional materials at the same
time as other students receive the instructional materials.
(2) Having a means of acquiring print
instructional materials in accessible formats according to policies and
procedures established by the department of education, including for students
who transfer into the public agency after the start of the school year.
Reasonable steps would not include withholding print instructional materials from other students until print instructional materials in accessible formats are available.
(i) Nothing in this section relieves a public
agency of its responsibility to ensure that the following students, who need
print instructional materials in accessible formats, receive those materials in
a timely manner:
(1) A student who is not a
student with a print disability as defined in
511
IAC 7-32-93.
(2) A student who needs print instructional
materials that cannot be produced from NIMAS files.
(j) Charges to the parent for textbook
rental, incidental fees, or any other fees permitted by state statute or rule
do not violate the at no cost requirement.
(k) The public agency shall provide
instructional materials and equipment and assistive technology devices and
services, as defined in
511 IAC
7-32-7 and
511 IAC
7-32-8, which are specified in the student's IEP. On a
case-by-case basis, the use of school-purchased assistive technology devices in
a student's home or in other settings is required if the student's CCC
determines that the student needs access to those devices in order to receive a
free appropriate public education.
(l) Unless the student's CCC determines
otherwise, the public agency is not responsible to provide basic equipment that
may be required at home as well as in the educational setting, such as the
following:
(1) Wheelchairs.
(2) Braces.
(3) Glasses.
(4) Hearing aids.
(m) The public agency is responsible for
maintenance and repair of all equipment and devices provided by the public
agency. The public agency is not responsible for the cost of repair or
replacement of equipment not purchased by the public agency. However, the
public agency must ensure that hearing aids worn in school by students who are
deaf or hard of hearing are functioning properly.
(n) The public agency is not responsible for
the postsurgical maintenance, programming, or replacement of a student with a
disability's medical device that has been surgically implanted, or of an
external component of the surgically implanted medical device. However, the
public agency must ensure that the external components of the surgically
implanted medical devices are functioning properly.
Notes
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