N.M. Admin. Code § 6.75.4.9 - REQUIREMENTS: RESPONSIBILITIES OF EDUCATIONAL INSTITUTIONS
A. An educational institution is not required
to coordinate with the NIMAC. If the educational institution chooses to
coordinate with the NIMAC, the educational institution shall acquire
instructional materials in the same manner and subject to the same conditions
as provided in
6.75.4.8 NMAC.
B. If an educational institution becomes a
coordinating agency with NIMAC, it shall place its orders for instruction
materials in alternate accessible or specialized formats through the persons
responsible for coordinating services to students with disabilities with the
central repository authorized by the department. The central repository shall
serve as the authorized user and agent of the educational institution with
NIMAC and it will have access to the NIMAC database and it may download NIMAS
files in accordance with established agreements so that printed instructional
materials can be efficiently converted to alternate accessible or specialized
formats. The central repository will perform the conversion of the NIMAS files
into the alternate accessible or specialized format and deliver it in a timely
manner to the educational institution that ordered it.
C. If the educational institution chooses not
to coordinate with the NIMAC, the educational institution shall provide a
written assurance to the department in its annual local IDEA application that
the educational institution shall provide instructional materials in an
alternate accessible or specialized format to blind students or other students
with print disabilities in a timely manner.
D. Educational institutions, through the
persons responsible for coordinating services to students with disabilities,
must certify in writing to the central repository authorized by the department
that:
(1) the materials are deemed essential
or required for student success;
(2) an electronic copy of the materials will
be used solely for the student's educational purposes.
E. No educational institution, its employees
or its students shall authorize any use of instructional materials that would
be inconsistent with the provisions of
17
U.S.C. Section 121 as amended by Title III,
Section 306 of the IDEA.
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