Contract Or Purchase Order Language for Print Materials

Guidance for SEA and LEA Purchasing Agents (Draft 3.20.14)

As educators transition from purchasing print to digital instructional materials, it is essential that both are available in a timely manner and fully usable by students who require accessible formats. All learners should be able to read (visually and/or with audio support), navigate, interact with, and express their ideas about instructional materials. To support this goal, the following information is provided within this document:

·  Contract or purchase order language for print materials

·  Contract or purchase order language for digital instructional materials

·  How to ask for product accessibility information

·  What if accessibility language is not provided?

·  What about materials developed locally or provided as OERs?

·  Relevant guidance and examples from the field

·  Sample Voluntary Produce Accessibility Templates (VPATs)

·  Related statutes, regulations, and guidance

·  Additional information

The following language should be used with purchase orders, bid specifications, and contracts in order to increase the likelihood that students will be supported in a manner consistent with civil rights law and guidance issued by the U.S. Department of Education and the Department of Justice. Note that the NIMAS print materials contract language was recently updated to include a recommendation regarding MathML from Office of Special Education Programs (OSEP), U.S. Department of Education. States and districts may modify the suggested language for purchase orders and contracts as they see fit.

Contract or purchase order language for print materials (textbooks and related core instructional materials)

By agreeing to deliver the materials marked with "NIMAS" on this contract or purchase order, the publisher agrees to prepare and submit, on or before ___/___/_____ a NIMAS file set to the NIMAC that complies with the terms and procedures set forth by the National Instructional Materials Access Center (NIMAC), (IDEA Title I, Part D, sec. 674(e)). The publisher also agrees to mark up materials eligible for NIMAS submission that contain mathematical and scientific instructional content by using the MathML3 (refer to latest applicable version) module of the DAISY/NIMAS Structure Guidelines as posted and maintained at the DAISY Consortium web site (http://www.daisy.org/z3986/structure/SG-DAISY3/index.html).

Should the vendor be a distributor of the materials and not the publisher, the distributor agrees to immediately notify the publisher of its obligation to submit NIMAS filesets of the purchased materials to the NIMAC. The files will be used for the production of alternate formats as permitted under the law for students with print disabilities (IDEA Title I, Part B, sec. 612(a)).

For additional information about NIMAS: http://aim.cast.org/collaborate/NIMASCtr
For additional information about the NIMAC: http://nimac.us

This is page __ of __ of this contract or purchase order.

Contract or purchase order language for digital instructional materials (commercial & open education resources)

Vendor represents that the digital instructional materials delivered under this contract or purchase order conform to, at a minimum, the standards for accessibility as set forth in—

Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations (36 C.F.R. § 1194), or

Web Content Accessibility Guidelines (WCAG) 2.0 (minimum of Level AA conformance).

Should any portion of the materials not conform to the aforementioned standards of accessibility, vendor agrees to provide a written explanation of the reason for non-conformance. Submission of a complete Voluntary Product Accessibility Template (VPAT) will satisfy the requirement to provide a written explanation. Vendor further agrees to provide alternative means for access to the instructional materials during the period of non-conformance to students who may qualify in accordance with the Act entitled "An Act to provide books for the adult blind" approved March 3, 1931 (2 U.S.C. 135a).

How to ask for product accessibility information

It is expected that accessibility information will be made available from publishers/developers and that their representatives are aware of and can explain it. States and districts should request a Voluntary Product Accessibility Template (VPAT). They might also consider imposing a timeline on the provision of accessibility information from publishers regarding their products and on the delivery of accessible versions of the products included within contracts and purchase orders.

For a sample VPAT, see http://www.state.gov/m/irm/impact/126343.htm.

For a sample WCAG 2.0 checklist, refer to the WebAIM WCAG 2.0 Checklist at http://webaim.org/standards/wcag/checklist.

What if accessibility information is not provided?

When accessibility information is not provided—

·  Do an initial scan of the material using best practices guidelines as a reference and/or accessibility checkers when possible (http://wave.webaim.org//).

·  Contact the publisher/developer and ask the following questions:

o  Is the material compliant with accessibility standards such as WCAG 2.0 (minimum level AA compliance) or Section 508 (Section 508 Refresh once approved)?

o  In what ways is it compliant?

o  In what ways it is not compliant?

o  Was the material created using best practices for accessibility? For example:

§  http://aim.cast.org/learn/practice/palm/best_practices

§  http://www.editeur.org/109/Enabling-Technologies-Framework-Guidelines/

§  https://www.section508.gov/

§  http://www.bbc.co.uk/guidelines/futuremedia/accessibility/mobile_access.shtml

o  Was the material tested for accessibility, including by users with a variety of disabilities?

o  What types of disabilities were considered in testing?

o  What specific tests were conducted?

o  Who is the primary contact person for accessibility questions in your company/organization?

·  Look to see if others have already done an accessibility evaluation of the material(s).

o  http://wac.osu.edu/ebook-access-overview/#funct

o  http://www.web2access.org.uk/

o  http://diagramcenter.org/index.php

·  Consider purchasing other materials for which accessibility information is readily available.

What about educational materials and activities that are developed locally or acquired as open educational resources (OER)?

The AIM Center recommends that educators use the technologies that are capable of producing accessible instructional/learning materials right from the start. Educators should also evaluate OER products for accessibility prior to adoption or modification using criteria that is equivalent to that suggested for commercial materials.

In order to support educators who may be interested in learning more about accessible computer applications, assessments, documents, e-book readers, e-learning systems, meeting software, multimedia, survey tools, and the web, the AIM Center has developed a resources page that may be helpful when selecting and developing learning materials that are usable by all students

(http://aim.cast.org/learn/e-resources/accessibility_resources).

Also of interest is the California Community Colleges Guidelines for Producing Instructional and Other Printed Materials in Alternate Media for Persons with Disabilities (April 2000; http://www.htctu.fhda.edu/publications/guidelines/altmedia/altmedia.htm ).

Relevant guidance and examples from the field

California: Discrimination and Procurement Statutory Language (Cal. Gov’t Code § 11135-11139.7):

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=11001-12000&file=11135-11139.7

Florida: Virtual School Section 508 Compliance Statement:

http://www.flvs.net/areas/contactus/Pages/Section508.aspx

Indiana: Accessibility Standards Statutory Language (Ind. Code § 4-13.1-3-1): http://www.in.gov/legislative/ic/2010/title4/ar13.1/ch3.html

Updated Textbook Adoption Procedures Referencing NIMAS (2/8/12):

http://www.doe.in.gov/sites/default/files/curriculum/textbook-memo-021312-1.pdf

Maryland: Board of Education Regulations on Accessibility of Courses and Digital Learning Resources (Md. Regs. Code tit. 13A, § 04.15.06):

http://www.dsd.state.md.us/comar/getfile.aspx?file=13a.04.15.06.htm

Massachusetts: Executive Order Establishing State Policy for Providing Access to Electronic Equipment and IT:

http://www.lawlib.state.ma.us/source/mass/eo/eotext/EO348.txtMinnesota: Department of Education Web Accessibility Policy:

http://education.state.mn.us/MDE/Welcome/004831

Non-Visual Technology Access Standards Statutory Language (Minn. Stat. § 16C.145):

https://www.revisor.mn.gov/statutes/?id=16C.145

Texas: Access to State Electronic and Information Resources Statutory Language (H.B. 2819, codified at Tex. Gov’t Code Ann. §§ 2054.451-465):

http://www.legis.state.tx.us/billlookup/text.aspx?LegSess=79R&Bill=HB2819

Virtual School Network Accessibility Resources:

http://www.txvsn.org/portal/Providers/Resources/Accessibility.aspx

Virginia: Access Clause for Information Technology Procurement Statutory Language (Va. Code Ann. §§ 2.2-3500–2.2-3504):

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC02020000035000000000000

USA: Table of States with Initiatives for Accessible Electronic and Information Technology (includes statutes, policies, standards/guidelines, and other resources related to web site accessibility, application development, and IT procurement [last update: December 2009]):

http://accessibility.gtri.gatech.edu/sitid/stateLawAtGlance.php

Sample Voluntary Product Accessibility Templates (VPATs)

The VPAT is an industry standard template for documenting how a product or service conforms to Section 508 of the United States Rehabilitation Act.

·  Desire2Learn Capture

o  http://www.desire2learn.com/resource/docs/acc/Desire2Learn_Capture_Portal_7.0_VPAT.pdf

·  Desire2Learn ePortfolio

o  http://www.desire2learn.com/resource/docs/acc/Desire2Learn_ePortfolio_4.1SP5_VPAT.pdf

·  Microsoft Products

o  http://www.microsoft.com/government/en-us/products/section508/Pages/default.aspx

·  Adobe Products

o  http://www.adobe.com/accessibility/compliance.html

·  Apple Products (hardware and software)

o  http://www.apple.com/accessibility/resources/

Related statutes, regulations, and guidance

·  Title II of the ADA (42 U.S.C. § 12132)

o  Prohibits discrimination on the basis of disability by public entities, including K–12 institutions

o  http://www.ada.gov/

·  Section 504 of the Rehabilitation Act (29 U.S.C § 794(a))

o  Protects the rights of individuals with disabilities in programs and activities that receive Federal financial assistance, including public schools, districts, and state and local educational agencies

o  Free Appropriate Public Education (FAPE) under Section 504 (34 C.F.R. § 104.33(a), (b)(1))

o  http://www.dol.gov/oasam/regs/statutes/sec504.htm

·  Section 508 of the Rehabilitation Act (29 U.S.C. § 794d)

o  Establishes requirements for electronic and information technology developed, maintained, procured, or used by the Federal government.

o  https://www.section508.gov/

·  IDEA 2004 (20 U.S.C. §§ 1400 et seq.)

o  Requires public schools to make available to all eligible children with disabilities a free appropriate public education (FAPE) in the least restrictive environment (LRE).

o  NIMAS in IDEA Statute: http://aim.cast.org/learn/policy/federal/idea2004

o  NIMAS in IDEA Regulations: http://aim.cast.org/learn/policy/federal/register-v1_1

o  FAPE/LRE http://aim.cast.org/learn/policy/federal/right_to_receive_aim

·  The Communications Act, sections 255 and 251(a)(2), (Telecommunication Act 1996, 47 U.S.C. §§ 255, 251(a)(2))

o  Requires manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to and usable by persons with disabilities, if readily achievable.

o  http://www.fcc.gov/guides/telecommunications-access-people-disabilities

o  http://www.access-board.gov/telecomm/rule.htm

·  The Twenty-First Century Communications Video Accessibility Act (CVVA) of 2010

o  Updates telecommunications protections for people with disabilities.

o  http://www.fcc.gov/encyclopedia/twenty-first-century-communications-and-video-accessibility-act

DOJ/OCR Guidance:

·  Office of Civil Rights FAQ

o  http://www2.ed.gov/about/offices/list/ocr/docs/dcl-ebookfaq-201105.html

·  Department of Justice/Office of Civil Rights: Dear Colleague Letter to Elementary and Secondary Education Public Schools

o  http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201105-ese.html

Additional information

Guidance on purchasing accessible digital learning materials:

http://aim.cast.org/learn/practice/palm.

Guide to federal disability law:

http://www.ada.gov/cguide.htm

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