NIMAS, the Braille Access Act, Sections 9-24-8, 22-2-1 and 22-15-30 NMSA 1978 and 6.75.4 NMAC

NIMAS is the National Instructional Materials Accessibility Standard, established under sections 612(a)(23)(A) and 674(e)(4) of the IDEA.

 

The standard is a file set that includes all information typically prepared for publishing, including metadata, images and text, and is used to produce accessible instructional materials for students who are blind or who have other print disabilities.

 

Under IDEA, all State educational agencies (SEAs) must adopt NIMAS; however, SEAs and local education agencies (LEAs) may choose whether to coordinate with the National Instructional Materials Access Center (NIMAC), a national repository authorized under section 674(e) of IDEA for NIMAS files received from publishers, SEAs, and LEAs.

 

The New Mexico Statutes direct the Public Education Department to adopt guidelines consistent with the Braille Access Act, Sections 22-15-26 to 22-15-31 NMSA 1978,  for the implementation and administration of that act. 

 

The resulting guidelines are contained in 6.75.4 NMAC. This regulation governs the procedures for the adoption, purchase, and delivery of instructional material in compliance with the  Braille Access Act through provision of alternate accessible format materials and incorporates the federal standards of the Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. Section 1400 et seq. (IDEA).

Statutes & Rules

 

22-15-4. Bureau; duties.

Subject to the policies and regulations of the department, the bureau shall:

 

A. administer the provisions of the Instructional Material Law [22-15-1 NMSA 1978];

 

B. enforce rules for the handling, safekeeping and distribution of instructional

material and instructional material funds and for inventory and accounting procedures to

be followed by school districts, state institutions, private schools and adult basic

education centers pursuant to the Instructional Material Law;

 

C. withdraw or withhold the privilege of participating in the free use of instructional

material in case of any violation of or noncompliance with the provisions of the

Instructional Material Law or any rules adopted pursuant to that law;

 

D. enforce rules relating to the use and operation of instructional material depositories

in the instructional material distribution process; and

 

E. enforce rules that require local school boards to implement a process that ensures

that parents and other community members are involved in the instructional material

review process.

Statutory Authority - 22 NMSA 1978