N.M. Code R. § 6.75.4.7 - DEFINITIONS
A. "Alternate
accessible format" as used in the Braille Access Act has the same meaning as
"specialized formats" as used in the IDEA and both terms mean one of several
alternatives to traditional printed instructional materials, including but not
limited to Braille, audio or digital text or large print formats which are
exclusively for students as defined in this rule.
B. "Department" means the public education
department.
C. "Educational
institution" means "public school", including charter schools, or "state
agency" or "state institution" as defined in Section
22-1-2
NMSA 1978.
D. "Educational
purposes" means materials that are necessary for instruction of a
student.
E. "Instructional
materials" means textbooks, workbooks, teacher manuals or editions, blackline
masters, transparencies, test packets, software, CD-ROMs, videotapes and audio
materials.
F. "National
instructional materials access center" or NIMAC means the center established
pursuant to
20
U.S.C. 1474(e) of the
IDEA.
G. "National instructional
materials accessibility standard" or NIMAS means the standard established by
the secretary of the United States department of education to be used in the
preparation of electronic files suitable and used solely for efficient
conversion into specialized formats.
H. "Nontextual mathematics or science
instruction materials" means mathematical or scientific pictures,
illustrations, graphs, charts, symbols and notations.
I. "Structural integrity" means all of the
printed instructional materials, including the text of the material, sidebars,
table of contents, chapter headings and subheadings, footnotes, indexes,
glossaries and bibliographies. Structural integrity need not include nontextual
elements such as pictures, illustrations, graphs or charts. The publisher
should include a brief textual description of any such nontextual element when
it is practical to do so and mention of the nontextual element when a
description is not practical.
J.
"Student" means a blind or other person with print disabilities accepted,
enrolled in or attending an educational institution who has been determined by
the educational institution to need instructional materials in an alternate
accessible format and shall include:
(1) blind
persons whose visual acuity, as determined by competent authority, is 20/200 or
less in the better eye with correcting glasses, or whose widest diameter if
visual field subtends an angular distance no greater than 20 degrees;
(2) persons whose visual disability, with
correction and regardless of optical measurement, is certified by competent
authority as limiting the reading of standard printed material;
(3) persons certified by competent authority
as unable to read or unable to use standard printed material as a result of
physical limitations;
(4) persons
certified by competent authority as having a reading disability resulting from
organic dysfunction and of sufficient severity to prevent their reading printed
material in a normal manner.
K. "Competent authority" as used in this
subsection is defined as follows:
(1) In
cases of blindness, visual disability, or physical limitations ''competent
authority'' is defined to include doctors of medicine, doctors of osteopathy,
ophthalmologists, optometrists, registered nurses, therapists, professional
staff of hospitals, institutions, and public or welfare agencies (e.g., social
workers, case workers, counselors, vocational rehabilitation counselors,
teachers of students with blindness/visual impairment B-12 and
superintendents).
(2) In the case
of a reading disability from organic dysfunction, competent authority is
defined as doctors of medicine who may consult with colleagues in associated
disciplines.
L. "Timely
manner" means ten business days from the receipt by the authorized user of the
NIMAS conformant file from NIMAC or in the case of an educational institution
that chooses not to coordinate with the NIMAC, ten business days from the
identification by the educational institution that the student needs printed
instructional materials in an alternate accessible or specialized format.
Partial receipt of instructional materials in alternate accessible or
specialized formats shall be considered receipt in a timely manner if the
material received covers both the chapters in the instructional materials that
have been covered and the chapters that are currently being covered by the
student's class.
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