Section 511IAC7-36-7. Instructional curricula, materials, equipment, and assistive technology devices and services

   (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 relate to state academic standards and 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. (Indiana State Board of Education; 511 IAC 7-36-7; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA)