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U.S. Department of Education: Promoting Educational Excellence for all Americans

Other Provisions Required for State Eligibility

Section 300.172, regarding access to instructional materials, has been revised: (1) to make clear that States must adopt the National Instructional Materials Accessibility Standard (NIMAS), published as Appendix C to these final regulations; (2) to establish a definition of "timely manner," for purposes of Sec. 300.172(b)(2) and (b)(3) if the State is not coordinating with the National Instructional Materials Access Center (NIMAC), or Sec. 300.172(b)(3) and (c)(2) if the State is coordinating with the NIMAC; (3) to add a new Sec. 300.172(b)(4) to require SEAs to ensure that all public agencies take all reasonable steps to provide instructional materials in accessible formats to children with disabilities who need those instructional materials at the same time as other children receive instructional materials; and (4) to add a new Sec. 300.172(e)(2) to clarify, that all definitions in Sec. 300.172(e)(1) apply to each State and LEA, whether or not the State or LEA chooses to coordinate with the NIMAC.

A new Sec. 300.177 has been added to include a provision regarding "States' sovereign immunity." That provision, which has been added to incorporate the language in section 604 of the Act, makes clear that a State that accepts funds under Part B of the Act waives its immunity under the 11th amendment of the Constitution of the United States from suit in Federal court for a violation of Part B of the Act.