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U.S. Department of Education: Promoting Educational Excellence for all Americans
Statute: TITLE I / D / 674 / e

(e) National Instructional Materials Access Center.--

(1) <<NOTE: Establishment. Deadline.>> In general.--The Secretary shall establish and support, through the American Printing House for the Blind, a center to be known as the `National Instructional Materials Access Center' not later than 1 year after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2004.

(2) Duties.--The duties of the National Instructional Materials Access Center are the following:

(A) To receive and maintain a catalog of print instructional materials prepared in the National Instructional Materials Accessibility Standard, as established by the Secretary, made available to such center by the textbook publishing industry, State educational agencies, and local educational agencies.

(B) To provide access to print instructional materials, including textbooks, in accessible media, free of charge, to blind or other persons with print disabilities in elementary schools and secondary schools, in accordance with such terms and procedures as the National Instructional Materials Access Center may prescribe.

(C) To develop, adopt and publish procedures to protect against copyright infringement, with respect to the print instructional materials provided under sections 612(a)(23) and 613(a)(6).

(3) Definitions.--In this subsection:

(A) Blind or other persons with print disabilities.--The term `blind or other persons with print disabilities' means children served under this Act and 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; 46 Stat. 1487) to receive books and other publications produced in specialized formats.

(B) National instructional materials accessibility standard.--The term `National Instructional Materials Accessibility Standard' means the standard established by the Secretary to be used in the preparation of electronic files suitable and used solely for efficient conversion into specialized formats.

(C) Print instructional materials.--The term `print instructional materials' means printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a State educational agency or local educational agency for use by students in the classroom.

(D) Specialized formats.--The term `specialized formats' has the meaning given the term in section 121(d)(3) of title 17, United States Code.

(4) Applicability.--This subsection shall apply to print instructional materials published after the date on which the final rule establishing the National Instructional Materials Accessibility Standard was published in the Federal Register.

(5) Liability of the secretary.--Nothing in this subsection shall be construed to establish a private right of action against the Secretary for failure to provide instructional materials directly, or for failure by the National Instructional Materials Access Center to perform the duties of such center, or to otherwise authorize a private right of action related to the performance by such center, including through the application of the rights of children and parents established under this Act.

(6) Inapplicability.--Subsections (a) through (d) shall not apply to this subsection.