What is the Chafee Amendment?

Jan 12, 2024

Government & Laws

What is the Chafee Amendment

The Chafee Amendment is a law that requires non-profit groups and government agencies to reproduce literary works in formats that disabled people can access. The goal of the Chafee Amendment is to increase the availability of books in Braille, large print, and other formats that would aid people with disabilities when reading. By creating more materials, the Chafee Amendment sought to establish a more fair learning environment within the classroom.

While the Chafee Amendment does increase the amount of written material available to people with disabilities, it does have some limitations. It does not extend the access to dramatic works, audiovisual works, or sound recordings. Also, materials produced under the Chafee Amendment may experience administrative and technical delays due to the process of format conversion. Therefore, the Instructional Materials Accessibility Act (IMAA) called for a common standard of file conversion for texts that could be accessed by the school districts and States.

While the IMAA was not passed, its ideas were incorporated into IDEA 2004 and were established as the National Instructional Materials Accessibility Standard (NIMAS) and the National Instructional Materials Access Center (NIMAC). Standard criteria were updated in 2021 to align with the changes to US copyright law through the Marrakesh Treaty Implementation Act (MTIA).

The MTIA expanded the types of works to include all literary work, rather than just nondramatic works, and also musical works; additionally, it changed the term “specialized formats” to “accessible formats” in order to provide a broader term that allows eligible people more access to works.

Who is considered to be eligible?

To be eligible, you must be either blind, have a visual impairment, perceptual or reading disability that prevents them from reading printed literature to the same degree as a person without an impairment or disability, or has a physical disability that prevents them from holding a book, focusing, or moving their eyes to read.

Eligible students in elementary and school schools may have access to NIMAS files from NIMAC, but the students must also be eligible for and serve under IDEA. As a parent, it is important to keep in mind that you must request for your child to have an IEP in order to be served under IDEA and therefore be eligible to receive access to NIMAC files.

What if your child does not qualify but requires instructional materials in accessible formats?

Your local education agency (LEA) is required to provide accessible materials to children who require them even if they do not qualify for the materials under the rules from NIMAS. If assistive devices are needed, it should be outlined in your child’s IEP, including if your child needs the device at home or during statewide testing.

What does this mean for autistic people?

Authorities who work for a non-profit or government agency vary in what they consider to be a physical limitation. Some define it as having a physical disability that prevents one from accessing a print book while others define it as having a cognitive or learning disability.

Although learning disabilities are not an established requirement, reading disabilities are, and approximately 80% of individuals who have a learning disability are thought to also have a reading disability.

Who is considered to be a “competent authority” and who determines if someone is eligible?

Eligibility is determined by:

Doctor of medicine (MD) or doctor of osteopathy (DO)
Ophthalmologist or optometrist
Psychologist (including the school psychologist)
Registered nurse
Therapist
Educators or counselors
Social or case workers
Certified reading specialist
Librarian
Superintendent

Previously, eligibility could only be determined by an MD, but now individuals can be certified by the same authorities who authorize the participation of other print-disabled individuals.

Article by: Nicole Steel and The Autism ToolKit