Instructional materials; exceptional children
HRS §302A-442.5
in effect302A-442.5. Instructional materials; exceptional children
(a) Whenever used in this section, unless a different meaning clearly appears from the context:
"Accessible format" has the same
meaning as in section 121(d)(1) of the Copyright Act of 1976 (17 U.S.C.
121(d)(1)), as amended.
"Accessible instructional materials"
means print instructional materials provided to eligible students in the
accessible format most appropriate to the needs of each eligible student.
"Assistive technology device" has the
same meaning as in section 602(1) of the Individuals with Disabilities
Education Act (20 U.S.C. 1401(1)), as amended.
"Assistive technology service" has
the same meaning as in section 602(2) of the Individuals with Disabilities
Education Act (20 U.S.C. 1401(2)), as amended.
"Braille" means the system of reading
and writing through touch commonly known as standard English braille.
"Eligible student" means an
elementary or secondary school student who:
(1) Is eligible for services under the Individuals
with Disabilities Education Act, as amended;
(2) Is approved as an eligible person, as defined in
section 121(d)(3) of the Copyright Act of 1976 (17 U.S.C. 121(d)(3)), as
amended; and
(3) Attends a department school, a private school
under chapter 302C, a public charter school under chapter 302D, or an approved
alternative education program under section 302A-1132(a)(5).
"National Instructional Materials Access
Center" means the center established pursuant to section 674(e) of the
Individuals with Disabilities Education Act (20 U.S.C. 1474(e)), as amended.
"National Instructional Materials
Accessibility Standard" has the same meaning as in section 674(e)(3)(B) of
the Individuals with Disabilities Education Act (20 U.S.C. 1474(e)(3)(B)), as
amended.
"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 by students in the classroom, including:
(1) Digital instructional materials obtained in an
appropriate accessible format for an eligible student; or
(2) Materials that can be provided by the National
Instructional Materials Access Center in a valid National Instructional
Materials Accessibility format.
"Technology mediated instruction"
means learning that is aided or entirely accomplished through the use of
computer-based technology.
(b) In accordance with section 612(a)(23) of
the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(23)), as
amended, the State adopts the United States Secretary of Education's National
Instructional Materials Accessibility Standard as in effect on July 7, 2023,
and as may be subsequently revised. The department shall coordinate with the
National Instructional Materials Access Center to obtain the benefits of this
service.
(c) The department, as part of any print
instructional materials adoption process, procurement contract, or other
practice or instrument used for purchase of print instructional materials,
including digital materials, shall obtain instructional materials from the
publisher or other source that are in, or can be rendered in, the appropriate
accessible format for the eligible student using the instructional material;
provided that:
(1) If the needed instructional materials cannot be
obtained in the eligible student's appropriate accessible format, the
department may enter into a written contract with the publisher of the print
instructional materials to require the publisher to prepare and, on or before
delivery of the print instructional materials, provide to the National
Instructional Materials Access Center electronic files containing the contents
of the print instructional materials using the National Instructional Materials
Accessibility Standard; or
(2) If the needed instructional materials cannot be
obtained in the eligible student's appropriate accessible format due to being
new or innovative start-up instructional materials or a Hawaii-based publisher,
the department may purchase materials as a pilot for up to one calendar year.
(d) The department shall obtain accessible
instructional materials for eligible students attending any department school
and, to the maximum extent allowed, assist any private school under chapter
302C, public charter school under chapter 302D, or eligible student enrolled in
an approved alternative education program pursuant to section 302A-1132(a)(5),
to obtain instructional materials in accessible formats when the department
receives a request from the school or program; provided that the department shall
not be liable for the expense of any instructional materials obtained other
than the expense for instructional materials obtained for eligible students
attending department schools.
(e) Each eligible student shall receive
accessible instructional materials without regard to whether the accessible
instructional materials have been purchased in accordance with subsection (c).
Eligible students shall receive accessible instructional materials at the same
time the corresponding print instructional materials are provided to all other
students in the classroom, including any assistive technology device and
assistive technology service to be provided in advance and needed for the
eligible student to use the accessible instructional materials.
(f) Technology shall be provided to each
eligible student receiving technology mediated instruction, including any
assistive technology device and assistive technology service needed for the
technology to be accessible to and usable by the eligible student.
(g) The individualized education program for
an eligible student shall:
(1) Contain information sufficient to document
approval of the student as an eligible person, as defined in section 121(d)(3)
of the Copyright Act of 1976 (17 U.S.C. 121(d)(3)), as amended;
(2) Identify:
(A) The print instructional materials to be
used by the students without disabilities;
(B) All accessible formats of the
instructional materials; and
(C) The services and instruction to be
provided to convert the print instructional materials into accessible
instructional materials and enable the eligible student to use the
instructional materials in one or more accessible formats usable by the
eligible student;
(3) Specify the supplementary aids and services the
individualized education program reasonably anticipates the eligible student
will need to receive for the duration of the individualized education program
for reasonable access to classroom materials and media not identified in
paragraph (2)(A);
(4) If the eligible student is blind and receiving
instruction in braille or the use of braille, ensure that instructional
materials are provided in braille and may be used by the eligible student in
addition to other accessible formats available;
(5) List any assistive technology device and
assistive technology service needed for the eligible student to use accessible
instructional materials and technology mediated instruction, including timely
and appropriate instruction to enable the eligible student to use the
technology to access age-appropriate content independently;
(6) Ensure that any assistive technology device or
assistive technology service used for accessible instructional materials is
available for use by the eligible student in school, at home, and in other
settings to the same extent that print instructional materials are available to
other students; and
(7) Identify and provide technology to be used by an
eligible student when receiving technology mediated instruction, including any
assistive technology device and assistive technology service needed for the
technology to be accessible to and usable by the eligible student.
[L 2002, c
193, §7; am L 2004, c 220, §3; am L 2023, c 254, §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0302A/HRS_0302A-0442_0005.htmFetched: 11/10/2026