The Office of Special Education Programs (OSEP), U.S. Department of Education, recently updated the suggested contract language regarding NIMAS files when purchasing print materials to include a recommendation regarding MathML3 and digital instructional materials.  Please pass on to your Sped Directors and those who purchase textbooks in your districts the following new suggested contract language:

By agreeing to deliver the materials marked with “NIMAS” on this contract or purchase order, the publisher agrees to prepare and submit, on or before ___/___/_____ a NIMAS file set to the NIMAC that complies with the terms and procedures set forth by the National Instructional Materials Access Center (NIMAC), (IDEA Title I, Part D, sec. 674(e)). The publisher also agrees to mark up materials eligible for NIMAS submission that contain mathematical and scientific instructional content by using the MathML3 module of the DAISY/NIMAS Structure Guidelines as posted and maintained at the DAISY Consortium web site (

Vendor represents that the digital instructional materials delivered under this contract or purchase order conform to, at a minimum, the standards for accessibility as set forth in—

Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and its implementing regulations (36 C.F.R. § 1194), or Web Content Accessibility Guidelines (WCAG) 2.0 (minimum of Level AA conformance).

Should the vendor be a distributor of the materials and not the publisher, the distributor agrees to immediately notify the publisher of its obligation to submit NIMAS file sets of the purchased products to the NIMAC. The files will be used for the production of alternate formats as permitted under the law for students with print disabilities.

For additional information about NIMAS:
For additional information about the NIMAC:

This is page __ of __ of this contract or purchase order.