NEW AUTHORIZED USER POLICY

January 23, 2009

This notification is to share information regarding an important new NIMAC policy regarding the designation of Authorized Users. We wish to announce that, per a directive from OSEP, we are expanding the definition of “Authorized User” to enable State Coordinators to name agencies which are not necessarily from within the educational structure of the state, but which qualify as “authorized entities” under Chafee.

States who do not wish to use the expanded definition of "Authorized User" do not need to take any action whatsoever. States are welcome to continue to operate under their prior Coordination Agreement should they choose to do so.

However, for those who wish to designate AUs under the expanded definition, please note that the NIMAC Coordination Agreement has been amended to reflect this change, as has the Limitation of Use Agreement.

Both revised documents can be found here: NIMAC State Coordinators & Authorized Users

For your information, here are the specific changes:

1.       We have changed the first paragraph, fourth sentence on page 2 of the NIMAC Coordination Agreement as follows:

FROM:  “I confirm that each of these authorized users are representatives of educational agencies in my state.”

TO:  “I confirm that each of these authorized users are representatives of educational agencies in my state and/or are authorized entities that meet the exemption provided by the Copyright Act, 17 U.S.C. Sec. 121.  An ‘authorized entity’ is defined by the Copyright Act as ‘a nonprofit’ organization or a government agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities.”

2.       We have deleted the word “public” in the second sentence of section 1.2.1 of the Limitation of Use Agreement, as follows:

FROM:  “Authorized users arerepresentatives of public agencies who are designated by State Education Agencies or Local Education Agencies under sections 612(a)(23)(C) and 613(a)(6) of IDEA to access NIMAS files.”

TO:  “Authorized users arerepresentatives of agencies who are designated by State Education Agencies or Local Education Agencies under sections 612(a)(23)(C) and 613(a)(6) of IDEA to access NIMAS files.” 

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As of January 23, 2009, upon receipt of a confirmation email from the State Coordinator accepting the terms of the new NIMAC Coordination Agreement, we will activate any pending AU accounts for these newly-eligible agencies. We ask that any State Coordinators wishing for immediate activation of such an account please return to us the revised NIMAC Coordination Agreement in hard copy by February 28, 2009.

We also ask that State Coordinators fill out section 13.0 of the revised LUA and then forward it to any Chafee "authorized entity" who will be serving as an AU for their state so that the designee can fill out section 13.1 and mail the hard copy to the NIMAC.

Please note that there is no deadline for sending in the new Coordination Agreement by State Coordinators who may wish to designate an "authorized entity" in the future but who are not requesting immediate activation of such an account. States may take as long as they wish to review the document. Once again, states who do not wish to use the expanded definition of "Authorized User" do not need to take any action whatsoever. States are welcome to continue to operate under their prior Coordination Agreement should they choose to do so.

Please don’t hesitate to contact us if you have any questions regarding this new policy at nimac@aph.org or 1-887-526-4622.