Policy 2445.40, Instructional Resources: vendors' permission statements to the National Instructional Materials Accessibility Center and accessibility of non-print materials for pre-kindergarten through grade 12

W. Va. Code St. R. secs. 126-35-8.6 and 126-35-8.6.a

In force since 17 Oct 2022.

A procurement conditions rule binding public and private bodies.

Instrument type: a regulation made under an act

What it requires

If you are a vendor of student print resources registered to supply instructional resources to West Virginia public schools, file permission statements with the National Instructional Materials Accessibility Center within 30 days of the closing of registration with the West Virginia Board of Education (section 126-35-8.6).
Make the permission statement provide for translating adopted resources into Braille, large type editions, audio recordings and the like, so that students with disabilities have usable instructional resources on the opening day of school, with the files provided in the National Instructional Materials Accessibility Standard (NIMAS) format (section 126-35-8.6).
If you are a vendor of student non-print materials, meet student accessibility guidelines: all content must comply with the Americans with Disabilities Act of 1990, amended Section 508 of the Rehabilitation Act of 1973 and the Web Content Accessibility Guidelines (WCAG) 2.0 (section 126-35-8.6.a).
If you are a county board of education, ensure that any open educational resources you adopt meet the accessibility guidelines of section 126-35-8.6.a (section 126-35-8.6.a.1).

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What this law does

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Research summary

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Section 126-35-8.6 of the legislative rule on instructional resources, Policy 2445.40, requires successful vendors of student print resources to file permission statements with the National Instructional Materials Accessibility Center within 30 days of the closing of registration with the West Virginia Board of Education.

The permission statement must provide for translating adopted resources into Braille, large type editions and audio recordings, and the files must be provided in the National Instructional Materials Accessibility Standard format.

Section 126-35-8.6.a requires successful vendors of student non-print materials to meet student accessibility guidelines, and all content must comply with the Americans with Disabilities Act of 1990, amended Section 508 of the Rehabilitation Act of 1973, and the Web Content Accessibility Guidelines (WCAG) 2.0. Section 126-35-8.6.a.1 requires the county board to ensure that any open educational resources it adopts meet the accessibility guidelines of that section.

The rule provides for the review and adoption of instructional resources required to be used in the schools under the jurisdiction of a county board of education in pre-kindergarten through grade 12 education. The rule took effect on October 17, 2022.

When LexLint raises it

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Page updated 13 November 2026.