53B-23-102. Definitions.
For purposes of this chapter:
(1) (a) "Instructional material or materials" means textbooks and other materials written
and published primarily for use by students in postsecondary instruction that are required or
essential to a student's success in a course of study in which a student with a disability is
enrolled. The determination of which materials are "required or essential to student success"
shall be made by the instructor of the course in consultation with the official making the request
pursuant to Section 53B-23-103 in accordance with rules issued pursuant to Section 53B-23-106.
(b) "Instructional material or materials" does not include nontextual mathematics and
science materials until the time software becomes commercially available that permits the
conversion of existing electronic files of the materials into a format that is compatible with
braille translation software or alternative media for students with disabilities.
(2) "Printed instructional material or materials" means instructional material or materials
in book or other printed form.
(3) "Nonprinted instructional materials" means instructional materials in formats other
than print, and includes instructional materials that require the availability of electronic
equipment in order to be used as a learning resource, including software programs, video disks,
and video and audio tapes.
(4) "State institution of higher education" means an institution listed in Section
53B-2-101.
(5) "Specialized format" means braille, audio, or digital text that is exclusively for use by
blind or other persons with disabilities.
(6) (a) "Structural integrity" means all of the printed instructional material, including the
text of the material, sidebars, the table of contents, chapter headings and subheadings, footnotes,
indexes, glossaries, and bibliographies.
(b) "Structural integrity" need not include nontextual elements such as pictures,
illustrations, graphs, or charts.
Enacted by Chapter 301, 2006 General Session
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Last revised: Wednesday, July 23, 2008