* § 715. Instructional materials; students with disabilities. 1. For\npurposes of this section, the following words shall have the following\nmeanings: (a) "College" means college as defined in subdivision two of\nsection six hundred one of this chapter;\n (b) "Instructional material or materials" means textbooks and other\nmaterials written and published by commercial publishers primarily for\nuse by students in postsecondary instruction that are required or\nessential to a student's success in a course of study in which a student\nwith a disability is enrolled. The determination of which materials are\n"required or essential to student success" shall be made by the\ninstructor of the course. "Instructional material or materials" shall\nalso include commercially published nontextual mathematics and science\nmaterial wherever available software permits the conversion of existing\nelectronic files of the materials into a format that is compatible with\nbraille translation software or alternative media for students with\ndisabilities.\n (c) "Nonprinted instructional materials" means commercially published\ninstructional materials in formats other than print, and includes\ncommercially published instructional materials that require the\navailability of electronic equipment in order to be used as a learning\nresource, including, but not necessarily limited to, commercially\npublished software programs, video disks, and video and audio tapes.\n (d) "Printed instructional material or materials" means instructional\nmaterial or materials commercially published in book or other\ncommercially published printed form.\n (e) "Structural integrity" means all of the commercially published\nprinted instructional material, including, but not limited to, the text\nof the material, sidebars, the table of contents, chapter headings and\nsubheadings, footnotes, pictures, illustrations, graphs, charts,\nindexes, glossaries, and bibliographies. If good faith efforts fail to\nproduce an agreement pursuant to subdivision two of this section between\nthe publisher or manufacturer and the commissioner as to an electronic\nformat that will preserve the structural integrity of the commercially\npublished printed instructional material, the publisher or manufacturer\nshall provide the instructional material in the most updated electronic\nformat taking into consideration the recommendation made by the National\nInstitute of Standards and Technology (NIST) and shall preserve as much\nof the structural integrity of the commercially published printed\ninstructional material as possible.\n (f) "Specialized format" means braille, audio, or digital text that is\nexclusively for use by blind persons and students with other\ndisabilities.\n (g) "Advisory council", means a group of individuals appointed as\nfollows: seven shall be appointed directly by the governor, two shall be\nappointed on the nomination of the temporary president of the senate,\ntwo shall be appointed on the nomination of the speaker of the assembly,\none shall be appointed on the nomination of the minority leader of the\nsenate, and one shall be appointed on the nomination of the minority\nleader of the assembly. The council shall be comprised of\nrepresentatives from college disability student support services; the\ndepartment; the publisher community; students with disabilities and\nother interested parties who will provide input into policy development,\nprogram guidelines and implementation strategies for the implementation\nof this section, and updates and technical assistance to regional\ncollege disability service coordinators.\n (h) "Guidelines" means a set of information, training, technical\nguidance and best practices used in implementing the provisions of this\nsection.\n Nothing in this subdivision shall be construed to prohibit a college\nfrom assisting a student with a disability by using the electronic\nversion of commercially published printed instructional material\n
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