15-731. Definitions

In this article, unless the context otherwise requires:

1. "Accessible electronic file" means, until a national file format is adopted by the United States department of education, a digital file in a mutually agreed on by the publisher and the local educational agency electronic file format that has been prepared using a markup language that maintains the structural integrity of the information and can be processed by conversion software.  If a national file format is adopted by the United States department of education, accessible electronic file means an electronic file conforming to the specifications of the national file format adopted by the United States department of education.

2. " Authorized entity" means an authorized entity, as defined by 17 United States Code section 121, that commonly provides alternative format school materials that are accessible by schools in this state and that has the vendor’s authorization to make alternative formats.

3. "Child with a disability" means a pupil who is subject to an individualized education program pursuant to the individuals with disabilities education act (20 United States Code sections 1400 through 1415) or a pupil with a section 504 plan, and whose section 504 accommodation plan requires the use of instructional materials in a specialized format.

4. "Individualized education program" has the same meaning prescribed in 20 United States Code sections 1401 and 1412.

5. "Nonprinted  instructional  materials"  means nonprinted textbooks or digital content, or both, and related core materials, including those that require the availability of electronic equipment in order to be used as a learning resource, that are written and published primarily for use in elementary school and secondary school instruction and that are required by a state educational agency or a local educational agency for use by pupils in the classroom.  These materials shall be available to the extent technologically available and may include software programs and internet based materials.

6. "Printed instructional materials" means textbooks or digital content, or both, and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and that are required by a state educational agency or a local educational agency for use by pupils in the classroom. 

7. "Section 504 plan" means a written statement developed for a pupil with a disability that includes the provision of regular or special education and related aids and services, including assistive technology, that is designed to meet individual educational needs in accordance with 34 Code of Federal Regulations part 104.

8. "Structural integrity" means the structure of all parts of the printed instructional material is kept intact to the extent feasible and as mutually agreed on by the publisher and the local educational agency.  If a national file format is adopted by the United States department of education, the national file format’s technical specifications for structural integrity are required in the accessible electronic file.

9. "Vendor" means a person or entity that offers printed or nonprinted instructional materials for commercial sale to a school district and other public schools.