(1) "Institution of higher education" means any accredited post- secondary educational institution, college, or university in this state;

(2) (A) (i) "Instructional material or materials" means textbooks and other materials written and published primarily for use by students that are required or essential to a student's success in a course of study in which a student with a disability is enrolled.

(ii) 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 § 6-68-102(4) in accordance with guidelines issued pursuant to § 6-68-107.

(B) "Instructional material or materials" includes nontextual mathematics and science materials to the extent that software is commercially available to permit the conversion of existing electronic files of the materials into a format that is compatible with braille translation software of alternative media for students with disabilities;

(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, but not limited to, software programs, video disks, and video and audio tapes;

(4) "Printed instruction material or materials" means instructional material or materials in book or other printed form;

(5) "Specialized format" means braille, audio, or digital text that is exclusively for use by blind or other persons with disabilities; and

(6)

(A) "Structural integrity" means all of the printed instructional material, including, but not limited to, 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. If good faith efforts fail to produce an agreement pursuant to § 6-68-102 between the publisher or manufacturer and the official making the request pursuant to § 6-68-102(4) in accordance with guidelines issued pursuant to § 6-68-107, as to an electronic format that will preserve the structural integrity of the printed instructional material, the publisher or manufacturer shall provide the instructional material in American Standard Code for Information Interchange text and shall preserve as much of the structural integrity of the printed instructional material as possible.