As used in this subchapter:

(1) “Academic year” means the 3 consecutive academic semesters beginning with the fall semester.

(2) “CTP Program” means a federally-approved comprehensive transition and postsecondary program, under 34 C.F.R. § 668.232, for students with intellectual disabilities that leads to a degree, certificate, nondegree, or noncertificate credential that, in accordance with 34 C.F.R § 668.231, meets all of the following:

a. Is offered by a participating institution.

b. Is delivered to students physically attending the institution.

c. Is designed to support students with intellectual disabilities who are seeking to continue academic, career and technical, and independent living instruction at an institution of higher education in order to prepare for gainful employment.

d. Includes an advising and curriculum structure.

e. Requires students with intellectual disabilities to have at least ½ of their participation in the program, as determined by the institution, focus on academic components through 1 or more of the following activities:

1. Taking credit-bearing courses with students without disabilities.

2. Auditing or otherwise participating in courses with students without disabilities for which the student does not receive regular academic credit.

3. Taking noncredit-bearing, nondegree courses with students without disabilities.

4. Participating in internships or work-based training in settings with individuals without disabilities.

f. Provides students with intellectual disabilities opportunities to participate in coursework and other activities with students without disabilities.

(3) “Full-time” means a minimum of 24 credit hours or 300 clock hours in each academic year.

(4) “Institution” means a state-funded institution of higher education in this State that offers a CTP Program.

(5) “Student with an intellectual disability” means a student with a cognitive impairment characterized by significant limitations in cognitive functioning and adaptive behavior as expressed in conceptual, social, and practical adaptive skills who meets 1 or both of the following:

a. Is currently, or was formerly, eligible for special education and related services under the Individuals with Disabilities Education Act (IDEA) [20 U.S.C. § 1400 et seq.], including a student who was determined eligible for special education or related services under the IDEA but was home-schooled or attended private school.

b. Is eligible for services from the Division of Developmental Disabilities Services.

(6) “Tuition” means costs associated with coursework and CTP Program-related fees.

81 Del. Laws, c. 325, § 1;