# Title 67 — Public Instruction, Superintendent of

## Article 67-23 — Special Education

## Chapter 67-23-07 — Postsecondary Transition Programs

### § 67-23-07-01. Definition.

A "postsecondary transition program" is a degree, certificate, or nondegree program at an
accredited postsecondary institution that is designed to support students with an intellectual or
developmental disability who are seeking to continue academic, career and technical, and independent
living instruction. The program must be consistent with the federal Higher Education Opportunity Act
requirements for the degree, certificate, or program.
History: Effective April 1, 2022.
General Authority: NDCC 15.1-32-09, 15.1-32-21.1, 28-32-02
Law Implemented: NDCC 15.1-32-21.1, Pub. L. 110-315
### § 67-23-07-02. Description of program.

A postsecondary transition program:
1. Serves students with intellectual disabilities or developmental disabilities who:
a. Are at least eighteen years of age but have not reached the age of twenty-two;
b. Have graduated from high school in the state or obtained an equivalent degree; and
c. Enroll in a postsecondary transitional program at an institution of higher education;
2. Includes an advising and curriculum structure based upon individualized needs of the student;
3. Requires students with intellectual disabilities or developmental disabilities to participate on
not less than a half-time basis as determined by the institution;
4. Provides individual supports and services for the academic and social inclusion of students
with intellectual disabilities or developmental disabilities in academic courses, extracurricular
activities, and other aspects of the institution of higher education's regular postsecondary
program;
5. With respect to the students with intellectual disabilities or developmental disabilities, provides
a focus on:
a. Academic enrichment, including access to inclusive college courses available to students
without disabilities to the maximum extent possible;
b. Socialization in inclusive environments to the maximum extent possible;
c. Independent living skills, including self-advocacy skills; and
d. Integrated work experiences and career skills that lead to competitive integrated
employment;
6. Integrates person-centered planning in the development of the course of study for each
student with an intellectual disability or developmental disability; and

7. Creates and offers a meaningful credential for students with intellectual disabilities or
developmental disabilities upon the completion of the postsecondary transition program.
History: Effective April 1, 2022.
General Authority: NDCC 15.1-32-09, 15.1-32-21.1, 28-32-02
Law Implemented: NDCC 15.1-32-21.1
### § 67-23-07-03. Grant payments for postsecondary transition programs.

1. In order to receive integrated formula payments as described in North Dakota Century Code
section 15.1-32-21.1, postsecondary transition programs must be:
a. Proven to be successful for students with intellectual and developmental disabilities; and
b. An established program with evidence of results.
2. The superintendent of public instruction shall review and approve postsecondary transitional
programs and develop a system for the distribution of payments to the postsecondary
transition program necessary to implement this section.
History: Effective April 1, 2022.
General Authority: NDCC 15.1-32-09, 15.1-32-21.1, 28-32-02
Law Implemented: NDCC 15.1-32-21.1
