Texas § ED.28.0213 - INTENSIVE PROGRAM OF INSTRUCTION

§ ED.28.0213. INTENSIVE PROGRAM OF INSTRUCTION

INTENSIVE PROGRAM OF INSTRUCTION. (a) A school district shall offer an intensive program of instruction to a student who: (1) does not perform satisfactorily on an assessment instrument administered under Subchapter B , Chapter 39 ; or (2) is not likely to receive a high school diploma before the fifth school year following the student's enrollment in grade nine, as determined by the district. (b) A school district shall design the intensive program of instruction described by Subsection (a) to: (1) enable the student to: (A) to the extent practicable, perform at the student's grade level at the conclusion of the next regular school term; or (B) attain a standard of annual growth specified by the school district and reported by the district to the agency; and (2) if applicable, carry out the purposes of Section 28.0211 . (c) A school district shall use funds appropriated by the legislature for an intensive program of instruction to plan and implement intensive instruction and other activities aimed at helping a student satisfy state and local high school graduation requirements. The commissioner shall distribute funds to districts that implement a program under this section based on the number of students identified by the district who: (1) do not perform satisfactorily on an assessment instrument administered under Subchapter B , Chapter 39 ; or (2) are not likely to receive a high school diploma before the fifth school year following the student's enrollment in grade nine, as determined by the district. (d) A school district's determination of the appropriateness of a program for a student under this section is final and does not create a cause of action. (e) For a student in a special education program under Subchapter A , Chapter 29 , who does not perform satisfactorily on an assessment instrument administered under Section 39.023 (a), (b), or (c), the student's admission, review, and dismissal committee shall design the program to: (1) enable the student to attain a standard of annual growth on the basis of the student's individualized education program; and (2) if applicable, carry out the purposes of Section 28.0211 . Added by Acts 2003, 78th Leg., ch. 1212, Sec. 7, eff. June 20, 2003. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1354 (S.B. 1404 ), Sec. 3, eff. June 14, 2013.