Texas Education Code - EDUC § 28.0213. 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;  1  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,  2 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 .

1 V.T.C.A., Education Code § 39.021 et seq.
2 V.T.C.A., Education Code § 29.001 et seq.




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