(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 § 28.0211.

Terms Used In Texas Education Code 28.0213

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Year: means 12 consecutive months. See Texas Government Code 311.005

(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 § 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 § 28.0211.

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