(a) A school district may set aside an amount from the district’s allotment under § 48.104 or may apply to the agency for funding of an extended year program for a period not to exceed 30 instructional days for students in:
(1) kindergarten through grade 11 who are identified as likely not to be promoted to the next grade level for the succeeding school year; or
(2) grade 12 who are identified as likely not to graduate from high school before the beginning of the succeeding school year.
(b) The commissioner may adopt rules for the administration of programs provided under this section.

(c) A school district may not enroll more than 16 students in a class provided under this section.
(d) Each class provided under this section shall be taught by a teacher who has completed successfully a program that provides training to teach a class under this section and that satisfies standards the commissioner establishes.
(e) A student who attends at least 90 percent of the program days of a program under this section and who satisfies the requirements for promotion prescribed by § 28.021 shall be promoted to the next grade level at the beginning of the next school year unless a parent of the student presents a written request to the school principal that the student not be promoted to the next grade level. As soon as practicable after receiving the request from a parent, the principal shall hold a formal meeting with the student’s parent, extended year program teacher, and school counselor. During the meeting, the principal, teacher, or school counselor shall explain the longitudinal statistics on the academic performance of students who are not promoted to the next grade level and provide information on the effect of retention on a student’s self-esteem and on the likelihood of a student dropping out of school. After the meeting, the parent may withdraw the request that the student not be promoted to the next grade level. If the parent of a student eligible for promotion under this subsection withdraws the request, the student shall be promoted. If a student is promoted under this subsection, the school district shall continue to use innovative practices to ensure that the student is successful in school in succeeding years.
(f) A school district that provides a program under this section shall adopt a policy designed to lead to immediate reduction and ultimate elimination of student retention.
(g) A school district shall provide transportation to each student who is required to attend a program under this section and who is eligible for regular transportation services.
(h) The commissioner shall give priority to applications for extended year programs to districts with high concentrations of educationally disadvantaged students.