(a) A school district may apply to the commissioner for funding of special programs for students in grade nine who are at risk of not earning sufficient credit or who have not earned sufficient credit to advance to grade 10 and who fail to meet minimum skills levels established by the commissioner. A school district may, with the consent of a student’s parent or guardian, assign a student to a program under this section. A program under this section may not exceed 210 instructional days.
(b) A program under this section must emphasize basic skills in areas of the required curriculum under § 28.002 and must offer students the opportunity to increase credits required for high school graduation under state or school district policy. A program under this section may be provided by a school district or an entity contracting with a school district to provide the program.

(c) The commissioner shall award funds to districts in accordance with a competitive grant process developed by the commissioner. A grant may be made to a consortium of school districts. The criteria by which the commissioner awards a grant must include the quality of the proposed program and the school district’s demonstrated need for the program. An approved program must include criteria that permit measurement of student progress, and the district shall:
(1) annually evaluate the progress of students in the program; and
(2) submit the results of the evaluation to the commissioner at the end of the school year.
(d) The commissioner shall establish minimum levels of student enrollment and standards of student progress required for continued funding of a program under this section. The commissioner may eliminate funding for a program in a subsequent school year if the program fails to achieve sufficient levels of student progress.
(e) The amount of a grant under this section must take into account funds distributed to the school district under Chapter 48.
(f) The commissioner may adopt rules for the administration of programs under this section.