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Amend CSSB 1108 by adding the following appropriately 
numbered SECTION to the bill and renumbering the subsequent 
SECTIONS accordingly:
	SECTION __.  Subchapter B, Chapter 28, Education Code, is 
amended by adding Section 28.0212 to read as follows:
	Sec. 28.0212.  INTENSIVE PROGRAM OF INSTRUCTION.  (a)  A 
school district shall offer an intensive program of instruction to 
a student who does not perform satisfactorily on an assessment 
instrument administered under Subchapter B, Chapter 39.
	(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.