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.