Tex. Education Code § 28.0213
This is the official text of Tex. Education Code § 28.0213, part of Texas’s Education Code — governs public schools and universities in Texas.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 28.0213. INTENSIVE PROGRAM OF INSTRUCTION.
Official statutory text
(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 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.
(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 Section 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 Section 28.0211.
(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 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.
(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 Section 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 Section 28.0211.
Status: in_force · Read it on the official government site
Need a lawyer in Texas?
Find a Texas lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.