167.640. Student promotion conditioned on remediation--tutorial activities and other suggested programs.

Student promotion conditioned on remediation--tutorial activities andother suggested programs.

167.640. 1. School districts may adopt a policy with regard tostudent promotion which may require remediation as a condition of promotionto the next grade level for any student identified by the district asfailing to master skills and competencies established for that particulargrade level by the district board of education. School districts may alsorequire parents or guardians of such students to commit to conducthome-based tutorial activities with their children or, in the case of astudent with disabilities eligible for services pursuant to sections162.670 to 162.1000, RSMo, the individual education plan shall determinethe nature of parental involvement consistent with the requirements for afree, appropriate public education.

2. Such remediation shall recognize that different students learndifferently and shall employ methods designed to help these studentsachieve at high levels. Such remediation may include, but shall notnecessarily be limited to, a mandatory summer school program focused on theareas of deficiency or other such activities conducted by the schooldistrict outside of the regular school day. Decisions concerning theinstruction of a child who receives special educational services pursuantto sections 162.670 to 162.1000, RSMo, shall be made in accordance with thechild's individualized education plan.

3. School districts providing remediation pursuant to this sectionoutside of the traditional school day may count extra hours of instructionin the calculation of average daily attendance as defined in section163.011, RSMo.

(L. 1999 H.B. 889 § 5, subsecs. 1 to 6, A.L. 2001 S.B. 319)

Effective 7-01-01

*Rulemaking authority, see RSMo 105.269