1.  The Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize additional days or minutes of instruction for a program of remedial education that is fully paid for through the school district, including, without limitation, the provision of transportation.

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2.  If the Superintendent of Public Instruction authorizes additional days or minutes pursuant to subsection 1, the board of trustees may adopt a policy prescribing the minimum number of days of attendance or the minimum number of minutes of attendance for a pupil who is determined to need such remedial education.

3.  If the board of trustees adopts a policy pursuant to subsection 2, the policy must include, without limitation:

(a) The criteria for determining that a pupil be enrolled in the program of remedial education; and

(b) The procedure pursuant to which parents and guardians will be notified of the pupil’s progress throughout the school year and a process for appealing a determination regarding a pupil’s need for remedial education.