(a) Beginning with the entering ninth grade class of 2025-2026, a student participating in a course credit recovery program in order to obtain credit toward high school graduation requirements shall not obtain more than ten (10) total credits in the course credit recovery program during grades nine through twelve (9-12).
(b) However, this section shall not apply to a:(1) Student with an individualized education program if the student's individualized education program includes a course recovery program;(2) Student who is in foster care;(3) Student who is in the custody of the Division of Youth Services;(4) Student who is considered homeless under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq., as it existed on January 1, 2025;(5) Student who is in long-term placement in a mental health facility;(6) Student who is in long-term placement in a medical hospital due to unforeseen circumstances, including without limitation a medical procedure or an accident;(7) Student who is pregnant;(8) Student who is determined to be high-risk or in need of Tier III intensive intervention services according to the Division of Elementary and Secondary Education Alternative Education Process Guide;(9) Student who is enrolled full-time in a statewide open-enrollment virtual charter school;(10) Student who is being served or has been served in an English as a Second Language program in grades nine through twelve (9-12); or(11) Student who is enrolled in a credit recovery open-enrollment public charter school.
(1) Student with an individualized education program if the student's individualized education program includes a course recovery program;
(2) Student who is in foster care;
(3) Student who is in the custody of the Division of Youth Services;
(4) Student who is considered homeless under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11431 et seq., as it existed on January 1, 2025;
(5) Student who is in long-term placement in a mental health facility;
(6) Student who is in long-term placement in a medical hospital due to unforeseen circumstances, including without limitation a medical procedure or an accident;
(7) Student who is pregnant;
(8) Student who is determined to be high-risk or in need of Tier III intensive intervention services according to the Division of Elementary and Secondary Education Alternative Education Process Guide;
(9) Student who is enrolled full-time in a statewide open-enrollment virtual charter school;
(10) Student who is being served or has been served in an English as a Second Language program in grades nine through twelve (9-12); or
(11) Student who is enrolled in a credit recovery open-enrollment public charter school.
(c) As used in this section, “long-term placement” means the placement of a student in a mental health facility or medical hospital for prescribed care that results in the student being absent from school for a cumulative total of thirty (30) or more days during a single academic semester while the student is enrolled in school and attempting to earn credit towards graduation.