160.539.  School flex program established — eligible students, requirements — annual report. — 1.  The "School Flex Program" is established to allow eligible students to pursue a timely graduation from high school.  The term "eligible students" includes students in grades eleven or twelve who have been identified by the student's principal and the student's parent or guardian to benefit by participating in the school flex program.

  2.  An eligible student who participates in a school flex program shall:

  (1)  Attend school a minimum of two instructional hours per school day within the district of residence;

  (2)  Pursue a timely graduation;

  (3)  Provide evidence of college or technical career education enrollment and attendance, or proof of employment and labor that is aligned with the student's career academic plan which has been developed by the school district;

  (4)  Refrain from being expelled or suspended while participating in a school flex program;

  (5)  Pursue course and credit requirements for a diploma; and

  (6)  Maintain a ninety-five percent attendance rate.

  3.  Eligible students participating in the school flex program shall be considered full-time students of the school district and shall be counted in the school's average daily attendance for state basic aid purposes.

  4.  School districts participating in the school flex program shall submit, on forms provided by the department of elementary and secondary education, an annual report to the department which shall include information required by the department, including but not limited to student participation, drop-out, and graduation rates for students participating in the program.  The department shall annually report to the joint committee on education under section 160.254 on the effectiveness of the program.