167.640.  Student promotion conditioned on remediation — tutorial activities and other suggested programs. — 1.  School districts shall adopt a policy with regard to student promotion which may require remediation as a condition of promotion to the next grade level for any student identified by the district as failing to master skills and competencies established for that particular grade level by the district board of education.  School districts may also require parents or guardians of such students to commit to conduct home-based tutorial activities with their children or, in the case of a student with disabilities eligible for services pursuant to sections 162.670 to 162.1000, the individual education plan shall determine the nature of parental involvement consistent with the requirements for a free, appropriate public education.

  2.  Such remediation shall recognize that different students learn differently and shall employ methods designed to help these students achieve at high levels.  Such remediation may include, but shall not necessarily be limited to, a mandatory summer school program focused on the areas of deficiency or other such activities conducted by the school district outside of the regular school day.  Decisions concerning the instruction of a child who receives special educational services pursuant to sections 162.670 to 162.1000 shall be made in accordance with the child's individualized education plan.

  3.  School districts providing remediation pursuant to this section or section 167.645 outside of the traditional school day may count extra hours of instruction in the calculation of average daily attendance as defined in section 163.011.