(a) This part shall apply to a student's attendance at any remedial instruction that is required by the student's school including, but not limited to, programs conducted during the summer and after the conclusion of the regular school day. The decision to require a student's attendance at such instruction shall be made by the principal of the student's school in coordination with any teachers who provide instruction to the student and any other appropriate school faculty. The principal shall make the decision as to when the student shall be released from the requirement of attending the remedial instruction. Students may be suspended or expelled from the program under § 49-6-3401.

(b) In making the determination under subsection (a) to require a student to attend a remediation program offered outside the regular school day, the principal shall consider the type of transportation available to the student and whether the student would face hardship in attending the program due to lack of transportation.

(c)

(1) The principal of a school shall report promptly to the director of schools, or the director's designated representative, the name of any student required to attend a remedial program who has been absent from the remedial program five (5) times without adequate excuse. The principal shall make the report after the fifth unexcused absence whether the absences have been consecutive or not. The principal shall also report each successive accumulation of five (5) unexcused absences by the student.

(2) If a student's unexcused absences from remedial instruction are reported to the director of schools, or the director's representative, then the director, or the director's representative, shall proceed, pursuant to § 49-6-3007, in the same manner as required for unexcused absences from the regular school day. The appropriate judge having juvenile jurisdiction in the county shall deal with the case in such manner as the judge may determine to be in the best interest of the child, consistent with §§ 37-1-132, 37-1-168 and 37-1-169 and in the event the child is adjudicated to be unruly, the judge may assess a fine of up to fifty dollars ($50.00) or five (5) hours of community service, in the discretion of the judge, against the parents or legal guardians of such student.

(3) This subsection (c) shall only apply to remedial programs that are offered at no cost to the parent; provided, that prior to the LEA requiring the student to attend the remedial program, the LEA commits to provide transportation to those students in the remedial program who qualify for transportation to and from school.