| (a) Before the Texas Education Agency (TEA) disapproves
an application filed under any of the following programs, the commissioner
of education shall provide the applicant with notice and an opportunity
for a hearing:
(1) Chapter 1, program in local educational agencies,
as authorized under the Elementary and Secondary Education Act of
1965, Title I, Chapter 1, as amended (20 United States Code (USC), §§2701-2731,
2821-2838, 2851-2854, and 2891-2901; and 34 Code of Federal Regulations
(CFR), Part 200);
(2) Chapter 1, program for neglected or delinquent
children, as authorized under the Elementary and Secondary Education
Act of 1965, Title I, Chapter 1, as amended (20 USC, §§2801-2804;
and 34 CFR, Part 203);
(3) state grants for strengthening instruction in mathematics
and science, as authorized under the Elementary and Secondary Education
Act of 1965, Title II, Part A, as amended (20 USC, §§2981-2993;
and 34 CFR, Part 208);
(4) federal, state, and local partnership for educational
improvement, as authorized under the Elementary and Secondary Education
Act of 1965, Title I, Chapter 2, as amended (20 USC, §§2911-2952
and 2971-2976; and 34 CFR, Part 298);
(5) assistance to states for education of children
with disabilities, as authorized under the Individuals with Disabilities
Education Act, Part B (except Section 619) (20 USC, §§1411-1420;
and 34 CFR, Part 300);
(6) preschool grants, as authorized under the Individuals
with Disabilities Education Act, §619 (20 USC, §1419; and
34 CFR, Part 301);
(7) Chapter 1, state operated or supported programs
for children with disabilities, as authorized under the Elementary
and Secondary Education Act of 1965, Title I, Chapter 1, as amended
(20 USC, §§2791-2795; and 34 CFR, Part 302);
(8) transition program for refugee children, as authorized
under the Immigration and Naturalization Act, §412(d) (8 USC, §1522(d);
and 34 CFR, Part 538);
(9) emergency immigrant education program, as authorized
under the Emergency Immigrant Education Act (20 USC, §§3121-3130;
and 34 CFR, Part 581); or
(10) financial assistance for construction, reconstruction,
or renovation of higher education facilities, as authorized under
the Higher Education Act of 1965, §711 (20 USC, §1132b;
and 34 CFR, Part 617).
(b) If the applicant applied under a program not listed
in subsection (a) of this section, the commissioner of education shall
provide an opportunity for a hearing either before or after TEA disapproves
the application.
(c) An applicant for a subgrant may request a hearing
under §157.1083 of this title (relating to Procedures for Hearing
for Denial of an Application or an Enforcement Action) if the applicant
alleges that any of the following TEA actions violates a state or
federal statute or regulation:
(1) disapproval of, or failure to approve, the application
or project in whole or in part; or
(2) failure to provide funds in amounts in accordance
with the requirements of statutes and regulations.
|
