The Texas Education Agency (TEA) must establish and implement
a system of interventions and sanctions in accordance with the Individuals
with Disabilities Education Act, 20 United States Code, §§1400
et seq.; Texas Education Code (TEC), §29.010; TEC, Chapter 39;
and TEC, Chapter 39A, as necessary to ensure program effectiveness
and compliance with federal and state requirements regarding the implementation
of special education and related services. TEA may combine any intervention
and sanction. The system of interventions and sanctions will include,
but not be limited to, the following:
(1) onsite review for failure to meet program or compliance
requirements;
(2) required program or compliance audits, paid for
by the district;
(3) required submission of corrective actions, including,
but not limited to, compensatory services, paid for by the district;
(4) required technical assistance and support, paid
for by the district;
(5) public release of program or compliance review
or audit findings;
(6) special investigation and/or follow-up verification
visits;
(7) required public hearing conducted by the local
school board of trustees;
(8) assignment of a monitor, conservator, or management
team, as these terms are defined in TEC, Chapter 39A, paid for by
the district;
(9) hearing before the commissioner of education or
designee;
(10) placing specific conditions on grant funds, reduction
in payment, required redirection of funds, or withholding of funds;
(11) lowering of the special education monitoring/compliance
status and/or the accreditation rating of the district; and/or
(12) other authorized interventions and sanctions as
determined by the commissioner.
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| Source Note: The provisions of this §89.1076 adopted to be effective March 6, 2001, 26 TexReg 1837; amended to be effective June 7, 2004, 29 TexReg 5608; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective August 22, 2024, 49 TexReg 6198 |
