| (a) For purposes of this section, school districts
include open-enrollment charter schools.
(b) School districts are subject to general supervision
and monitoring activities for compliance with state law and federal
regulation, implemented by the Texas Education Agency (TEA) under
34 Code of Federal Regulations (CFR), §§300.600-300.609,
and review of program implementation and effectiveness within certain
special populations of students. Activities may include:
(1) random, targeted, or cyclical reviews authorized
under Texas Education Code (TEC), §39.056, conducted remotely
or on-site to identify problems implementing state and federal requirements
and to provide support for development of reasonable and appropriate
strategies to address identified problems; and/or
(2) intensive or special investigative remote or on-site
reviews authorized under TEC, §39.003 and §39.004.
(c) Activities described in subsection (b) of this
section are applicable for compliance with requirements for reading
diagnosis in TEC, §28.006, and dyslexia and related disorders
in TEC, §38.003, and §74.28 of this title (relating to Students
with Dyslexia and Related Disorders).
(d) Activities described in subsection (b) of this
section are applicable for compliance with requirements for program
effectiveness for emergent bilingual students in TEC, §29.062.
(e) The commissioner of education shall assign school
districts an annual determination level based on performance levels
of certain special populations student groups under §97.1001
of this title (relating to Accountability Rating System) according
to the following general criteria:
(1) the degree to which the district's performance
reflects a need for targeted or intensive supports, as indicated by
the seriousness, number, extent, and duration of the student performance,
program effectiveness, and/or program compliance deficiencies identified
by the Texas Education Agency (TEA);
(2) a comparison of the district's performance relative
to aggregated state performance and state performance standards;
(3) a statistical distribution of districts exhibiting
a comparable need for targeted support; and
(4) the length of time the performance standard has
been in place and the length of time the district has exhibited deficiencies
under the standard.
(f) In addition to performance levels determined under §97.1001
of this title, the commissioner may consider any other applicable
information, such as:
(1) complaints investigation results;
(2) special education due process hearing decisions;
(3) data validation activities;
(4) integrity of assessment or financial data;
(5) longitudinal intervention history; and
(6) other federally required elements.
(g) The standards used to assign districts to specific
determination levels under this section are established annually by
the commissioner and communicated to all school districts. Determination
level categories for assignment include:
(1) meets requirements;
(2) needs assistance;
(3) needs intervention; and
(4) needs substantial intervention.
(h) In addition to determination levels described in
subsections (e) and (g) of this section, the commissioner shall develop
a system of cyclical monitoring to ensure every district participates
in general supervision activities. Based on a district's assigned
determination level, as part of its cyclical monitoring process, or
as part of compliance monitoring activities, a district may be required
to implement and/or participate in:
(1) focused self-analysis of district data and program
effectiveness;
(2) focused remote and/or on-site review;
(3) required stakeholder engagement;
(4) focused compliance reviews;
(5) strategic support and continuous improvement planning;
and/or
(6) corrective action plan development.
(i) The commissioner shall notify in writing each district
identified for review under this section as a result of assigned determination
level or cyclical selection prior to requiring a district to implement
or participate in any activities included in subsection (h)(1)-(6)
of this section.
(j) Actions taken under this section are intended to
assist the district in raising its performance and/or achieving compliance
under §97.1001 of this title, statutory requirements in TEC, § §28.006,
29.062, and 38.003, and §74.28 of this title and do not preclude
or substitute for a sanction under another provision of this subchapter.
(k) Actions taken under this section do not preclude
or substitute for other responses to or consequences of program ineffectiveness
or noncompliance identified by TEA, such as those described in §89.1076
of this title (relating to Interventions and Sanctions) and expanded
oversight, including, but not limited to, frequent follow-up contacts
with the district, submission of documentation verifying implementation
of intervention activities and/or an improvement plan, and submission
of district/program data.
(l) In exercising its general supervision authority
under 34 CFR, §300.149 and §300.600, TEA has established
a process that provides for the investigation and issuance of findings
regarding credible allegations of violations of the Individuals with
Disabilities Education Act (IDEA), Part B, or a state statute or administrative
rule created to implement IDEA, that arise from an area of concern.
The following guidelines shall apply to this process.
(1) "Area of concern" means that TEA has been made
aware of an allegation regarding a violation of, or noncompliance
with, a requirement of IDEA, Part B, or a state special education
law or administrative rule.
(2) "Credible allegation" means that TEA has determined
that an allegation arising from an area of concern is credible enough
to investigate further to determine if a violation or noncompliance
has occurred.
(3) Information and awareness of an area of concern
may arise directly from TEA or from external sources.
(4) TEA will engage in a process to determine if an
area of concern is determined to be a credible allegation, and, if
determined credible, TEA will initiate an investigation to determine
if findings of noncompliance will be issued.
(5) TEA will generally not engage in the process described
in paragraph (7) of this subsection to determine if an area of concern
is a credible allegation if it is a media report, social media post,
or an anonymous report, unless TEA receives corroborating information
and facts that a specific violation of state or federal law or rule
has occurred if the allegation were to be confirmed true.
(6) When an individual or organization reports a special
education area of concern, TEA may direct the individual or organization
to the established dispute resolution processes. Depending on the
frequency or specificity of the type of allegation made, TEA may engage
in the activities described in paragraph (4) of this subsection.
(7) The process to determine if an area of concern
is a credible allegation, as described in paragraph (4) of this subsection,
may include one or more of the following actions:
(A) reviewing existing citations of noncompliance or
any noncompliance identified within the last two school years on the
same or similar alleged violation;
(B) reviewing filed state complaints that are in process
of being investigated or that have been substantiated within the last
two school years on the same or similar alleged violation;
(C) reviewing due process hearing decisions issued
within the last two years in which the hearing officer's final written
decision contains a finding of noncompliance on the same or similar
alleged violation;
(D) gathering evidence from groups that represent or
advocate for families and communities served by the district;
(E) reviewing and analyzing available student- or district-level
data that relate to the alleged violation;
(F) reviewing and analyzing fiscal and program information,
such as grant applications, contracts, self-assessments, and other
special education documents submitted to TEA by the district; and
(G) any other activity or measure used to gather evidence
within TEA's general supervision and monitoring authority.
(8) The investigation to determine if a credible allegation
will result in the issuance of findings as described under paragraph
(4) of this subsection will include contacting the school district
that is the subject of the allegation and requesting a response from
the school district. Additional investigative actions may include
one or more of the following:
(A) conducting interviews with the district, staff,
parents, or students;
(B) a referral for review or investigation by any other
appropriate unit or division within TEA;
(C) utilizing the review and analysis of the activities
conducted during the review under paragraph (7) of this subsection
to determine if noncompliance is found; and
(D) any other activity or measure within TEA's general
supervision and monitoring authority.
(9) TEA may apply any intervention or sanction within
its authority if noncompliance or a violation is substantiated, including
those described in subsection (h) of this section and §89.1076
of this title.
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| Source Note: The provisions of this §97.1071 adopted to be effective January 6, 2008, 33 TexReg 150; amended to be effective July 28, 2010, 35 TexReg 6523; amended to be effective February 5, 2015, 40 TexReg 437; amended to be effective January 5, 2021, 45 TexReg 160; amended to be effective September 18, 2024, 49 TexReg 7319 |
