(a) The provisions of Texas Education Code (TEC), Chapter
39, and this subchapter shall be construed and applied to achieve
the purposes of accreditation sanctions, which are specified in §97.1053
of this title (relating to Purpose).
(b) If the commissioner of education finds that a district
or campus does not satisfy the accreditation criteria under TEC, §39.051
and §39.052, the academic performance standards under TEC, §39.054,
or any financial accountability standard as determined by the commissioner,
the commissioner may lower the district's accreditation status, academic
accountability rating, or financial accountability rating, as applicable,
and take appropriate action under this subchapter.
(c) Regardless of whether the commissioner lowers a
district's status or rating under subsection (b) of this section,
the commissioner may take action under TEC, Chapter 39, or this section
if the commissioner determines that the action is necessary to improve
any area of performance by the district or campus.
(d) Subject to subsections (g)-(j) of this section,
once the commissioner takes action under this subchapter, the commissioner
may impose on the district or campus any other sanction under TEC,
Chapter 39, or this subchapter, singly or in combination, to the extent
the commissioner determines is reasonably required to achieve the
purposes specified in §97.1053 of this title.
(e) In determining whether to impose a particular sanction
under TEC, Chapter 39, or this subchapter, the commissioner may consider
the costs and logistical concerns of the district, but shall give
primary consideration to the best interest of the district's students.
The sanction selected shall be reasonably calculated to address the
district's or campus' deficiencies immediately or within a reasonable
time, in the best interest of its present and future students. The
following shall be considered as being contrary to the best interests
of the district's students:
(1) inefficient or ineffectual use of district funds
or property;
(2) failure to adequately account for funds; and
(3) receipt of a substantial over-allocation of funds
for which the district has failed to plan prudently in light of its
obligation to repay the funds under TEC, §42.258.
(f) In determining whether to impose a particular sanction
under TEC, Chapter 39, or this subchapter based on resource allocation
practices as authorized by TEC, §39.0821 and §39.057(a)(12),
(d) and (e), the commissioner shall consider the factors specified
in §97.1053 of this title.
(g) The commissioner shall notify the school district
or open-enrollment charter school in writing of a sanction imposed
under this subchapter or §100.1023 of this title (relating to
Intervention Based on Charter Violations). The notice must state the
basis for finding that the district or open-enrollment charter school
does not satisfy the applicable criteria as indicated in this subchapter
or §100.1023 of this title. The finding(s) may be made in the
notice or in a final investigative report or based on a final investigative
report.
(h) If a finding is made for the first time in the
notice required by subsection (g) of this section, the Texas Education
Agency shall comply with Chapter 157, Subchapter EE, Division 1, of
this title (relating to Informal Review) with respect to the new finding.
(i) A determination under this section must be made
in writing and may be included in a written notice under subsection
(g) of this section. The determination may be made in the notice or
in a final investigative report or based on a final investigative
report. A determination under this section may be based on a report
on the progress of a prior action under this subchapter.
(j) The commissioner shall annually review a sanction
imposed under subsection (g) of this section and shall increase the
sanction, as required by TEC, §39.108. The commissioner shall
quarterly review the need for a conservator or a management team imposed
under this subchapter, as required by TEC, §39.111. If reviews
are required under both TEC, §39.108 and §39.111, a quarterly
review under TEC, §39.111, may satisfy the annual review under
TEC, §39.108. An annual or quarterly review is not subject to
the requirements of this section.
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Source Note: The provisions of this §97.1057 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 |