| (a) The following words and terms, when used in this
section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) Compliance investigation--An investigation by the
Texas Education Agency (TEA) of a state education grant recipient
to determine compliance with the statutory or rule requirements of
a state education program. A compliance investigation is not a special
investigation subject to the provisions of Texas Education Code (TEC), §39.003
and §39.004.
(2) Corrective action--An action required by the TEA,
after issuance of a final compliance investigation report, of a state
education grant recipient to remove an Out-of-Compliance Status, which
may include, but is not limited to, the following:
(A) refunding of a portion of grant funds by the state
education grant recipient to the TEA in an amount determined by the
TEA to the extent the state education grant recipient failed to meet
the requirements of a state education grant provision; and
(B) addressing the state education grant recipient's
failure to meet the requirements of a state education grant provision.
(3) Out-of-Compliance Status--A status determined by
the TEA in a final compliance investigation as described in subsection
(g) of this section that a state education grant recipient has not
met the requirements of an applicable state education grant provision
or as provided in subsection (e) of this section.
(4) State education grant--A grant of funds authorized
by the State of Texas to implement a state education program.
(5) State education grant recipient--An entity that
receives state education grant funds to implement a state education
program.
(6) State education program--A program authorized and
funded by the State of Texas to facilitate the education of children.
(b) The TEA may initiate a compliance investigation
at its discretion or upon receipt of a complaint from a person or
entity other than the TEA.
(c) The TEA may undertake a compliance investigation
on site, as a desk review, or as a combination of both.
(d) The TEA shall provide written notice to a state
education grant recipient of an impending compliance investigation.
(e) The refusal of a state education grant recipient
to cooperate with a compliance investigation may result in the assignment
of an Out-of-Compliance Status by the TEA to the state education grant
recipient. An Out-of-Compliance Status assigned due to lack of cooperation
with a compliance investigation may be removed at the TEA's discretion
upon its determination that a state education grant recipient has
provided the information the TEA requested.
(f) Pursuant to §157.1121(6) of this title (relating
to Applicability), a compliance investigation is subject to the procedures
set out in Chapter 157, Subchapter EE, of this title (relating to
Informal Review, Hearing Following Investigation, and Review by State
Office of Administrative Hearings). A final compliance investigation
report and/or corrective action is not subject to further appeal,
including any appeal otherwise available under TEC, §7.057.
(g) The TEA will provide any final compliance investigation
report and/or corrective action plan to the superintendent/chief executive
officer and the governing board of the state education grant recipient
that is the subject of such final compliance investigation report,
along with any recommendations of the TEA regarding any necessary
improvements or sources of aid.
(h) Upon receipt of additional information from the
state education grant recipient regarding completion of its corrective
action plan, the TEA will review the information. If the information
demonstrates completion or substantial completion of the corrective
action plan, the TEA will remove the Out-of-Compliance Status and
notify the state education grant recipient of the removal of the Out-of-Compliance
Status.
(i) An Out-of-Compliance Status may bar the receipt
of future discretionary state education grant funds and may disqualify
future discretionary state education grant applications.
(j) The commissioner may, at the commissioner's discretion,
waive the effects of an Out-of-Compliance Status.
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| Source Note: The provisions of this §102.1401 adopted to be effective September 11, 2016, 41 TexReg 6684; amended to be effective October 26, 2022, 47 TexReg 6984; amended to be effective January 17, 2024, 49 TexReg 134 |
