|(a) The provisions of Texas Education Code (TEC), Chapters
39 and 39A, 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, Chapters 39 and 39A, or
this section if the commissioner determines that the action is necessary
to improve any area of performance by the district or campus.
(d) Regardless of whether a district has satisfied
the accreditation criteria, if for two consecutive school years, including
the current school year, a district has had a conservator or management
team assigned, the commissioner may appoint a board of managers, a
majority of whom must be residents of the district, to exercise the
powers and duties of the board of trustees. For purposes of this subsection,
a school year begins on the first day of instruction and includes
any portion of the school year.
(e) Subject to subsections (h)-(k) 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 39A, 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.
(f) In determining whether to impose a particular sanction
under TEC, Chapters 39 and 39A, 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
(2) failure to adequately account for funds;
(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; and
(4) inability to implement effective change to improve
the performance of students in the district or at the campus.
(g) In determining whether to impose a particular sanction
under TEC, Chapters 39 and 39A, 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.
(h) 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
(i) If a finding is made for the first time in the
notice required by subsection (h) 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.
(j) A determination under this section must be made
in writing and may be included in a written notice under subsection
(h) 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.
(k) The commissioner shall annually review a sanction
imposed under subsection (h) of this section and shall increase the
sanction, as required by TEC, §39A.901. The commissioner shall
quarterly review the need for a conservator or a management team imposed
under this subchapter, as required by TEC, §39A.003. If reviews
are required under both TEC, §39A.901 and §39A.003, a quarterly
review under TEC, §39A.003, may satisfy the annual review under
TEC, §39A.901. An annual or quarterly review is not subject to
the requirements of this section.
|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; amended to be effective January 28, 2018, 43 TexReg 452