| (a) Students with disabilities residing in residential
facilities (RFs) are a unique and vulnerable population that often
has limited access to family members who can advocate for their educational
needs. Accordingly, the commissioner of education hereby establishes
the Residential Facility Monitoring (RFM) system, through which the
Texas Education Agency (TEA) will meet its federal and state special
education monitoring obligations under 34 Code of Federal Regulations §300.149
and §300.600 and Texas Education Code (TEC), §29.010, for
this population. The definition of an RF for purposes of the RFM system
will be included in the Residential Facility Monitoring (RFM) Manual
provided in subsection (f) of this section. Districts serving students
with disabilities residing in RFs located within the districts' geographic
boundaries and/or jurisdictions will be subject to the RFM system.
These districts are referred to as RF districts.
(b) RF districts shall report data, as directed by
the TEA, in a data collection system accessible through the TEA secure
website.
(c) The commissioner shall determine which RF districts
will be subject to RFM activities based on a review of available information
according to the following general criteria or other factors set forth
in the Residential Facility Monitoring (RFM) Manual:
(1) the degree to which the district's data reflect
a need for monitoring and intervention, as indicated by the number
of RF students with disabilities enrolled in the district; the presence
of new RFs within the district; and the district's performance on
certain critical indicators related to compliance with special education
program requirements;
(2) a comparison of the district's performance to aggregated
state performance and to the performance of other districts;
(3) a review of the district's longitudinal performance;
(4) the availability of state and regional resources
to intervene in all districts exhibiting a comparable need for intervention;
and
(5) the length of time since the district was last
subject to RFM activities.
(d) In addition to the criteria under subsection (c)
of this section, the commissioner may use random district selection
as a method of system validation and/or may consider any other applicable
information such as:
(1) complaints investigation results;
(2) special education due process hearing decisions;
(3) data validation activities;
(4) monitoring results under §97.1071 of this
title (relating to Special Program Performance; Monitoring, Review,
and Supports);
(5) the degree to which the district has achieved timely
correction of previously identified noncompliance with program requirements;
(6) longitudinal intervention history; and
(7) other relevant factors.
(e) The commissioner may use graduated monitoring and
intervention activities to implement the RFM system. In addition to
any investigation, intervention, or sanction authorized by TEC, Chapter
39, or §89.1076 of this title (relating to Interventions and
Sanctions), such intervention may require an RF district to implement
and/or participate in:
(1) focused analysis of district data;
(2) reviews of district program effectiveness;
(3) public meetings;
(4) focused compliance reviews conducted by review
teams established by the TEA;
(5) on-site reviews; and/or
(6) corrective action planning.
(f) The specific criteria, standards, and procedures
for implementing the RFM system are described in the Residential Facility
Monitoring (RFM) Manual, dated August 2011, provided in this subsection.
The specific criteria, standards, and procedures used in the RFM manual
adopted for use prior to 2011 remain in effect for all purposes with
respect to the applicable period of adoption.
Attached Graphic
(g) RFM activities under this section are intended
to assist the RF district in achieving compliance with federal and
state special education requirements and do not preclude or substitute
for a sanction under another provision of this subchapter.
(1) The TEA will implement sanctions authorized under
TEC, Chapter 39, or this subchapter as necessary to promote timely
and complete correction of identified noncompliance.
(2) A decision to impose sanctions shall be based on
the accreditation and compliance performance of the district, as determined
under §89.1076 of this title, §97.1057 of this title (relating
to Interventions and Sanctions; Lowered Rating or Accreditation Status),
and this subchapter.
(h) RFM actions taken under this section do not preclude
or substitute for other responses to or consequences of program ineffectiveness
or noncompliance identified by the TEA such as:
(1) assignment of required professional services, paid
for by the district;
(2) required submission of an improvement and/or corrective
action plan, including the provision of compensatory services as appropriate,
paid for by the district;
(3) expanded oversight, including, but not limited
to, frequent follow-up contacts with the district, submission of documentation
verifying implementation of intervention activities and/or a corrective
action plan, and submission of district/program data;
(4) public release of RFM review findings;
(5) issuance of a public notice of deficiencies and
planned corrective actions to the district's board of trustees;
(6) denial of requests under TEC, §7.056 and/or §12.114;
(7) appointment of a monitor, conservator, management
team, or board of managers under TEC, Chapter 39, and/or §97.1073
of this title (relating to Appointment of Monitor, Conservator, or
Board of Managers);
(8) reduction, suspension, redirection, or withholding
of program funds;
(9) lowering of the district's special education monitoring
status; and/or
(10) lowering of the district's accreditation status.
(i) As a system safeguard, the TEA will conduct desk
review or on-site verification activities through random or other
means of selection to verify system effectiveness and/or district
implementation of RFM requirements, including, but not limited to,
accuracy of data reported through the data collection system accessible
through the TEA secure website and other data reporting, timely and
sufficient implementation of monitoring and intervention activities,
implementation of corrective action plans, and continued district
compliance after completion of a corrective action plan.
|
| Source Note: The provisions of this §97.1072 adopted to be effective December 22, 2010, 35 TexReg 11231; amended to be effective August 2, 2011, 36 TexReg 4800; amended to be effective February 5, 2015, 40 TexReg 437; amended to be effective January 11, 2022, 47 TexReg 26 |
