| (a) School districts and open-enrollment charter schools
are subject to general supervision and monitoring activities for compliance
with state law and federal regulation 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, §39.057.
(b) Activities described in subsection (a) 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).
(c) The commissioner of education shall assign school
districts, including open-enrollment charter schools, an annual determination
level based on performance levels of certain special populations student
groups under §97.1005 of this title (relating to Results Driven
Accountability) 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.
(d) In addition to performance levels determined under §97.1005
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.
(e) 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.
(f) In addition to determination levels described in
subsections (c) and (e) of this section, the commissioner may 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.
(g) 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
(f)(1)-(6) of this section.
(h) Actions taken under this section are intended to
assist the district in raising its performance and/or achieving compliance
under §97.1005 of this title, statutory requirements in TEC, §28.006
and §38.003, and §74.28 of this title and do not preclude
or substitute for a sanction under another provision of this subchapter.
(i) 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) required fiscal audit of specific program(s) and/or
of the district, paid for by the district;
(2) required submission of improvement and/or corrective
action plan(s), 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
verif ying implementation of intervention activities and/or an improvement
plan, and submission of district/program data;
(4) public release of monitoring review findings;
(5) denial of requests under TEC, §7.056 and/or §12.114;
(6) reduction, suspension, redirection, or withholding
of program funds;
(7) lowering of the special education determination
level of the district; and/or
(8) lowering of the district's accreditation status,
academic accountability rating, and/or financial accountability rating.
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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 |
