The Texas Education Agency (TEA) shall establish and implement a system of interventions and sanctions, in accordance with the Individuals with Disabilities Education Act, 20 USC, §§1400 et seq., Texas Education Code (TEC), §29.010, and TEC, Chapter 39, as necessary to ensure compliance with federal and state requirements regarding the implementation of special education and related services. In accordance with TEC, §39.131(a), the TEA may combine any intervention and sanction. The system of interventions and sanctions will include, but not be limited to, the following: (1)on-site review for failure to meet program or compliance requirements; (2)required fiscal audit of specific program(s) and/or of the district, paid for by the district; (3)required submission of corrective action(s), including compensatory services, paid for by the district; (4)required technical assistance from the education service center, paid for by the district; (5)public release of program or compliance review findings; (6)special investigation and/or follow-up verification visits; (7)required public hearing conducted by the local school board of trustees; (8)assignment of a special purpose monitor, conservator [master], or management team, paid for by the district; (9)hearing before the commissioner of education or designee; (10)reduction in payment or withholding of funds; and/or (11)lowering of the special education compliance status and/or the accreditation rating of the district.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 9, 2004
TRD-200400805 Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: March 21, 2004
For further information, please call: (512) 475-1497
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