Texas Register

TITLE 19 EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 89ADAPTATIONS FOR SPECIAL POPULATIONS
SUBCHAPTER AACOMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES
DIVISION 2CLARIFICATION OF PROVISIONS IN FEDERAL REGULATIONS AND STATE LAW
RULE §89.1076Interventions and Sanctions
ISSUE 06/04/2004
ACTION Final/Adopted
Preamble Texas Admin Code Rule

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, 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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 18, 2004

TRD-200403366

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: June 7, 2004

Proposal publication date: February 20, 2004

For further information, please call: (512) 475-1497



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