Texas Register

TITLE 19 EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 97PLANNING AND ACCOUNTABILITY
SUBCHAPTER EEACCREDITATION STATUS, STANDARDS, AND SANCTIONS
RULE §97.1059Standards for All Accreditation Sanction Determinations
ISSUE 06/15/2007
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The commissioner of education shall impose district and campus accreditation sanctions under this subchapter individually or in combination as the commissioner determines necessary to achieve the purposes identified in §97.1053 of this title (relating to Purpose).

(b)In making a determination under subsection (a) of this section, the commissioner shall consider the seriousness, number, extent, and duration of deficiencies identified by the Texas Education Agency (TEA), and shall impose one or more accreditation sanctions on a district as needed to address:

  (1)each material deficiency identified by the TEA through its systems for district and campus accountability, including:

    (A)an accreditation status under §97.1055 of this title (relating to Accreditation Status);

    (B)an academic accountability rating under §97.1001 of this title (relating to Accountability Rating System);

    (C)a financial accountability rating under §109.1002 of this title (relating to Financial Accountability Ratings) or a financial audit or investigation;

    (D)program effectiveness under §97.1071 of this title (relating to Special Program Performance; Intervention Stages) or other law;

    (E)the results of a special accreditation investigation under Texas Education Code, §39.075;

    (F)the results of an investigative report under §97.1033 of this title (relating to Informal Review of Preliminary Investigative Report; Final Investigative Report); complaint investigation; special education due process hearing; or data integrity investigation, including an investigation of assessment or financial data; or

    (G)other information related to subparagraphs (A) - (F) of this paragraph.

  (2)any ongoing failures to address deficiencies previously identified or patterns of recurring deficiencies;

  (3)any lack of district responsiveness to, or compliance with, current or prior interventions or sanctions; and

  (4)any substantial or imminent harm presented by the deficiencies of the district or campus to the welfare of its students or to the public interest.

(c)If the commissioner identifies a district and one or more of its campuses for accreditation sanction under subsection (a) of this section, the commissioner may elect to combine activities to be undertaken at the district and campus levels as needed to achieve the purposes of each sanction.

(d)When making any campus-level determination under this subchapter, the commissioner shall also consider the district-level performance of the district on applicable academic, fiscal, and compliance standards.

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 June 4, 2007

TRD-200702223

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Earliest possible date of adoption: July 15, 2007

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



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