(a)The provisions of Texas Education Code (TEC), Chapter 39, and this subchapter shall be construed and applied to achieve the purposes of accreditation sanctions, which are specified in §97.1053 of this title (relating to Purpose). (b)If the commissioner of education finds that a district or campus does not satisfy the accreditation criteria under TEC, §39.051 and §39.052, the academic performance standards under TEC, §39.054, or any financial accountability standard as determined by the commissioner, the commissioner may lower the district's accreditation status, academic accountability rating, or financial accountability rating, as applicable, and take appropriate action under this subchapter. (c)Regardless of whether the commissioner lowers a district's status or rating under subsection (b) of this section, the commissioner may take action under TEC, Chapter 39, or this section if the commissioner determines that the action is necessary to improve any area of performance by the district or campus. (d)Subject to subsections (g)-(j) [§97.1035 ] of this section [title (relating to Procedures for Accreditation Sanctions)], once the commissioner takes action under this subchapter, the commissioner may impose on the district or campus any other sanction under TEC, Chapter 39, or this subchapter, singly or in combination, to the extent the commissioner determines is reasonably required to achieve the purposes specified in §97.1053 of this title. (e)In determining whether to impose a particular sanction under TEC, Chapter 39, or this subchapter, the commissioner may consider the costs and logistical concerns of the district, but shall give primary consideration to the best interest of the district's students. The sanction selected shall be reasonably calculated to address the district's or campus' deficiencies immediately or within a reasonable time, in the best interest of its present and future students. The following shall be considered as being contrary to the best interests of the district's students: (1)inefficient or ineffectual use of district funds or property; (2)failure to adequately account for funds; and (3)receipt of a substantial over-allocation of funds for which the district has failed to plan prudently in light of its obligation to repay the funds under TEC, §42.258. (f)In determining whether to impose a particular sanction under TEC, Chapter 39, or this subchapter based on resource allocation practices as authorized by TEC, §39.0821 and §39.057(a)(12), (d) and (e), the commissioner shall consider the factors specified in §97.1053 of this title. (g)The commissioner shall notify the school district or open-enrollment charter school in writing of a sanction imposed under this subchapter or §100.1023 of this title (relating to Intervention Based on Charter Violations). The notice must state the basis for finding that the district or open-enrollment charter school does not satisfy the applicable criteria as indicated in this subchapter or §100.1023 of this title. The finding(s) may be made in the notice or in a final investigative report or based on a final investigative report. (h)If a finding is made for the first time in the notice required by subsection (g) of this section, the Texas Education Agency shall comply with Chapter 157, Subchapter EE, Division 1, of this title (relating to Informal Review) with respect to the new finding. (i)A determination under this section must be made in writing and may be included in a written notice under subsection (g) of this section. The determination may be made in the notice or in a final investigative report or based on a final investigative report. A determination under this section may be based on a report on the progress of a prior action under this subchapter. (j)The commissioner shall annually review a sanction imposed under subsection (g) of this section and shall increase the sanction, as required by TEC, §39.108. The commissioner shall quarterly review the need for a conservator or a management team imposed under this subchapter, as required by TEC, §39.111. If reviews are required under both TEC, §39.108 and §39.111, a quarterly review under TEC, §39.111, may satisfy the annual review under TEC, §39.108. An annual or quarterly review is not subject to the requirements of this section.
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed
with the Office of the Secretary of State on October 31, 2014
TRD-201405144 Cristina De La
Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: December 14, 2014
For further information, please call: (512) 475-1497
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