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The Texas Education Agency (TEA) must establish and implement
a system of interventions and sanctions, in accordance with the Individuals
with Disabilities Education Act, 20 United States Code, §§1400
et seq., Texas Education Code (TEC), §29.010, and TEC, Chapter
39, as necessary to ensure program effectiveness and compliance with
federal and state requirements regarding the implementation of special
education and related services. In accordance with TEC, §39.102,
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 programs and/or
of the district, paid for by the district;
(3)required submission of corrective actions, including
compensatory services, paid for by the district;
(4)required technical assistance, 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;
(11)lowering of the special education monitoring/compliance
status and/or the accreditation rating of the district; and/or
(12)other authorized interventions and sanctions as
determined by the commissioner.
The agency certifies that legal counsel has
reviewed the adoption and found it to be a valid exercise of the agency's
legal authority.
Filed with the Office
of the Secretary of State on December 12, 2014
TRD-201405982 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: January 1, 2015
Proposal publication date: June 13,
2014
For further information, please call: (512) 475-1497
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