(a)The provisions of Texas Education Code (TEC), Chapters
[Chapter] 39 and 39A, 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, Chapters [Chapter
] 39 and 39A, or this section if the commissioner
determines that the action is necessary to improve any area of performance
by the district or campus.
(d)Regardless of whether a district
has satisfied the accreditation criteria, if for two consecutive school
years, including the current school year, a district has had a conservator
or management team assigned, the commissioner may appoint a board
of managers, a majority of whom must be residents of the district,
to exercise the powers and duties of the board of trustees. For purposes
of this subsection, a school year begins on the first day of instruction
and includes any portion of the school year.
(e)[(d)] Subject to subsections
(h)-(k) [(g)-(j)] of this section, 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
39A, 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.
(f)[(e)] In determining whether
to impose a particular sanction under TEC, Chapters [Chapter
] 39 and 39A, 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; and[
.]
(4)inability to implement effective
change to improve the performance of students in the district or at
the campus.
(g)[(f)] In determining whether
to impose a particular sanction under TEC, Chapters [Chapter
] 39 and 39A, 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.
(h)[(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.
(i)[(h)] If a finding is made
for the first time in the notice required by subsection (h) [
(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.
(j)[(i)] A determination under
this section must be made in writing and may be included in a written
notice under subsection (h) [(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.
(k)[(j)] The commissioner shall
annually review a sanction imposed under subsection (h) [
(g)] of this section and shall increase the sanction, as required
by TEC, §39A.901 [§39.108]. The commissioner
shall quarterly review the need for a conservator or a management
team imposed under this subchapter, as required by TEC, §39A.003
[§39.111]. If reviews are required under both
TEC, §39A.901 [§39.108] and §39A.003
[§39.111], a quarterly review under TEC, §39A.003
[§39.111], may satisfy the annual review under
TEC, §39A.901 [§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 September 18, 2017
TRD-201703663 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible date of adoption: October 29, 2017
For further information, please call: (512) 475-1497
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