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; TEC, Chapter 39; and TEC, Chapter 39A, as necessary to ensure program
effectiveness and compliance with federal and state requirements regarding the
implementation of special education and related services. TEA may combine any
intervention and sanction. The system of interventions and sanctions will
include, but not be limited to, the following:
(1) onsite review for failure to meet program
or compliance requirements;
(2)
required program or compliance audits, paid for by the district;
(3) required submission of corrective
actions, including, but not limited to, compensatory services, paid for by the
district;
(4) required technical
assistance and support, paid for by the district;
(5) public release of program or compliance
review or audit 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 monitor, conservator, or management team,as these terms are
defined in TEC, Chapter 39A, paid for by the district;
(9) hearing before the commissioner of
education or designee;
(10) placing
specific conditions on grant funds, reduction in payment, required redirection
of funds, 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.
Notes
19
Tex. Admin. Code §
89.1076
The provisions of this §89.1076 adopted to be
effective March 6, 2001, 26 TexReg 1837; amended to be effective June 7, 2004,
29 TexReg 5608; amended to be effective November 11, 2007, 32 TexReg 8129;
amended by
Texas
Register, Volume 39, Number 52, December 26, 2014, TexReg
10460, eff. 1/1/2015; Amended by
Texas
Register, Volume 49, Number 33, August 16, 2024, TexReg
6206, eff.
8/22/2024