19 Tex. Admin. Code § 97.1059 - Standards for All Accreditation Sanction Determinations
(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 and its campuses 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 §
109.1001 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; Monitoring, Review, and Supports) or other
law;
(E) the results of a special
investigation under Texas Education Code, §
39.003;
(F) the results of an investigative report
under Chapter 157, Subchapter EE, of this title (relating to Informal Review,
Hearing Following Investigation, and Review by State Office of Administrative
Hearings); complaint investigation; special education due process hearing; or
data integrity investigation, including an investigation of assessment or
financial data;
(G) an inability to
implement effective change to improve the performance of students in the
district or at the campus; or
(H)
other information related to subparagraphs (A)-(G) 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.
(e) The
commissioner must review at least annually the performance of a district for
which the accreditation status or academic accountability rating has been
lowered due to insufficient student performance and may not raise the
accreditation status or rating until the district has demonstrated improved
student performance. If the review reveals a lack of improvement, the
commissioner shall increase the level of state intervention and sanction unless
the commissioner finds good cause for maintaining the current status.
Notes
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