Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 97 - PLANNING AND ACCOUNTABILITY › Subchapter EE - ACCREDITATION STATUS, STANDARDS, AND SANCTIONS › Division 1 - STATUS, STANDARDS, AND SANCTIONS › Section 97.1057 - Interventions and Sanctions; Lowered Rating or Accreditation Status

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions of Texas Education Code
					 (TEC), Chapters 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 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) Subject to subsections
					 (h)-(k) 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) In determining whether to impose a
					 particular sanction under TEC, Chapters 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;
(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.