Tex.
Educ. Code Section 39.003
Special Investigations
(a)
The commissioner may authorize special investigations to be conducted:(1)
when excessive numbers of absences of students eligible to be tested on state assessment instruments are determined;(2)
when excessive numbers of allowable exemptions from the required state assessment instruments are determined;(3)
in response to complaints submitted to the agency with respect to alleged violations of civil rights or other requirements imposed on the state by federal law or court order;(4)
in response to established compliance reviews of the district’s financial accounting practices and state and federal program requirements;(5)
when extraordinary numbers of student placements in disciplinary alternative education programs, other than placements under Sections 37.006 (Removal for Certain Conduct) and 37.007 (Expulsion for Serious Offenses), are determined;(6)
in response to an allegation involving a conflict between members of the board of trustees or between the board and the district administration if it appears that the conflict involves a violation of a role or duty of the board members or the administration clearly defined by this code;(7)
when excessive numbers of students in special education programs under Subchapter A (Statewide Plan), Chapter 29 (Educational Programs), are assessed through assessment instruments developed or adopted under Section 39.023 (Adoption and Administration of Instruments)(b);(8)
in response to an allegation regarding or an analysis using a statistical method result indicating a possible violation of an assessment instrument security procedure established under Section 39.0301 (Security in Administration of Assessment Instruments), including for the purpose of investigating or auditing a school district under that section;(9)
when a significant pattern of decreased academic performance has developed as a result of the promotion in the preceding two school years of students who did not perform satisfactorily as determined by the commissioner under Section 39.0241 (Performance Standards)(a) on assessment instruments administered under Section 39.023 (Adoption and Administration of Instruments)(a), (c), or (l);(10)
when excessive numbers of students eligible to enroll fail to complete an Algebra II course or any other advanced course as determined by the commissioner;(11)
when resource allocation practices as evaluated under Section 39.0821 (Comptroller Review of Resource Allocation Practices) indicate a potential for significant improvement in resource allocation;(12)
when a disproportionate number of students of a particular demographic group is graduating with a particular endorsement under Section 28.025 (High School Diploma and Certificate; Academic Achievement Record)(c-1);(13)
when an excessive number of students is graduating with a particular endorsement under Section 28.025 (High School Diploma and Certificate; Academic Achievement Record)(c-1);(14)
in response to a complaint submitted to the agency with respect to alleged inaccurate data that is reported through the Public Education Information Management System (PEIMS) or through other reports required by state or federal law or rule or court order and that is used by the agency to make a determination relating to public school accountability, including accreditation, under this chapter;(15)
when 10 percent or more of the students graduating in a particular school year from a particular high school campus are awarded a diploma based on the determination of an individual graduation committee under Section 28.0258 (High School Diploma Awarded on Basis of Individual Graduation Committee Review);(16)
when a school district for any reason fails to produce, at the request of the agency, evidence or an investigation report relating to an educator who is under investigation by the State Board for Educator Certification; or(17)
as the commissioner otherwise determines necessary.(b)
If the agency’s findings in an investigation under Subsection (a)(6) indicate that the board of trustees has observed a lawfully adopted policy that does not otherwise violate a law or rule, the agency may not substitute its judgment for that of the board.(c)
The commissioner may authorize special investigations to be conducted in response to repeated complaints submitted to the agency concerning imposition of excessive paperwork requirements on classroom teachers.(d)
Based on the results of a special investigation, the commissioner may:(1)
take appropriate action under Chapter 39A (Accountability Interventions and Sanctions);(2)
lower the school district’s accreditation status or a district’s or campus’s accountability rating; or(3)
take action under both Subdivisions (1) and (2).(e)
At any time before issuing a report with the agency’s final findings, the commissioner may defer taking an action under Subsection (d) until:(1)
a person who is a third party, selected by the commissioner, has reviewed programs or other subjects of an investigation under this section and submitted a report identifying problems and proposing solutions;(2)
a district completes a corrective action plan developed by the commissioner; or(3)
the completion of actions under both Subdivisions (1) and (2).(f)
Based on the results of an action taken under Subsection (e), the commissioner may decline to take the deferred action under Subsection (d).
Source:
Section 39.003 — Special Investigations, https://statutes.capitol.texas.gov/Docs/ED/htm/ED.39.htm#39.003 (accessed Apr. 29, 2024).
