AIE(LEGAL) - ACCOUNTABILITY: INVESTIGATIONS

Special Investigations

  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 are determined;
  3. In response to complaints to TEA of 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 reporting requirements;
  5. When extraordinary numbers of student placements in disciplinary alternative education programs, other than placements under Education Code 37.006 and 37.007, are determined;
  6. In response to an allegation involving a conflict between members of the board 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 the Education Code. If TEA's findings indicate the board has observed a lawfully adopted policy, TEA may not substitute its judgment for that of the board;
  7. When excessive numbers of students in special education programs are assessed through modified assessment instruments;
  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;
  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 on the state assessments;
  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 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;
  13. When an excessive number of students is graduating with a particular endorsement;
  14. When a school district for any reason fails to produce, at the request of TEA, evidence or an investigation report relating to an educator who is under investigation by the State Board for Educator Certification;
  15. When ten 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 Education Code 28.0258;
  16. In response to a complaint with respect to alleged inaccurate data that is reported through PEIMS or through other reports required by state or federal law or rule or court order and that is used by TEA to make a determination relating to public school accountability, including accreditation, under Education Code Chapter 39;
  17. In response to repeated complaints concerning imposition of excessive paperwork requirements on classroom teachers; or
  18. As the commissioner otherwise determines necessary.

Note: The procedures for conducting a special investigation, holding a hearing following an investigation, the process for commissioner determinations, and judicial appeal are described in Education Code 39.004–.007.

Commissioner Action

  1. Take appropriate action under Education Code Chapter 39A, [see AIC];
  2. Lower the district's accreditation status or a district's or campus's performance rating; or
  3. Take action under both items 1 and 2 above.
  1. A person who is a third party, selected by the commissioner, has reviewed programs or other subjects of a special investigation 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 items 1 and 2 above.

Monitoring Reviews

  1. Compliance with federal law and regulations;
  2. Financial accountability, including compliance with grant requirements;
  3. Data integrity for purposes of:
    1. The Public Education Information Management System (PEIMS); and
    2. Accountability under Education Code Chapter 39 and 39A; and
  4. Qualification for funding under Chapter 48.

Compliance Monitoring Activities

  1. Random, targeted, or cyclical reviews authorized under Education Code 39.056 (monitoring reviews), conducted remotely or on-site to identify problems implementing state and federal requirements and to provide support for development of reasonable and appropriate strategies to address identified problems; and/or
  2. Intensive or special investigative remote or on-site reviews authorized under Education Code 39.057 (redesignated to Education Code 39.003, special investigations).

Notice

Conducting the Review

Converting to a Special Investigation

Improvements

Appeals

Covington ISD

AIE(LEGAL)-P

UPDATE 118

DATE ISSUED: 10/20/2021