Texas Education Code - Section 29.010. Compliance
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Texas Laws > Education Code > Texas Education Code - Section 29.010. Compliance
Section: 29.0041 29.005 29.0051 29.006 29.007 29.008 29.009 29.010 29.011 29.012 29.013 29.014 29.015 29.016 29.0161
§ 29.010. COMPLIANCE. (a) The agency shall adopt and
implement a comprehensive system for monitoring school district
compliance with federal and state laws relating to special
education. The monitoring system must provide for ongoing analysis
of district special education data and of complaints filed with the
agency concerning special education services and for inspections of
school districts at district facilities. The agency shall use the
information obtained through analysis of district data and from the
complaints management system to determine the appropriate schedule
for and extent of the inspection.
(b) To complete the inspection, the agency must obtain
information from parents and teachers of students in special
education programs in the district.
(c) The agency shall develop and implement a system of
sanctions for school districts whose most recent monitoring visit
shows a failure to comply with major requirements of the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.), federal regulations, state statutes, or agency
requirements necessary to carry out federal law or regulations or
state law relating to special education.
(d) For districts that remain in noncompliance for more than
one year, the first stage of sanctions shall begin with annual or
more frequent monitoring visits. Subsequent sanctions may range in
severity up to the withholding of funds. If funds are withheld, the
agency may use the funds to provide, through alternative
arrangements, services to students and staff members in the
district from which the funds are withheld.
(e) The agency's complaint management division shall
develop a system for expedited investigation and resolution of
complaints concerning a district's failure to provide special
education or related services to a student eligible to participate
in the district's special education program.
(f) This section does not create an obligation for or impose
a requirement on a school district or open-enrollment charter
school that is not also created or imposed under another state law
or a federal law.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 1417, § 1, eff. June 19,
Last modified: August 11, 2007