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Texas Education Code - Section 29.010. Compliance

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§ 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, 
1999.

Last modified: August 11, 2007