PART 2. TEXAS EDUCATION AGENCY
CHAPTER 102. EDUCATIONAL PROGRAMS
SUBCHAPTER KK. COMMISSIONER'S RULES CONCERNING COMPLIANCE INVESTIGATIONS IN CONNECTION WITH STATE-FUNDED EDUCATION PROGRAM GRANTS
The Texas Education Agency (TEA) adopts an amendment to §102.1401, concerning compliance investigations in connection with state-funded education program grants. The amendment is adopted without changes to the proposed text as published in the October 13, 2023 issue of the Texas Register (48 TexReg 5935) and will not be republished. The adopted amendment updates the term "special accreditation investigation" to "special investigation" to align with statute.
REASONED JUSTIFICATION: Section 102.1401 outlines the framework for compliance investigations, corrective actions, and sanctions TEA may initiate for recipients of state education program grant funds to ensure taxpayer dollars are being spent appropriately and prevent fraud, waste, and abuse. The rule requires cooperation by state grant recipients, including the submission of required documentation and information, with ongoing compliance investigations. It also indirectly requires, via compliance investigations, that school districts and charter schools maintain documentation of compliance with existing state grant requirements as prescribed by TEA through requests for application for state grants.
The adopted amendment to §102.1401(a)(1) changes the term "special accreditation investigation" to "special investigation" to align with terminology used in Texas Education Code, §39.003 and §39.004.
SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began October 13, 2023, and ended November 13, 2023. No public comments were received.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §7.028(a)(2), which authorizes Texas Education Agency to monitor compliance with state grant requirements; and TEC, §39.056(a), which authorizes the commissioner to direct the agency to conduct monitoring reviews and random on-site visits of a school district or charter school as authorized by TEC, §7.028.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §7.028 and §39.056.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 28, 2023.
TRD-202304996
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: January 17, 2024
Proposal publication date: October 13, 2023
For further information, please call: (512) 475-1497