TEXAS EDUCATION AGENCY

Texas Administrative Code, Title 19, Part II


Subchapter CC. Hearings of Appeals Arising Under Federal Law and Regulations

Statutory Authority: The provisions of this Subchapter CC issued under 34 Code of Federal Regulations (CFR), §76.401, unless otherwise noted.

§157.1081. Applicant's Opportunity for a Hearing.

(a)  Before the Texas Education Agency (TEA) disapproves an
     application filed under any of the following programs, the
     commissioner of education shall provide the applicant with
     notice and an opportunity for a hearing:

     (1)  Chapter 1 program in local educational agencies, as
          authorized under the Elementary and Secondary Education
          Act of 1965, Title I, Chapter 1, as amended, (20 USC,
          §§2701-2731, 2821-2838, 2851-2854, and 2891-2901; and
          34 CFR, Part 200);
     
     (2)  Chapter 1 program for neglected or delinquent children,
          as authorized under the Elementary and Secondary
          Education Act of 1965, Title I, Chapter 1, as amended,
          (20 USC, §§2801-2804; and 34 CFR, Part 203);
     
     (3)  state grants for strengthening instruction in
          mathematics and science, as authorized under the
          Elementary and Secondary Education Act of 1965, Title
          II, Part A, as amended, (20 USC, §§2981-2993; and 34
          CFR, Part 208);
     
     (4)  federal, state, and local partnership for educational
          improvement, as authorized under the Elementary and
          Secondary Education Act of 1965, Title I, Chapter 2, as
          amended, (20 USC, §§2911-2952; and 34 CFR, Part 298);
     
     (5)  assistance to states for education of handicapped
          children, as authorized under the Individuals with
          Disabilities Education Act, Part B, (20 USC, §§1411-
          1420; and 34 CFR, Part 300);
     
     (6)  preschool grants, as authorized under the Individuals
          with Disabilities Education Act, §619, (20 USC, §1419;
          and 34 CFR, Part 301);
     
     (7)  Chapter 1, state operated or supported programs for
          handicapped children, as authorized under the
          Elementary and Secondary Education Act of 1965, Title
          I, Chapter 1, as amended, (20 USC, §§2791-2795; and 34
          CFR, Part 302);
     
     (8)  transition program for refugee children, as authorized
          under the Immigration and Naturalization Act, §412(d),
          (8 USC, §§3121-3130; and 34 CFR, Part 581);
     
     (9)  emergency immigrant education program, as authorized
          under the Emergency Immigrant Education Act (20 USC,
          §§3121-3130); or
     
     (10) financial assistance for construction, reconstruction,
          or renovation of higher education facilities, as
          authorized under the Higher Education Act of 1965,
          §711, (20 USC, §1132b).
     
(b)  If the applicant applied under a program not listed in
     subsection (a) of this section, the commissioner of
     education shall provide an opportunity for a hearing either
     before or after TEA disapproves the application.

(c)  An applicant for a subgrant may request a hearing under
     §157.1083 of this title (relating to Procedures for Hearing)
     if the applicant alleges that any of the following TEA
     actions violates a state or federal statute or regulation:

     (1)  disapproval of, or failure to approve, the application
          or project in whole or in part; or
     
     (2)  failure to provide funds in amounts in accordance with
          the requirements of statutes and regulations.
Source: The provisions of this §157.1081 adopted to be effective May 8, 1996, 21 TexReg 3708.


§157.1082. Grantee's or Subgrantee's Opportunity for a Hearing.

(a)  The Texas Education Agency (TEA) may take one or more of the
     actions specified in 34 CFR, §80.43(a), if a grantee or
     subgrantee materially fails to comply with any term of an
     award, whether stated in a federal statute or regulation as
     an assurance, in a state plan or application, in a notice of
     award, or elsewhere.

(b)  In taking enforcement action, TEA shall provide the grantee
     or subgrantee an opportunity for any hearing, appeal, or
     other administrative proceeding to which the grantee or
     subgrantee is entitled under any statute or regulation
     applicable to the action involved.

(c)  A subgrantee may request a hearing under §157.1083 of this
     title (relating to Procedures for Hearing) if the subgrantee
     alleges that any of the following TEA actions violates a
     state or federal statute or regulation:

     (1)  ordering, in accordance with a final state audit
          resolution determination, the repayment of misspent or
          misapplied federal funds; or
     
     (2)  terminating further assistance for an approved project.
Source: The provisions of this §157.1082 adopted to be effective May 8, 1996, 21 TexReg 3708.


§157.1083. Procedures for Hearing.

(a)  Requirements for request for hearing.

     (1)  The applicant, grantee, or subgrantee shall file a
          request for a hearing within 30 days after the date of
          the action taken by the Texas Education Agency (TEA).
     
     (2)  The request for hearing shall be mailed by certified
          mail, return receipt requested, transmitted by
          facsimile, or hand delivered to: Director of Hearings,
          Texas Education Agency, 1701 N. Congress Avenue, Suite
          2-150, Austin, Texas 78701-1494. The request for
          hearing shall be deemed filed at the time it is
          actually received by the director of hearings or the
          designated docket clerk in the TEA Division of
          Hearings.
     
     (3)  The applicant, grantee, or subgrantee shall specify the
          action or proposed action that is the subject of the
          requested hearing, the statutory or regulatory
          authority identifying and supporting a finding that a
          violation occurred, and specific facts supporting a
          finding that the action taken by TEA is in error.
     
(b)  Hearings process.

     (1)  The commissioner of education or a designee of the
          commissioner shall hold a hearing on the record and
          review the action taken by TEA within 30 days after a
          request for hearing is received by the director of
          hearings or the designated docket clerk for the TEA
          Division of Hearings.
     
     (2)  The TEA shall make available at reasonable times and
          places to each applicant, grantee, or subgrantee all
          TEA records pertaining to any review or appeal the
          applicant is conducting under this section, including
          records of other applicants.
     
     (3)  No later than ten days after the hearing, the
          commissioner of education or the commissioner's
          designee shall issue a written ruling, including
          findings of fact and reasons for the ruling.
     
     (4)  If the commissioner of education or the commissioner's
          designee determines that the action taken by TEA is
          contrary to state or federal statutes or regulations
          that govern the applicable program, TEA shall be
          ordered to rescind the action.
Source: The provisions of this §157.1083 adopted to be effective May 8, 1996, 21 TexReg 3708.


§157.1084. Appeal from the Decision of the Commissioner of Education.

     If the commissioner of education or the commissioner's
     designee does not rescind the final action after the review
     under §157.1083(b) of this title (relating to Procedures for
     Hearing), the applicant may appeal to the secretary of
     education under 34 CFR, §76.401(d)(5) and (6).
Source: The provisions of this §157.1084 adopted to be effective May 8, 1996, 21 TexReg 3708.