Current through Reg. 49, No. 38; September 20, 2024
(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 United
States Code (USC), §§2701-2731, 2821-2838, 2851-2854, and 2891-2901;
and 34 Code of Federal Regulations (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 2971 - 2976; and 34 CFR, Part
298);
(5) assistance to states for
education of children with disabilities, as authorized under the Individuals
with Disabilities Education Act, Part B (except Section 619) (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 children with disabilities, 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, §1522(d); and 34
CFR, Part 538);
(9) emergency
immigrant education program, as authorized under the Emergency Immigrant
Education Act (20 USC, §§3121 - 3130; and 34 CFR, Part 581);
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; and 34 CFR, Part 617).
(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 for Denial of an Application
or an Enforcement Action) 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.
