****This relates to TEC 39.131 of page 11 under Dept. of Accreditation****
§97.1073. Appointment of Monitor, Conservator, or Board of Managers.
(a) The commissioner of education shall appoint a monitor, conservator, management team, or board of managers whenever such action is required, as determined by this section. Action under any other section of this subchapter is not a prerequisite to acting under this section.
(b) The commissioner shall appoint a monitor under Texas Education Code (TEC), §39.131(a)(6) when:
(1) the deficiencies identified under §97.1059 of this title (relating to Standards for All Accreditation Sanction Determinations) require a monitor to participate in and report to the commissioner on the activities of the district's board of trustees and superintendent;
(2) the deficiencies identified under §97.1059 of this title are not of such severity or duration as to require direct Texas Education Agency (TEA) oversight of district operations;
(3) the district has been responsive to and generally compliant with previous commissioner sanctions and TEA interventions; and
(4) stronger intervention is not required to prevent substantial or imminent harm to the welfare of the district's students or to the public interest.
(c) The commissioner shall appoint a conservator under TEC, §39.131(a)(7) and §39.135, or a management team under TEC, §39.131(a)(8) and §39.135, when:
(1) the nature or duration of the deficiencies require that the TEA directly oversee the operations of the district in the area(s) of deficiency;
(2) the district has not been responsive to or compliant with TEA intervention requirements; or
(3) such intervention is needed to prevent substantial or imminent harm to the welfare of the district's students or to the public interest.
(d) The decision whether to appoint a conservator or management team under subsection (c) of this section shall be based solely on logistical concerns, including the competencies required and the volume of work involved. Selecting a management team rather than a conservator does not reflect on the severity of the deficiencies to be addressed.
(e) The commissioner shall appoint a board of managers under TEC, §39.136 and §39.131(a)(9) or §39.1324(c), as applicable, when:
(1) sanctions under subsection (b) or (c) of this section have been ineffective to achieve the purposes identified in §97.1035 of this title (relating to Procedures for Accreditation Sanctions);
(2) the commissioner has initiated proceedings under §97.1037 of this title (relating to Record Review of Certain Decisions) to close or annex the district;
(3) the commissioner has initiated proceedings under §97.1037 of this title to close a campus, and such intervention is needed to cease operations of the campus; or
(4) such intervention is needed to prevent substantial or imminent harm to the welfare of the district's students or to the public interest.
Source: The provisions of this §97.1073 adopted to be effective January 6, 2008, 33 TexReg 150.