SECTION 157.1081. Applicant's Opportunity for a Hearing Prior to Denial of an Application

(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.

Source Note: The provisions of this §157.1081 adopted to be effective May 8, 1996, 21 TexReg 3708; amended to be effective May 28, 2012, 37 TexReg 3829