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September 9, 2020 Committee of the Full Board Item 2

Decision on the Percentage Distribution of the Permanent School Fund for Fiscal Years 2022 and 2023 and Related Fund Transfers

September 11, 2020

COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: CONSENT

SUMMARY: This item provides an opportunity for the board to evaluate and approve the Permanent School Fund percentage distribution rate for fiscal years 2022 and 2023. The board will consider various factors associated with the distribution rate such as expected returns, inflation, student growth, and current economic conditions. The board may also consider and approve any transfers in the current biennium that could impact the distribution in the best interest of the Permanent School Fund. Additionally, this item provides the opportunity for the board to discuss anticipated instructional material needs for the 2022-2023 biennium.

STATUTORY AUTHORITY: Texas Constitution, Article VII, §2 and §5; Texas Education Code (TEC), §43.0051; and 19 Texas Administrative Code (TAC) Chapter 33.

The Texas Constitution, Article VII, §2 and §5 establish the permanent school fund, the assets that comprise the permanent school fund, the bond guarantee program, the available school fund, and authorize the State Board of Education (SBOE) to manage and invest the permanent school fund in accordance with the prudent person standard.

TEC §43.0051, authorizes the SBOE to transfer funds to the real estate special fund account to achieve the best interest of the permanent school fund.

Administrative rules found in 19 TAC Chapter 33 provide a statement of investment objectives, policies, and guidelines of the Texas Permanent School Fund and Bond Guarantee Program as adopted by the SBOE.

The full text of statutory citations can be found in the statutory authority section of this agenda.

PREVIOUS BOARD ACTION: At the July 2020 meeting, the board approved the percentage distribution rate to the Available School Fund from the Permanent School Fund for fiscal years 2022 and 2023 to be between 3.76% and 4.68%.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The amendment to Article 7 of the Texas Constitution changed the Permanent School Fund distribution from an income-based policy to a total return policy. This distribution rate is to be determined by a vote of two-thirds of the total membership of the SBOE taken before the regular session of the legislature convenes. If the SBOE does not adopt a rate, then the legislature will adopt a rate by general law or appropriation. The current rate is 2.97% of the average market value for the trailing 16 state fiscal quarters ending November 30, 2018.

The General Appropriations Act (HB 1) Permanent School Fund Distribution Rate requires the following: At least 45 days prior to the adoption of the distribution rate from the Permanent School Fund to the Available School Fund by the State Board of Education, the Texas Education Agency shall report to the Legislative Budget board and the Governor on the following:

  1. The distribution rate or rates under consideration;
  2. The assumptions and methodology used in determining the rate or rates under consideration;
  3. The annual amount the distribution rate or rates under consideration are estimated to provide, and the difference between them and the annual distribution amounts for the preceding three biennia; and
  4. The optimal distribution amount for the preceding biennium, based on an analysis of intergenerational equity, and the difference between it and the actual distribution amount.

Staff Members Responsible:  
Holland Timmins, Executive Administrator and Chief Investment Officer of the Texas Permanent School Fund

 

 

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