June 25, 2021 Consent Agenda
CONSENT AGENDA
STATE BOARD OF EDUCATION
June 25, 2021
(1) Approval of Updates and Substitutions to Adopted Instructional Materials
This item provides an opportunity for the committee to approve instructional materials update and/or substitution requests received from publishers since the last board meeting. The updated content has been reviewed by subject-area specialists and was determined to address the pertinent student expectations in a manner equal to the content initially reviewed and approved by the state review panel. Statutory authority is the Texas Education Code (TEC), §31.003 and §31.022.
(2) Proposed Repeal of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings, §89.61, Contracting for Residential Educational Placements for Students with Disabilities, and §89.63, Instructional Arrangements and Settings
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 89, Adaptations for Special Populations, Subchapter D, Special Education Services and Settings, §89.61, Contracting for Residential Educational Placements for Students with Disabilities, and §89.63, Instructional Arrangements and Settings. The proposed repeals would implement House Bill (HB) 3, 86th Texas Legislature, 2019, which removed the State Board of Education's (SBOE's) rulemaking authority related to instructional arrangements in special education. Statutory authority is the Texas Education Code (TEC), §48.102(e) and (g), as amended and redesignated by HB 3, 86th Texas Legislature, 2019.
(3) Proposed Repeal of 19 TAC Chapter 105, Foundation School Program, Subchapter A, Definitions, §105.1, Rules for the Definition of Tax Levy and Tax Collection
(Second Reading and Final Adoption)
This item presents for second reading and final adoption the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 105, Foundation School Program, Subchapter A, Definitions, §105.1, Rules for the Definition of Tax Levy and Tax Collection. The proposed repeal would implement House Bill (HB) 3, 86th Texas Legislature, 2019, which removed the State Board of Education's (SBOE's) rulemaking authority related to the definitions of tax levy and tax collection for the Foundation School Program (FSP). No changes are recommended since approved for first reading. Statutory authority for is the Texas Education Code (TEC), §48.004.
(4) Proposed Amendment to 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, Subchapter B, Texas Education Agency Audit Functions, §109.25, State Compensatory Education Program Reporting and Auditing System
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 109, Budgeting, Accounting, and Auditing, Subchapter B, Texas Education Agency Audit Functions, §109.25, State Compensatory Education Program Reporting and Auditing System. The proposed amendment would update references to statutory citations that were renumbered by House Bill (HB) 3, 86th Texas Legislature, 2019. Statutory authority is the Texas Education Code (TEC), §48.104, as redesignated and amended by HB 3, 86th Texas Legislature, 2019.
(5) Ratification of the Purchases and Sales of the Investment Portfolio of the Permanent School Fund for the Months of March and April 2021
This item provides an opportunity for the committee and board to consider approval of the purchases and sales of investments executed in the portfolio of the Permanent School Fund (PSF) for the months of March and April 2021. Statutory authority is the Texas Constitution, Article VII, §2 and §5; and 19 Texas Administrative Code (TAC), Chapter 33.
(6) Report on the Permanent School Fund Liquid Account
This item provides an opportunity for the committee and board to receive a status update report on the liquid account and ratify transactions. Statutory authority is the Texas Constitution, Article VII, §5 and §2; Natural Resources Code (NRC), §51.414; and 19 Texas Administrative Code (TAC), Chapter 33.
(7) Review of the Bond Guarantee Program Charter Capacity
This item provides an opportunity for the committee and board to receive a presentation on bond guarantee program’s charter capacity. Statutory authority is the Texas Constitution, Article VII, §5 and §2; Texas Education Code (TEC), §45.0532; and 19 Texas Administrative Code (TAC), Chapter 33.
(8) Review of the Permanent School Fund Real Estate Asset Class and Real Estate Policy and Tactical Plan
This item provides an opportunity for the committee and board to review the real estate asset class and the real estate policy and annual tactical plan. The committee may take action based on this information. Statutory authority is the Texas Constitution, Article VII, §2 and §5; and 19 Texas Administrative Code (TAC), Chapter 33.
(9) Selection of Qualified Respondents to the Request for Qualifications (RFQ) for Outside Legal Counsel for the State Board of Education and the Texas Permanent School Fund: Fiduciary, Investment Contracting, Real Estate, Tax and Disclosure Counsel
This item provides an opportunity for the committee and board to review and approve a list of qualified candidates who responded to the request for qualification (RFQ) 701-21-004 for outside legal counsel for the State Board of Education (SBOE) and the Texas Permanent School Fund fiduciary, investment contracting, real estate, tax and disclosure counsel. Statutory authority is the Texas Constitution, Article VII, §2 and §5; Texas Education Code (TEC); and 19 Texas Administrative Code (TAC) Chapter 33.
(10) Approval of the Selection of a Firm(s) to Provide Services Related to U.S. High Yield Fixed Income Discretionary Investment Managers for the Texas Permanent School Fund and the State Board of Education as outlined in Request for Proposal (RFP) 701-21-002 and Authorization for Contract Execution by the Commissioner of Education
This item provides an opportunity for the committee and board to approve the selection of a firm(s) to provide services related to U.S. High Yield Fixed Income Discretionary Investment Managers for the Texas Permanent School Fund (PSF) and the State Board of Education (SBOE) as outlined in request for proposal (RFP) 701-21-002 and authorization for contract execution by the commissioner of education. Statutory authority is the Texas Constitution, Article VII, §2 and §5; and 19 Texas Administrative Code (TAC), Chapter 33.
(11) Selection of State Board Member Nominees for Statewide Board Positions
This item provides an opportunity for the committee and board to select state board member nominees for statewide board positions. Statutory authority is the Texas Constitution, Article VII, §5 and §2; and 19 Texas Administrative Code (TAC) Chapter 33.
(12) Recommendation for Reappointment to the Boys Ranch Independent School District Board of Trustees
This item provides an opportunity for the board to consider one reappointment to the board of trustees of Boys Ranch Independent School District (ISD). The reappointment is necessary due to the expiration of the term of office of one board member. Statutory authority is the Texas Education Code (TEC), §11.352, and Texas Administrative Code (TAC) 61.2.
(13) Recommendation for Reappointment to the Fort Sam Houston Independent School District Board of Trustees
This item provides an opportunity for the board to consider one reappointment to the board of trustees of Fort Sam Houston Independent School District (ISD). The reappointment is necessary due to the expiration of the term of office of one board member. Statutory authority is the Texas Education Code (TEC), §11.352, and Texas Administrative Code (TAC) 61.2.
(14) Recommendation for Appointments to the Lackland Independent School District Board of Trustees
This item provides an opportunity for the board to consider three appointments to the board of trustees of Lackland Independent School District (ISD). The appointments are necessary due to the expiration of the terms of office of two board members and the retirement of one board member. Statutory authority is the Texas Education Code (TEC), §11.352, and Texas Administrative Code (TAC) 61.2.
(15) Approval of 2021–2025 Rule Review Plan for State Board of Education Rules
This item presents for approval the 2021-2025 Rule Review Plan for State Board of Education (SBOE) Rules. Texas Government Code (TGC), §2001.039, requires an ongoing four-year rule review of existing state agency rules, including SBOE rules. The rule review requirement in TGC, §2001.039, is designed to ensure that the reason for initially adopting or readopting a rule continues to exist. Statutory authority is the Texas Government Code (TGC), §2001.039.