September 3, 2021 Consent Agenda

CONSENT AGENDA
STATE BOARD OF EDUCATION
September 3, 2021

(1) 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
(Second Reading and Final Adoption)

This item presents for second reading and final adoption 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. No changes are recommended since approved for first reading. Statutory authority is the Texas Education Code (TEC), §48.102(e) and (g), as amended and redesignated by HB 3, 86th Texas Legislature, 2019.

(2) Approval of Updates and Substitutions to Adopted Instructional Materials

This item provides the opportunity for the committee to approve update and/or substitution requests received since the last board meeting. The updated content has been reviewed by subject-area specialists and 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 for this action is the Texas Education Code (TEC), §31.003 and §31.022.

(3) 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
(Second Reading and Final Adoption)

This item presents for second reading and final adoption 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. No changes are recommended since approved for first reading. Statutory authority is the Texas Education Code (TEC), §48.104, as redesignated and amended by HB 3, 86th Texas Legislature, 2019.

(4) Ratification of the Purchases and Sales of the Investment Portfolio of the Permanent School Fund for the Months of May and June 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 May and June 2021. Statutory authority is the Texas Constitution, Article VII, §2 and §5; and 19 Texas Administrative Code (TAC), Chapter 33.

(5) Report on Permanent School Fund Liquid Account and Ratification of Purchases and Sales for the Months of May and June 2021

This item provides an opportunity for the committee and board to receive a status update report on the liquid account and consider approval of the purchases and sales of investments executed in the liquid account for the months of May and June 2021.  The board may consider the liquid account pacing plan and adjust as needed. 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.

(6) Determination as to Whether Transfers May be Made from the Permanent School Fund to the Available School Fund

This item provides an opportunity for the committee and board to review the requirement in Article VII, §5(a)(2) that states, the total amount distributed over ten years cannot exceed the total return on all investment assets of the Permanent School Fund (PSF) over the same ten-year period. The board will determine whether transfers may be made from the PSF to the Available School Fund (ASF) in fiscal year 2022. Statutory authority is the Texas Constitution, Article VII, §5 and §2; and 19 Texas Administrative Code (TAC), Chapter 33. This item provides an opportunity for the committee and board to review and adopt proposed amendments to the Texas Permanent School Fund Investment Procedures Manual. Statutory authority is the Texas Constitution, Article VII, §2 and §5; and 19 Texas Administrative Code (TAC), Chapter 33.

(7) Proposed Amendments to the Investment Procedures Manual

This item provides an opportunity for the committee and board to review and adopt proposed amendments to the Texas Permanent School Fund Investment Procedures Manual. Statutory authority is the Texas Constitution, Article VII, §2 and §5; and 19 Texas Administrative Code (TAC), Chapter 33.

(8) 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.

(9) Approval of Special Purpose School District Advisory Board Members for Texas Tech University K-12

This item provides an opportunity for the board to consider nominees from Texas Tech University (TTU) to serve as members of the district advisory board for TTU K-12. Appointees will serve for a staggered three-year term. Two of the initial advisory board members will serve for two years and then will be replaced with members serving three-year terms, allowing members to regularly rotate on and off the board.  Statutory authority is the Texas Education Code (TEC), §11.351.

(10) Approval of Special Purpose School District Advisory Board Members for University of Texas at Austin High School

This item provides an opportunity for the board to consider nominees from The University of Texas (UT) at Austin High School to serve as members of the district advisory board for UT Austin High School. Statutory authority is the Texas Education Code (TEC), §11.351.