November 2022 Consent Agenda
CONSENT AGENDA
STATE BOARD OF EDUCATION
November 18, 2022
(1) Decision on the Percentage Distribution of the Permanent School Fund for Fiscal Years 2024 and 2025
This item provides an opportunity for the board to evaluate and approve the Permanent School Fund (PSF) percentage distribution rate for fiscal years 2024 and 2025. The board will consider various factors associated with the distribution rate such as expected returns, inflation, student growth, and current economic conditions. Statutory authority is the Texas Constitution, Article VII, §2 and §5, and 19 Texas Administrative Code (TAC) Chapter 33.
(2) Proposed Amendment to 19 TAC Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter C, High School, §112.41, Implementation of Texas Essential Knowledge and Skills for Science, High School, Adopted 2020
(Second Reading and Final Adoption)
This item presents for second reading and final adoption a proposed amendment to 19 Texas Administrative Code (TAC) Chapter 112, Texas Essential Knowledge and Skills for Science, Subchapter C, High School, §112.41, Implementation of Texas Essential Knowledge and Skills for Science, High School, Adopted 2020. The proposed amendment would update the rule to move the implementation year for the Texas Essential Knowledge and Skills (TEKS) for Biology, Chemistry, Integrated Physics and Chemistry, and Physics to the beginning of the 2024-2025 school year to align with the instructional materials timeline. The proposed amendment would also align with the implementation timeline for the Kindergarten-Grade 8 science TEKS and the TEKS for all other high school science courses. No changes are recommended since approved for first reading. Statutory authority is the Texas Education Code (TEC), §§7.102(c)(4); 28.002(a) and (c); and 28.025(a).
(3) Approval of Updates and Substitutions to Adopted Instructional Materials
This item provides the opportunity for the committee and board 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 is the Texas Education Code (TEC), §31.003 and §31.022.
(4) Approval of Costs to Administer the 2022–2023 State-Developed Assessments to Private School Students
Texas Education Code, §39.033, allows a private school to voluntarily assess its students with the State of Texas Assessments of Academic Readiness (STAAR®) and the Texas English Language Proficiency Assessment System (TELPAS) assessments. The State Board of Education (SBOE) must approve the per-student cost to private schools, which may not exceed the cost of administering the same assessment to a student enrolled in a public-school district. This item requests approval of these costs for the 2022–2023 school year. Statutory authority is the Texas Education Code (TEC), §39.033.
(5) Proposed Repeal of 19 TAC Chapter 129, Student Attendance, Subchapter A, Student Attendance Allowed, and Subchapter B, Student Attendance Accounting
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 129, Student Attendance, Subchapter A, Student Attendance Allowed, and Subchapter B, Student Attendance Accounting. 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 student attendance. Statutory authority is the Texas Education Code (TEC), §48.004, as transferred, redesignated, and amended by HB 3, 86th Texas Legislature, 2019.
This item provides an opportunity for the committee and board to receive a report on Permanent School Fund (PSF) Securities Transactions and the Investment Portfolio and consider ratification of purchases and sales of investments executed in the portfolio of the PSF for the months of May and June 2022. Statutory authority is the Texas Constitution, Article VII, §2 and §5, and 19 Texas Administrative Code (TAC) Chapter 33.
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 July and August 2022. Statutory authority is the Texas Constitution, Article VII, §2 and §5; Texas Natural Resources Code (NRC), §51.414, as repealed by SB 1232, 87th Legislature, Regular Session, 2021; and 19 Texas Administrative Code (TAC) Chapter 33.
(8) Proposed Revisions to 19 TAC Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund
(First Reading and Filing Authorization)
This item presents for first reading and filing authorization proposed revisions to 19 Texas Administrative Code (TAC) Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund. The proposed revisions would implement Senate Bill (SB) 1232, 87th Texas Legislature, Regular Session, 2021, which authorized the creation of the Texas Permanent School Fund (PSF) Corporation. The proposed revisions would repeal 19 TAC §§33.1, 33.5, 33.10, 33.15, 33.20, 33.25, 33.30, 33.35, 33.40, 33.45, 33.50, 33.55, 33.60, 33.65, and 33.67 and propose new §§33.3, 33.4, 33.6, 33.7, and 33.8. The proposed new rules would include changes to the existing rules relating to the Bond Guarantee Program, including changes to the reserve. The proposed revisions would also organize the rules in Chapter 33 by creating new Subchapter B, Texas Permanent School Fund Corporation Rules, which would contain §33.21. Statutory authority is the Texas Constitution, Article VII, §5(a) and (f); Texas Education Code (TEC), §43.001; SB 1232, 87th Texas Legislature, Regular Session, 2021.
This item provides an opportunity for the committee and board to approve the date to transfer management of the Permanent School Fund (PSF) to the Texas PSF Corporation as contemplated in Senate Bill (SB) 1232, 87th Legislature, Regular Session, 2021. Statutory authority is the Texas Education Code §43.052(a) and §43.052(b), Texas Constitution, Article VII, §2 and §5, and 19 Texas Administrative Code (TAC) Chapter 33, SB 1232, 87th Legislature, Regular Session, 2021.