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November 19, 2021 Consent Agenda

CONSENT AGENDA
STATE BOARD OF EDUCATION
November 19, 2021

1. Implementation of Senate Bill (SB) 1232, 87th Legislature, Regular Session, 2021

This item provides an opportunity for the State Board of Education (SBOE) to consider the approval of the creation of the Texas Permanent School Fund (PSF) Corporation and appointment of initial board members of the Texas PSF Corporation, provide initial approval of the Certificate of Formation, and address other matters related to the Texas PSF Corporation as outlined in SB 1232. Statutory authority is the Texas Constitution, Article VII, §2 and §5; Texas Education Code (TEC), §43.052(a) and §43.052(b); and SB 1232, 87th Legislature, Regular Session, 2021.

2. Proposed Repeal of 19 TAC Chapter 74, Curriculum Requirements, Subchapter D, Graduation Requirements, Beginning with School Year 2001-2002, and Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005
(First Reading and Filing Authorization)


This item presents for first reading and filing authorization the proposed repeal of 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements, Subchapter D, Graduation Requirements, Beginning with School Year 2001-2002, and Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005. The proposed repeals would remove high school graduation requirements that are outdated and no longer necessary. Statutory authority is the Texas Education Code (TEC), §7.102(c)(4) and §28.025.

3. Adoption of Review of 19 TAC Chapter 74, Curriculum Requirements

Texas Government Code (TGC), §2001.039, establishes a four-year rule review cycle for all state agency rules, including State Board of Education (SBOE) rules. This item presents the review of 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements. The rules being reviewed provide for curriculum requirements for school districts and include other provisions that relate to curriculum requirements. Statutory authority for this action is the TGC, §2001.039. The statutory authority for 19 TAC Chapter 74, Subchapters A-G, is Texas Education Code (TEC), §§7.102; 25.007; 28.002, as amended by House Bill (HB) 4509, 87th Texas Legislature, Regular Session, 2021 and Senate Bill (SB) 3, 87th Texas Legislature, Second Called Session, 2021; 28.0023; 28.008; 28.011 as amended by HB 2681, 87th Texas Legislature, Regular Session, 2021; 28.012; 28.014; 28.018; 28.023; 28.025, as amended by HB 1603 and SB 1063, 87th Texas Legislature, Regular Session, 2021; 28.0256, as amended by SB 369, 87th Texas Legislature, Regular Session, 2021; 28.053;  29.907; 33.081; and 38.003.

4. 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 is the Texas Education Code (TEC), §31.003 and §31.022.

5. Approval of Costs to Administer the 2021–2022 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 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 2021–2022 school year. Statutory authority is the Texas Education Code (TEC), §39.033.

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

7. Report on Permanent School Fund Liquid Account and Ratification of Purchases and Sales for the Months of July, August, and September 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 July, August, and September 2021. 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. Review of the Permanent School Fund Liquid Account Strategic Asset Allocation

This item provides an opportunity for the committee and board to review the Permanent School Fund liquid account strategic asset allocation. 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.

9. Review of the Absolute Return Asset Class for the Permanent School Fund

This item provides an opportunity for the committee and board to review the absolute return asset class. Statutory authority is the Texas Constitution, Article VII, §5 and §2; and 19 Texas Administrative Code (TAC), Chapter 33.

10. Proposed New 19 TAC Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund, Subchapter A, State Board of Education Rules, §33.21, Texas Permanent School Fund Corporation
(First Reading and Filing Authorization)

This item presents for first reading and filing authorization proposed new 19 Texas Administrative Code (TAC) Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund, Subchapter A, State Board of Education Rules, §33.21, Texas Permanent School Fund Corporation. The proposed new section would address the term length of State Board of Education (SBOE) members on the board of directors of the Texas Permanent School Fund (PSF) Corporation as required by Senate Bill (SB) 1232, 87th Texas Legislature, Regular Session, 2021. Statutory authority is the Texas Constitution, Article VII, §5(a) and (f), and Texas Education Code (TEC), §43.001 and §43.053, as added by SB 1232, 87th Legislature, Regular Session, 2021.

11. Recommendation for Reappointments to the Fort Sam Houston Independent School District Board of Trustees

This item provides an opportunity for the board to consider three reappointments to the board of trustees of Fort Sam Houston Independent School District (ISD). The reappointments are necessary due to the expiration of the terms of office of three board members. Statutory authority is the Texas Education Code (TEC), §11.352, and Texas Administrative Code (TAC) 61.2.

12. Approval of Applicability of State Statute to Special Purpose School Districts

This item provides an opportunity for the committee and board to consider and approve an updated list by section of the Texas Education Code (TEC), Title I and Title II, and recommendations regarding which sections of the code should apply or not apply to the operations of Texas Tech University K-12 and The University of Texas at Austin High School. Statutory authority is the Texas Education Code (TEC), §11.351.