LETTER FROM MIKE MOSES TO SBOE MEMBER DAVID BRADLEY:

June 16, 1998

To the State Board of Education Member Addressed:

In 1995, Governor Bush honored me by appointing me to serve as a Commissioner to the Education Commission of the States. Since that time, I have not been able to attend the National Conference of this organization. This year the meeting falls from July 5-8, 1998. Accordingly, I have made plans to attend that conference in Portland, Oregon, and use additional leave time to visit that part of the country. As a result, I will not be present for the July 1998 Board meeting. I have asked Deputy Commissioners Felipe Alanis and Joe Neely to assist Dr. Christie in ensuring that you have a productive meeting.

As a point of information, I would take this opportunity to inform members of the Board that Dr. Joe Neely has submitted his resignation as Deputy Commissioner for Finance and Accountability to assume the position of superintendent of schools in the Rockwell Independent School District. Dr. Neely will be leaving the agency some time toward the latter part of the summer, and we are currently accepting applications for the position of Deputy Commissioner.

On another item, I would like to address the issue of appointing members to the Investment Advisory Committee of the Permanent School Fund. As you know, the State Board of Education voted on May 8, 1998 not to amend 19 TAC Chapter 33, Statement of Investment Objectives, Policies, and Guidelines of the Texas Permanent School Fund, to stipulate that the board would recommend, rather than appoint, members to the Investment Advisory Committee.

I had made the recommendation in order to comply with Texas Education Code 7.055(b)(11), which authorizes the Commissioner of Education to appoint advisory committees. Legal counsel informed the Committee on School Finance/Permanent School Fund on May 7 that the current rule language regarding the board's appointment of investment advisory committee members is permissible under the constitutional grant of authority over the Permanent School Fund. At the same time, the Commissioner of Education must request funds for the reimbursement of the travel expenses of advisory committee members through the biennial Legislative Appropriations Request. Only members of agency advisory committees listed in the Appropriations Act and appointed by the commissioner are eligible for reimbursement.

Please know that I reserve the right to participate in the selection of all members of the Investment Advisory Committee. While the board may wish to leave the rule language intact at second reading, be aware that the Commissioner of Education must appoint a member in order for that person to receive reimbursement for expenses.

As you know, I have strived to honor the recommendations of the board regarding appointments to appropriate agency committees, such as the State Textbook Committees. To the extent possible, I will attempt to support committee members in a manner that meets the legitimate needs of the State Board of Education.

Please call me at (512) 463-9734(?) if you have any questions or concerns regarding this matter.

Sincerely yours,

Mike Moses
Commissioner of Education