June-July 2020 Committee on Instruction Item 4

Update Regarding Origo Education

July 2, 2020


SUMMARY:  This item provides the opportunity for the committee to receive an update regarding Origo Education and consider further action including possible amendments to administrative rules in 19 TAC Chapter 66 if necessary.

STATUTORY AUTHORITY:  Texas Education Code (TEC), §§31.003, 31.022, and 31.151.

TEC, §31.003, permits the State Board of Education (SBOE) to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials.

TEC, §31.022(b), requires the SBOE to adopt rules to provide for a full and complete investigation of instructional materials for each subject in the foundation curriculum and for each subject in the enrichment curriculum.

TEC, §31.151(a), defines the duties of publishers and manufacturers of instructional materials, including the duty to deliver materials to school districts or charter schools and to provide an accurate shipping date for materials that are back-ordered.

TEC, §31.151(b), authorizes the SBOE to impose a reasonable administrative penalty against a publisher who knowingly violates subsection (a).

The full text of statutory citations can be found in the statutory authority section of this agenda.

PREVIOUS BOARD ACTION:  Math instructional materials from Origo Education were adopted in November 2013 under Proclamation 2014. At the April 2020 meeting, the SBOE approved content changes submitted by Origo Education. The board also assessed liquidated damages in the amount of $113,494 with a payment due date of June 1, 2020.

BACKGROUND INFORMATION AND JUSTIFICATION:  The SBOE issued Proclamation 2014 in April 2012.

Texas Administrative Code (TAC), §66.75 permits a publisher to submit a request for approval to substitute an updated edition of state-adopted instructional materials. This section also requires that all requests for updates involving content in state-adopted instructional materials be approved by the SBOE prior to their introduction into state-adopted instructional materials.

During the April 2020 meeting, the SBOE requested that an update be presented at the June 2020 meeting. At the April meeting SBOE members also expressed concern about publishers making changes to adopted products without obtaining SBOE approval and asked staff to provide options to address this concern. TEC, §31.151(b) authorizes the SBOE to impose a reasonable administrative penalty against a publisher who knowingly violates a requirement imposed on a publisher or manufacturer of instructional materials by TEC, §31.151(a). Administrative penalties are addressed in 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, Subchapter A, General Provisions. The SBOE may wish to amend administrative rules in Chapter 66, Subchapter A.

PUBLIC BENEFIT AND COST TO PERSONS:  Product updates provide more accurate student and teacher instructional materials. There is no anticipated economic cost to persons who are required to comply with the proposal.

Staff Members Responsible:
Kristen Hole, Associate Commissioner, Instructional Strategy
Melissa Lautenschlager, Director, Instructional Materials and Implementation
Amie Williams, Director, Review and Adoption