A superintendent shall be the School's officer for public information. Each department head shall be an agent of the officer for public information for the purposes of complying with the public information laws and the School's policy on public records. The officer for public information shall:
The officer for public information is responsible for the release of public information as required by Government Code Chapter 552. The officer is not responsible for the use made of the information by the requestor or the release of the information after it is removed from a record.
Gov't Code 552.201-552.204
The officer for public information shall prominently display a sign in the form prescribed by the attorney general that contains basic information about the rights of a requestor, the responsibilities of a board, and the procedures for inspecting or obtaining a copy of public information under Government Code Chapter 552. The officer shall display the sign at one or more places in the administrative offices of the School where it is plainly visible to:
Gov't Code 552.205
The School may promulgate reasonable rules of procedure by which public information may be
inspected and copied efficiently, safely, and without delay. These rules may not be inconsistent with any provision of Government Code Chapter 552. Gov't Code 552.230
A superintendent or designee shall promptly produce public information for inspection, duplication, or both, in School offices on application by any person. "Promptly" means as soon as possible under the circumstances, that is, within a reasonable time, without delay.
A superintendent or designee complies with such a request by providing the information for inspection or duplication in the School's offices or by sending copies of the information by first class mail, if the requestor requests that the copies be provided and pays the postage and any other applicable charges that the requestor has accrued under Chapter 552, Subchapter F.
If the requested information is unavailable because it is in storage or active use, a superintendent or designee shall certify this fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available for inspection or duplication. If a superintendent or designee cannot produce the public information for inspection or duplication within ten business days after the date the information is requested, the superintendent or designee shall certify that fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available for inspection or duplication. An original copy of public information shall not be removed from School offices by a requestor.
Gov't Code 552.221, 552.226; Tex. Atty. Gen. ORD-664 (2000)
The officer for public information shall not make an inquiry of any requestor, except to establish proper identification or to ask the requestor to clarify the request. If a large amount of information has been requested, the officer may discuss with the requestor how the scope of the request might be narrowed, but the officer may not inquire into the purpose for which the information will be used. All reasonable comfort and facility shall be extended to the requestor. Gov't Code 552.222, 552.224
The officer for public information or the officer's agent shall treat all requests for information uniformly without regard to the position or occupation of the requestor, the person on whose behalf the request is made, or the status of the individual as a member of the media. Gov't Code 552.223
A requestor shall complete the examination of the information not later than the tenth business day after the date the officer for public information makes it available. If the requestor does not complete the examination of the information within ten business days after the date the information is made available and does not file a request for additional time, the requestor is considered to have withdrawn the request. The officer shall extend the initial examination period by an additional ten business days if, within the initial period, the requestor files with the officer a written request for additional time. The officer shall permit a second additional ten business day examination period if, within the first additional period, the requestor files with the officer a second written request for time. The time during which a person may examine information may be interrupted by the officer if the information is needed for use by the board.
The period of interruption is not considered to be a part of the time during which the person may examine the information. Gov't Code 552.225
The officer for public information shall provide a suitable copy of public information within a reasonable time after the date on which the copy is requested.
If public information exists in an electronic or magnetic medium, the requestor may request a copy either on paper or in an electronic medium, such as on diskette or on magnetic tape. The officer for public information shall provide a copy in the requested medium if the School has the technological ability to produce the information in the requested medium and is not required to purchase any software or hardware to accommodate the request, and providing the copy will not violate any copyright agreement between the School and a third party.
If the officer is unable to comply with a request to produce a copy of information in a requested medium for any of these reasons, the School shall provide either a paper copy or a copy in another medium that is acceptable to the requestor. The officer is not required to copy information onto a diskette or other material provided by the requestor but may use the School's supplies.
Gov't Code 552.228
If the officer determines that responding to a request for information will require programming or manipulation of data and that compliance with the request is not feasible or will result in substantial interference with operations or the information could be made available in the requested form only at a cost that covers the programming and manipulation of data, it shall provide to the requestor a written statement that includes all of the following information:
The officer shall provide the written statement to the requestor within 20 days after the date the officer receives the request. The officer has an additional ten days to provide the statement if the officer gives written notice to the requestor within 20 days after receiving the request that additional time is needed.
After providing the written statement described above, the officer has no further obligation to provide the information in the requested form or in the form in which it is available, unless within 30 days the requestor writes to the officer stating that the requestor wants the information in the requested form according to the time and cost parameters set out in the officer's statement or that the requestor wants the information in the form in which it is available. If a requestor does not make a timely written response, the requestor is considered to have withdrawn the request for information.
The officer for public information shall establish policies that assure the expeditious and accurate processing of requests for information that require programming or manipulation of data. A board shall maintain a readily accessible file containing all written statements issued concerning requests for information that require programming or manipulation of data.
Gov't Code 552.231
If the officer determines that a requestor has made a request for information for which the School has previously furnished or made copies available to the requestor on payment of applicable charges, the officer shall respond to the request for information for which copies have been already furnished or made available, except that:
Information for which the School has not previously furnished copies or made copies available to the requestor on payment of applicable charges, information that was redacted from information provided earlier, or that did not exist at the time of an earlier request, shall be treated in the same manner as any other request.
The officer shall, free of charge, certify to the requestor that copies of all or part of the requested information were previously furnished or made available to the requestor on payment of applicable charges. The certification must include:
Gov't Code 552.232
If the School receives a written request, including a request that is sent by electronic mail or facsimile transmission if that request is sent to a superintendent or designee, for information it wishes to withhold from public disclosure and that it considers to be within one of the exceptions to required disclosure, but for which there has been no previous determination that it falls within one of the exceptions, the School, not later than the tenth business day after receiving the written request, shall ask for a decision from the attorney general about whether the information is within one of the exceptions and state the exception that applies. If a decision from the attorney general is not so requested or the School fails to provide the requestor with the statement and a copy of the School's communications to the attorney general, as described below, the information is presumed to be public information and must be released unless there is a compelling reason to withhold it. Gov't Code 552.301(a), (b), (c), 552.302; Tex. Atty. Gen. ORD-673 (2000)
The School may not request an open records decision from the attorney general if the School reasonably believes that the requested information is not excepted from required disclosure. The School must promptly produce the requested information to the requestor. Tex. Atty. Gen. ORD-665 (2000)
The School shall release the requested information and may not ask for an attorney general decision if the School has previously requested and received a determination from the attorney general concerning the precise information at issue in a pending request and the attorney general or a court determined that the information is public information that is not within one of the exceptions. Gov't Code 552.301(f); Tex. Atty. Gen. ORD-673 (2000)
The School must promptly release public information not excepted from required disclosure. The prompt release of information requires release as soon as possible under the circumstances and within a reasonable time, without delay. The School may not automatically withhold for ten business days public information not excepted from diclosure. Tex. Atty. Gen. ORD-664 (2000)
If the School requests an attorney general decision, it must provide to the requestor within a reasonable time but not later than the tenth business day after the date of receiving the requestor's written request:
Gov't Code 552.301(d)
When the School requests a decision, it shall, within a reasonable time but not later than the15th business day after the date of receiving the request for information, submit to the attorney general all of the following:
Unless the information is confidential by law, the officer may disclose the requested information to the public or the requestor before a final determination that the information is public has been made by the attorney general or a court with jurisdiction.
If the attorney general determines that additional information is necessary to render a decision, the attorney general shall give the School and the requestor written notice of that fact. Upon receipt of such notice, the officer shall submit the necessary additional information to the attorney general not later than the seventh calendar day after the date the notice is received. If the officer does not comply with the attorney general's request for additional information, the information is presumed to be subject to required public disclosure and must be released unless there is a compelling reason to withhold the information.
Gov't Code 552.301(d), (e), 552.303
When submitting written comments to the attorney general stating the reasons why the stated exceptions apply, the School shall send a copy of those comments to the person who requested the information from the School. If the written comments disclose or contain the substance of the information requested, the copy of the comments provided to the requestor must be a redacted copy. Gov't Code 552.301(e-1)
In a case in which information is requested and a person's privacy or property interests may be involved, including a case under Government Code 552.101, 552.104, and 552.114 (see pages 2-3 of this policy), the School may decline to release the information for the purpose of requesting a decision from the attorney general. The School may, but is not required to, submit its reasons why the information should be withheld or released.
If release of a person's proprietary information may be subject to exception under Government Code 552.101, 552.110, 552.113, or 552.131, and the School requests an attorney general decision, the School shall make a good faith attempt to notify that person of its request for the attorney general decision. The notice must include a copy of any written request the School received for the information and a statement, in the form prescribed by the attorney general, that the person is entitled to submit to the attorney general, not later than the tenth business day after the person receives the notice, a written statement of the reason(s) why the information should be withheld and a letter, memorandum, or brief supporting the reason(s).
Gov't Code 552.305
The charge for providing a copy of public information shall be an amount that reasonably includes all costs related to reproducing the public information, including costs of materials, labor, and overhead. If a request is for 50 or fewer pages of paper records, the charge for providing the copy of the public information may not include costs of materials, labor, or overhead, but shall be limited to the charge for each page of the paper record that is photocopied, unless the pages to be photocopied are located in two or more separate buildings that are not connected with each other or a remote storage facility. If the charge for providing a copy of public information includes costs of labor, the requestor may require the officer or the officer's agent to provide the requestor with a written statement as to the amount of time that was required to produce and provide the copy. The statement must be signed by the officer or the officer's agent, and the officer or the officer's name must be typed or legibly printed below the signature. A charge may not be imposed for providing the written statement to the requestor. The School shall also charge for the cost of materials, labor, and overhead when the request is for any number of copies of information that is not readily available. Charges for providing a copy of public information are considered to accrue at the time the governmental body advises the requestor that the copy is available on payment of the applicable charges. Gov't Code 552.261
The School shall use the attorney general's rules to determine the charges for providing copies of public information and to determine the charge, deposit, or bond required for making public information that exists in a paper record available for inspection, except to the extent that other law provides for charges for specific kinds of public information. The charges for providing copies of public information may not be excessive and may not exceed the actual cost of producing the information or for making public information that exists in a paper record available. The School may determine its own charges for producing public information and its own charge, deposit, or bond for making public information that exists in a paper record available for inspection, but may not charge an amount that is greater than 25 percent more than the amount established by the attorney general, unless it requests an exemption. Gov't Code 552.261, 552.262; 1 TAC 111.61(b)
The School may request that it be exempt from part or all of the rules adopted by the attorney general for determining charges for providing copies of public information or the charge, deposit, or bond required for making public information that exists in a paper record available for inspection. The request must be made in writing to the attorney general and must state the reason for the exemption. If the attorney general determines that good cause exists, the attorney general shall grant the exemption by giving written notice of the determination within 90 days of the request. When it receives the notification, the School may amend its charges for providing copies of public information or its charge, deposit, or bond required for making public information that exists in a paper record available for inspection according to the terms of the attorney general's determination. Gov't Code 552.262(c)
The School may charge a reasonable fee in accordance with the above requirements for copies of materials provided to parents pursuant to Education Code Chapter 26. Education Code 26.012
If a request for a copy of public information or a request to inspect a paper record will result in the imposition of a charge that exceeds $40, the School shall provide the requestor with a written itemized statement that details all estimated charges that will be imposed, including any allowable charges for labor or personnel costs. If an alternative less costly method of viewing the records is available, the statement must include a notice that the requestor may contact the School regarding the alternative method. The School must inform the requestor of the responsibilities imposed on the requestor by this section and the rights granted by this entire section and give the requestor the information needed to respond as detailed in Government Code 552.2615(a).
If, after the School provides the requestor the itemized statement but before it makes the copy or the paper record available, the School determines that the estimated charges will exceed the charges detailed in the original itemized statement by 20 percent or more, the School shall send to the requestor an updated written itemized statement that details all estimated charges that will be imposed, including any allowable charges for labor or personnel costs.
A request for which the School is required to produce an (original or updated) itemized statement of estimated charges is considered to have been withdrawn if the requestor does not respond in writing to the itemized statement by informing the School within ten business days after the date the statement is sent to the requestor that:
If the actual charges that School imposes for a copy or inspection of public information exceed $40, the charges may not exceed:
An original or updated itemized statement is considered to have been sent by the School, and a requestor is considered to have responded to the statement, on the date that the statement or response is:
The time deadlines for providing the required statement of estimated charges do not affect the application of a time deadline imposed on the School for requesting a decision by the attorney general under Government Code 552, Subchapter G.
Gov't Code 552.2615
The officer for public information or his or her agent may require a deposit or bond for payment of anticipated costs for the preparation of a copy of public information if the officer for public information or the officer's agent has provided the requestor with the required written itemized statement detailing the estimated charge for providing the copy and if the charge for providing the copy of the public information specifically requested by the requestor is estimated by the School to exceed $100. The officer for public information or the officer's agent may not require a deposit or bond be paid as a down payment for copies of future information that the requestor may request in the future. Gov't Code 552.263(a), (b); 1 TAC 111.67(d)
The officer for public information or the officer's agent may require a deposit or bond for payment of unpaid amounts the requestor owes the School in relation to previous public information requests before preparing a copy of public information in response to a new request if those unpaid amounts exceed $100. The officer for public information or the officer's agent may not seek payment of those unpaid amounts through any other means. Gov't Code 552.263(c)
The School must fully document the existence and amount of those unpaid amounts or the amount of any anticipated costs before requiring a deposit or bond under this section. The documentation is subject to required public disclosure. Gov't Code 552.263(d)
For the purposes of charging for providing copies of public information or for requesting an attorney general's opinion, if the School requires a deposit or bond from the requestor, a request for a copy of public information is considered to have been received by the School on the date it receives the deposit or bond for payment of anticipated costs or unpaid amounts. A requestor who fails to make such a deposit or post such a bond before the tenth day after the date the deposit or bond is required is considered to have withdrawn the request. Gov't Code 552.263(e), (f)
If the cost to the School of processing the collection of a charge for providing a copy of public information will exceed the amount of the charge, the Superintendent may waive the charge. If the Superintendent determines that waiver or reduction of the charge is in the public interest because providing the copy of the information primarily benefits the general public, the Superintendent may waive or reduce the charge for a copy of public information. Gov't Code 552.267
The cost provisions described above do not apply to a publication that is compiled and printed by or for the School for public dissemination. If the cost of the publication is not determined by state law, the
School may determine the charge for providing the publication, or it may provide the publication free of charge, if state law does not require a certain charge. Gov't Code 552.270
If the requestor does not request a copy of public information, the School may not impose a charge for making available for inspection any public information that exists in a paper record. If a page contains confidential information that must be edited from the record before the information can be made available for inspection, however, the School may charge for the cost of making a photocopy of the page from which the confidential information must be edited. No charge other than the cost of the photocopy may be imposed. Gov't Code 552.271(a), (b)
The officer for public information or the officer's agent may require a requestor to pay, or to make a deposit or post a bond for the payment of, anticipated personnel costs for making available for inspection public information that exists in paper records only if:
Gov't Code 552.271(c)
If the School receives a request to inspect information that exists in an electronic medium and the information is not available directly on-line to the requestor, a charge may not be imposed for access to the information unless complying with the request will require programming or manipulation of data. If programming or manipulation of data is required, the Superintendent shall notify the requestor before assembling the information and provide the requestor with an estimate of charges that will be imposed.
If public information exists in an electronic form on a computer owned or leased by the School, and the public has access to that information through a computer network or other means, the electronic form of the information may be electronically copied from that computer without charge if accessing the information does not require processing, programming, or manipulation on the School's computer before the information is copied. If such information does require processing, programming, or manipulation before it can be copied, the Superintendent may impose charges.
If the School creates or keeps information in an electronic form, it is encouraged to explore options to separate confidential information from public information and make the public information available to the public through electronic access through a computer network or other means.
Gov't Code 552.272
The Superintendent shall determine a time for which information that is not currently in use will be preserved, subject to any applicable rule or law governing the destruction and other disposition of local government records or public information. Gov't Code 552.004
The Board shall preserve the certified agenda or tape recording of a closed meeting for at least two years after the date of the meeting. If an action involving the meeting is brought within that period, the certified agenda or tape recording shall be preserved while the action is pending. Gov't Code 551.104(a)
A board or officer for public information may, within the time lines provided for in Government Code 552.324(b) and 552.353(b)(3), file suit seeking to withhold information, but the requestor may not be named as a party to that action. A board or officer for public information must demonstrate to the court that the board or officer made a timely good faith effort to inform the requestor, by certified mail or other method of written notice that requires the return of a receipt, of:
Gov't Code 552.324, 552.325
If the School seeks to withhold information from a parent who has requested public information relating to the parent's child under Chapter 552, Government Code, and files suit as described by Government Code 552.324 to challenge a decision by the attorney general, the School must bring the suit not later than the 30th calendar day after the date the School receives the decision of the attorney general.
A court shall grant such a suit precedence over other pending matters to ensure prompt resolution of the subject matter of the suit. Notwithstanding any other law, the School may not appeal the decision of a court in such a suit challenging a ruling of the attorney general. This prohibition does not affect the right of a parent to appeal the decision. If the School does not bring suit within the period established, the School shall comply with the decision of the attorney general.
If the School receives a request from a parent for public information relating to the parent's child, the School shall comply with Chapter 552, Government Code. If an earlier deadline for bringing suit is established under Chapter 552, Government Code, this rule does not apply.
Education Code 26.0085
If the School files suit seeking to withhold information, the School may raise only those exceptions to required disclosure that the School properly raised before the attorney general in connection with a request for a decision by the attorney general, unless the exceptions raised by the School in its suit seeking to withhold information are required by federal law or involve property or privacy interests of another person. Gov't Code 552.326
Adopted: 1/26/07
Amended:
Reviewed: