Records Management

Texas Government Code, Chapter 552

 

Texas Government Code, Chapter 552, gives you the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. All government information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information.

Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought.

Rights of Requestors

You have the right to:

•Prompt access to information that is not confidential or otherwise protected;
•Receive treatment equal to all other requestors, including accommodation in accordance with the  Americans with Disabilities Act (ADA) requirements;
•Receive certain kinds of information without exceptions, likethe voting record of public officials, and other  information;
• Receive a written statement of estimated charges, when charges will exceed $40, in advance of work  being started and opportunity to modify the request in response to the itemized statement;
•Choose whether to inspect the requested information (most often at no charge), receive copies of the  information or both;
•A waiver or reduction of charges if the governmental body determinesthat access to the information  primarily benefits the general public;
•Receive a copy of the communication from the governmentalbody asking the Office of the Attorney General  for a rulingon whether the information can be withheld under one of theaccepted exceptions, or if the  communication discloses the requested information, a redacted copy;
•Lodge a written complaint about overcharges for public information with the Office of the Attorney General.  Complaints ofother possible violations may be filed with the county or districtattorney of the county where  the governmental body, other thana state agency, is located. If the complaint is against the countyor  district attorney, the complaint must be filed with the Officeof the Attorney General.

Responsibilities of Governmental Bodies

All governmental bodies responding to information requests have the responsibility to:
•Establish reasonable procedures for inspecting or copying public information and inform requestors of these  procedures;
•Treat all requestors uniformly and shall give to the requestorall reasonable comfort and facility, including  accommodation inaccordance with ADA requirements;
•Be informed about open records laws and educate employees onthe requirements of those laws;
•Inform requestors of the estimated charges greater than $40 andany changes in the estimates above 20  percent of the original estimate, and confirm that the requestor accepts the charges, or hasamended the  request, in writing before finalizing the request;
•Inform the requestor if the information cannot be provided promptly and set a date and time to provide it  within a reasonable time;
•Request a ruling from the Office of the Attorney General regarding any information the governmental body  wishes to withhold, and send a copy of the request for ruling, or a redactedcopy, to the requestor;
•Segregate public information from information that may bewithheld and provide that public information  promptly;
•Make a good faith attempt to inform third parties when their proprietary information is being requested  from the governmental body;
•Respond in writing to all written communications from the Office of the Attorney General regarding charges  for the information. Respond to the Office of the Attorney General regardingcomplaints about violations of  the Act.

Notitication of Rights under FERPA for Elementary and Secondary Schools:

In accordance with federal regulations and for the benefit of parents and students in the school district, this notice serves to notify parents of students currently in attendance and students of legal age of their rights regarding educational records and confidentiality.

PARENT RIGHTS

You have the right to the following:

1. Inspect and review your child’s educational record. (FERPA 99.4)

2. If you feel the educational record is misleading or inaccurate, you can request an amendment to the part of record that is inaccurate.

3. Give written consent before any personally identifiable information is released about your child.

4. File a complaint with the Department of Education in Washington, D.C., which enforces regulations pertaining to educational records if alleged violations are being made by the school district and you have been unable to resolve those differences at the school district level.

Procedures to Obtain Educational Records

1. Contact the school principal and inform him/her that you would like a copy of your child’s educational record.

2. Allow the school five days to copy and provide the requested information. There may be a small fee to cover the copying.

Procedures for Requesting a Change in Your Child’s Education Record

1. Inform the school principal that you have discovered inaccurate or misleading information and would like it amended or removed.

2. Allow the school district five to 10 working days to decide whether your request is valid.

3. If the school district disagrees with the request, you can file for a hearing with the school district to voice your concerns.

4. If, as a result of the hearing, the school district decides that the information is inaccurate or misleading, the school will amend the record and inform you of the amendment in writing.

5. If, as a result of the hearing, the school district decides the information is accurate and not misleading, they will notify you of the right to place a statement in the record explaining why you feel the information is misleading or incorrect.

6. The school district is obligated to place a copy of your statement in the educational record.