May 30, 2014
Re: Reporting requirement concerning member of
board of trustees requests for district information when acting in official
Section 11.1512 of the Education Code was recently
amended to require a school district to provide a member of its board of
trustees, when acting in the member’s official capacity, access to any
information, documents, and records maintained by the school district without
requiring the member to submit a request under the Public Information Act,
chapter 552 of the Government Code. However, a school district is permitted to
withhold or redact information requested by a board member to the extent the
item is excepted from public disclosure under the Public Information Act or
other law, including records not subject to disclosure under the Family
Educational Rights and Privacy Act (20 U.S.C. § 1232g). See
Educ. Code § 11.1512(c).
Additionally, section 11.1512 requires a school district
to report annually, no later than September 1 of each year, to TEA the number
of requests submitted by a member of its board of trustees during the preceding
school year and the total cost to the district for that school year of
responding to such requests. Id. § 11.1512(e).
For the 2013-14 school year, the data elements required
by section 11.1512(e) of the Education Code will be collected in Survey
Monkey. The reporting period for this
collection is from September 1, 2013 to May 31, 2014. A survey must be completed by all school
districts no later than October 1, 2014. The survey will include TEA contact
information for any questions or concerns respondents have regarding the
collection. Districts will receive an
email from PEIMS Customer Support with a link to the survey. Please visit the Frequently Asked Questions
(FAQ’s) link for further information.
Commencing with the 2014-15 school year, these data
elements will be collected through PEIMS.
Thank you for your assistance.
W. Montgomery Meitler
Public Information Counsel and Confidentiality Officer
Office of Legal Services
Texas Education Agency
H.B. 628, Acts of the 83rd Legislature,
Regular Session, 2013.
TEA has granted a one month extension for the first
year of reporting.