tea letter to ag erasure data

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  • 8/2/2019 TEA Letter to AG Erasure Data

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    1701 North Congress Ave. Austin,Texas 78701-1494 512 463-9734 512 463-9838 FAX www.tea.state.tx.us

    May 18, 2011The Honorable Greg AbbottAttorney General of TexasAttn: Open Records DivisionP.O. Box 12548Austin, Texas 78711-2548Re: ORD ID# 424343; TEA PIR# 15283Dear General Abbott:On April 29, 2011, the Texas Education Agency (TEA) received a public informationrequest from Nicky Hoon. Mr . Hoon has requested copies of all completed statewideassessment security audits involving erasures conducted by TEA s ince January 1,2007.1U po nr ece ip toftherequestor'sacceptanc

    final audit reports will be released to the requestor. However, pursuant to section552.301(a) of the Government Code, TEA requests an opinion regarding the status ofthe remaining responsive information sought in the enclosed request for information.2As required by section 552.301(e) of the Government Code, this letter is submitted forthe purpose o f providing: 1 ) written comments explaining why sections 552.101,552.116, and 552.122 of the Government Code apply to the requested information; and2) a representative sample of the requested information at issue_3Section 552.116 of the Government Code provides:(a) An audit working paper of an audit of the state auditor or the auditor of astate agency i s excepted from [public disclosure](b) In this section:(1) "Audit" means an audit authorized or required by a statute of thisstate or the United States and includes an investigation.

    'On May 4, 2011, TEA sought clarification of the information requested from the requestor. S eeGov't Code 552.222(b) (governmental body may communicate with requestor for purpose ofclarifying o r narrowing request for information). T EA received clarification from the requestor onMay 5, 2011, In the clarification, the requestor broadened the request for information to includeerasure data not related to assessment security audits. However, erasure data is only generatedfor purposes of audits o f statewide assessments. Therefore, erasu re data not related t o astatewide assessment security audit does not exist.'To the extent the public information request encompasses information deemed confidentialunder the Family Educational Rights and Privacy Act of 1974 (FERPA), TEA is withholding suchinformation fr om disclosure and is not s eeking an opinion on t he applicability of FERPA to thatinformation. Information protected by FERPA has been redacted from the enclosed copy ofrequested information.'Please note that a portion of the responsive information has been previously requested andforwarded to y our office for an opinion. A t this time, opinions regarding TEA PIR Nos. 15167(Lind) and 15135 (Hoon) have not been issued by your office.

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