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U.S.

Department of Justice Civil Rights Division

TCH:RSB:JBG:JDH:tst DJ 166-012-3 2012-5818

Voting Section - NWB 950 Pennsylvania Avenue, NW Washington, DC 20530

February 6, 2013

David Anderson, Esq. General Counsel Texas Education Agency 1701 North Congress Avenue Austin, Texas 78701-1494 Dear Mr. Anderson: This refers to the temporary replacement of the elected board of trustees of the El Paso Independent School District in EI Paso County, Texaswith a five-member board of managers appointed by the Texas Education Agency, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965,42 D.S.C. 1973c. We received your submission on December 13,2012; additional information was received through February 4,2013. You recently informed us that your agency has not issued a final order, pursuant to Tex. Educ. Code Ann. 97.1037(f), concerning the appointment of the board of managers, and that, as a result, this action remains under review. Because this matter is not final, it would be inappropriate for the Attorney General to make a determination at this time. Procedures jar the Administration of Section 5 of the Voting Rights Act of 1965,28 C.F.R. 51.22(a) and 51.35. If, and when, this change is finally adopted, review under Section 5 should be sought. Refer to File No. 2012-5818 in any response to this letter so that your correspondence will be channeled properly.

-~~,_~~&~jr-. GrChief, Votmg Section

~cerelY'

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