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STE! October 21, 2019 ‘The Honorable Ken Paxton Attomey General of Texas ‘Attn: Open Records Division P.O, Box 12548 Austin, Texas 78711-2548, Re: TEA PIR# 40134 Dear General Paxton: ‘On October 8, 2018, the Texas Education Agency (TEA) received a public information request from Steve Miler. Mr. Miler has requested certain information conceming a ‘named individual appointeg to the board of managers of Marin Independent School District. A portion of the responsive information wil be released to the requestor However, pursuant to section 582.301(a) of the Government Code, TEA requests an pinion regarding the status of the remaining responsive information sought in the fenclosed request fo information." As required by section 552.301(e) ofthe Government Code, ths eters submitted forthe purpose of providing: 1) written comments explaining Why section 862.116 of the Government Code appiies tothe requested infermation; and 2) 2 representative sample ofthe requested information at issue. ‘Section 882.116 ofthe Government Code provides: (a) An auclt working paper of an auc ofthe state auctor or the aucitor of a state agency... Js excepted from [publle disclosure} (©) Inthis section: (1) “Audit” means an audit authorized or required by a statute of this state orthe United States and includes an investigation, (2) "Ault working paper" includes all information, documentary or otherwise, prepared or maintained in conducting an audit or ‘preparing an audit report, inclucing (A) inire-agency and interagency communications; and (®) drafs of the aucit report or portions of those crafts, Enciosed are audit workirg papers prepared or maintained by TEA’s Division of Governance and Investigations. This pending audit is authorized by sections 39.051, 38.052, and 39,102 of the Education Cade. See Educ. Code §§ 39.051 (commissioner by rule shall determine citera for accreditation statuses of accredited, accredted-wamed, and accredited-probation),.052(a),(6)1)-2) (in determining accreditation status of school istrict, commissioner shall evaluate performance on student achievement inicators and Performance under francis accountabilty rating system and may evaluate district's eompliance with statutory requirements and requirements Imposed by rule of "TEA nas redacted a personal email adress under section 652.137 ofthe Government Code pursuant to Open Records Decision No. 684 (2008), ‘The Honorable Ken Paxton ‘Qetober 21,2019 Page 20t2 ‘commissioner or State Board of Education), 102 (lst of interventions and sanctions ‘commissionat must take if schoo! district does not satay the aecrediation erteia under ‘section 39,052, including appointment of agency monitor, conservator, management team, andlor board of managers). Your offce has previously recognized TEA's investigations under chapter 39 of the Education Code as audits for purposes of section '952.116 of the Goverment Code, See Open Records Letter Nos. 2019-28169 (2019), 2019-22421 (2018), 2018-29489 (2078). For these reasons, TEA assers the responsive information should be excepted from pubic disclosure in is entirety as audit working papers under section 552.116 of the Government Code, ‘As required by section 552.301(e-1) of the Government Case, a copy of this ltr is being provided tothe requestor. If you need additional information, please contact me at (512) 463.9720. Sincerel Wid We MontJomaty Meitier Senior Counsel Ofte of Legal Services “Texas Education Agency Ene. e — Steveniler ‘Texas Monitor (lo enciosures)