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January 17, 2020 ‘The Honorable Ken Paxton Atierey General of Texas. ‘Ati: Open Records Division P.O. Box 12548 ‘Austin, Texas 78711-2548 Re: TEA PIR# 40900 Deér General Paxton (On January 2, 2020, the Texas Education Agency (TEA) received a public information request from Jacob Carpenter.’ Mr. Carpenter has requested all documents that contain the names of al individuals who submitted applications for the Houston independent School District Board of Managers. A responsive lst with the names of applicants will be {eleased to the requestor. However, pursuant to section 552.301(a) of the Government Coce, TEA requests an opinion regarding the status of the remaining responsive infomation sought in the enclosed request for information ? As recuired by section '552:301(e) of the Government Code, this leer is submited for the purpose of providing +) mitten comments explaining why section 552.116 of the Government Code apples to {he requested information; and 2) a representative sample ofthe requesied information at ‘Sedion 652.116 of the Goverment Code provides: {a) An audit working paper of an aucit ofthe state auditor or the auditor of a ‘State agency .. is excepted from [public disclosure] {b) Inthis section: (1) “Aud” means an auelt authorized or required by a statute ofthis slate or the United States and includes an investigation, (2) “Aut working paper" includes all information, documentary or ‘otherwise, prepared or mainisined in conducting an audit or preparing an aucilrepor, including (A) intra-agency and interagency communications; and ‘Due toan extensive power outage affecting a large porton ofthe Capt! Comylex on January 16, 2020, TEAwas urable to ulze is computers and printer, access is sorvers and databases, and send or receive mai Consequenty, TEA was unable fo conduc business, icuding respond fo puble information requests. Thereiore, TEA asserts Janvary 16, 2020, cosa not Count 26 9 busvese dy for ealewiating the len and flean business day deadlines n secon 552.301 ofthe Government Code. TEA hag redacted pereonal email addresses under section 562.137 of the Government Code pursuant o Open Recor Decision No. 684 (2009). Additional, TEA has redarted social secutty ‘Rumbers pursvant to section 852.147 of the Government Code. See Gov" Code § $52147(0) ‘Governmental body may redact social secuty number without necessity of requesing decision ‘fromthe stiormey genera) Fray, pursuantto the previous determination esued in Open Records Lote No. 2016-04398 (2016), TEA hs redacted the dates of bith of pub eiteene, “The Honorable Ken Paxton January 17, 2020 Pane 20f2 () dratts ofthe auait report or potions of those drafts. Enclosed are audit working papers prepared or maintained by TEA's Division of Governance and Investigations. This pending audit is autvorized by sections 38.051, 39052, and 39,102 of the Education Code, See Educ. Code §§ 38.051 (commissioner byrule shall determine itera for accreditation statuses of acredited, accrecited-wamed, ‘and accredites-probation), 052(8),(b)1)-(2) (in determining accreditation status of schoo! district, commissioner shall evaluate performance on student achievement indiators and performance under financial accountability rating system and may evaluate clsti’s compliance with statutory requirements and requirements imposed by ule of ‘commissioner or State Board of Education), .102 (ist of interventions and sanctions Commissioner must take if school district does not satisty the accreditation criteria under section 38.052, including appointment of agency monitor, conservator, management teem, andlor board of managers). Your office has previously recognized. TEA's investigations under chapter 39 af the Edueation Code as audits for purposes of section '552.116 of the Government Code. See Open Records Letter Nos. 2019-31676 (20109), 2019-26189 (2019), 2018-22421 (2018). For these reasons, TEA asserts the submitted information should be excepted from public disclosure in 8s entirety es aust working papers under section 862.116 of the Government Code, [As required by section 852,01(¢-1) ofthe Government Code, a copy of his letters being provided to the requestor. If you need additional information, please contact me at (512) 463-9720. Sincerely, WlthebrathedL. WW. Montboméry Meitler Senior Counsel Office of Legal Services Tense Education Agenoy Ene, © Jacob Carpenter K-12 Education Reporter Houston Chronicle via email (610 enclosures)