Trustees examined language in the operating procedures describing board members’ statutory access to district records under Section 11.1512 of the Texas Education Code during the Sept. 30 workshop.
The discussion reviewed legal language that requires school districts to provide a trustee, acting in an official capacity, access to information, documents and records maintained by the district without requiring a Public Information Act request. "Section 11.1512 of the education code was amended to require 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 into the public information act chapter 552 of the government code," the transcript records.
Why it matters: Section 11.1512 changes how trustees obtain records and requires districts to report annually to the Texas Education Agency the number of trustee requests and the district’s total costs for responding. Trustees raised questions about confidentiality, exemptions and whether administration may require redaction or a confidentiality agreement for attorney‑client information.
Cindy, a staff member, summarized the practical effects: board members are "entitled to information and records and don't have to go through the Public Information Act process," but districts may withhold or redact material exempted from public disclosure, including information protected by FERPA. She said the new law allows the district to request a confidentiality agreement for records containing attorney‑client privileged material.
Trustees asked how requests should be made. The operating procedures under review suggest trustees request non‑agenda information from the superintendent, who will determine if records are readily available and whether providing the information would divert staff time. If a request requires a special report that diverts staff resources, the superintendent will notify the board and the board president, and preparation of such a report must be authorized by board action.
No formal vote was taken; staff agreed to edit the draft language for clarity and to confirm reporting obligations to the Texas Education Agency.