Tex.
Educ. Code Section 12.1052
Applicability of Laws Relating to Local Government Records
(a)
With respect to the operation of an open-enrollment charter school, an open-enrollment charter school is considered to be a local government for purposes of Subtitle C, Title 6, Local Government Code, and Subchapter J (Definitions), Chapter 441 (Libraries and Archives), Government Code.(b)
Records of an open-enrollment charter school and records of a charter holder that relate to an open-enrollment charter school are government records for all purposes under state law.(c)
Any requirement in Subtitle C, Title 6, Local Government Code, or Subchapter J (Definitions), Chapter 441 (Libraries and Archives), Government Code, that applies to a school district, the board of trustees of a school district, or an officer or employee of a school district applies to an open-enrollment charter school, the governing body of a charter holder, the governing body of an open-enrollment charter school, or an officer or employee of an open-enrollment charter school except that the records of an open-enrollment charter school that ceases to operate shall be transferred in the manner prescribed by Subsection (d).(d)
The records of an open-enrollment charter school that ceases to operate shall be transferred in the manner specified by the commissioner to a custodian designated by the commissioner. The commissioner may designate any appropriate entity to serve as custodian, including the agency, a regional education service center, or a school district. In designating a custodian, the commissioner shall ensure that the transferred records, including student and personnel records, are transferred to a custodian capable of:(1)
maintaining the records;(2)
making the records readily accessible to students, parents, former school employees, and other persons entitled to access; and(3)
complying with applicable state or federal law restricting access to the records.(e)
If the charter holder of an open-enrollment charter school that ceases to operate or an officer or employee of such a school refuses to transfer school records in the manner specified by the commissioner under Subsection (d), the commissioner may ask the attorney general to petition a court for recovery of the records. If the court grants the petition, the court shall award attorney’s fees and court costs to the state.
Source:
Section 12.1052 — Applicability of Laws Relating to Local Government Records, https://statutes.capitol.texas.gov/Docs/ED/htm/ED.12.htm#12.1052 (accessed Jun. 5, 2024).
