Texas Education Code - Section 12.1052. Applicability Of Laws Relating To Local Government Records
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§ 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, Chapter 441,
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, Chapter 441, 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.
Added by Acts 2001, 77th Leg., ch. 1504, § 6, eff. Sept. 1, 2001.
Section: 12.101 12.1012 12.102 12.103 12.104 12.105 12.1051 12.1052 12.1053 12.1054 12.1055 12.1056 12.1057 12.106 12.1061
Last modified: August 10, 2007
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