Conroe ISD opposes TEA info & record rules

**Conroe ISD Challenges State Education Agency on Proposed Public Information Rule Changes**

**CONROE, TX – December 14, 2023** – The Conroe Independent School District’s Board of Trustees unanimously passed a resolution on December 12, 2023, formally opposing two proposed rules from the Texas Education Agency (TEA) that the district warns could lead to substantial financial burdens, operational inefficiencies, and an encroachment on local control.

The contentious rules, introduced by the TEA in September 2023 as updates to the Texas Public Information Act Handbook, are identified as amendments to 19 Texas Administrative Code (TAC) Section 100.1041, concerning Record Retention Schedules, and 19 TAC Section 61.1021, which addresses Public Information.

At the heart of Conroe ISD’s objection is the TEA’s proposed redefinition of “public information.” Currently, the Texas Public Information Act (TPIA) allows for certain exemptions, often including preliminary drafts and internal notes, to protect governmental bodies’ deliberative processes. The TEA’s proposed changes, however, seek to include “preliminary drafts, notes, and communications within a governmental body” within the scope of public information, while also mandating the creation and retention of additional records.

During Tuesday’s board meeting, Conroe ISD leadership articulated three primary concerns regarding the potential impact of these rule changes.

Firstly, the district anticipates a significant financial strain. Officials project a sharp increase in legal costs associated with managing a broadened scope of public information requests, as well as the necessity for additional staff time and resources. This includes the painstaking process of identifying, retaining, and producing documents that were never previously classified as “public” under existing TPIA interpretations.

“The financial impact of these new mandates cannot be overstated,” a district spokesperson noted, emphasizing the diversion of funds and personnel from educational initiatives to administrative compliance.

Secondly, CISD leadership expressed concern that expanding the definition of public information to include preliminary drafts and internal notes could inadvertently stifle open communication and internal deliberation among staff. The fear is that if every early-stage thought, draft, or internal discussion is subject to public disclosure, it could discourage thorough internal vetting and the free exchange of ideas vital for effective district management and policy development.

“Innovation and effective problem-solving often begin with preliminary discussions and drafts that need a safe space for development,” a board member commented during the deliberation. “Making those immediately public could hinder our ability to refine ideas and make the best decisions for our students.”

Lastly, the resolution firmly asserts that the proposed rules exceed the TEA’s statutory authority. Conroe ISD contends that the agency is overstepping its bounds by attempting to modify the definition of “public information,” a prerogative established by the Texas Legislature through the TPIA itself. This action, the district argues, directly infringes upon the local control and operational autonomy of school districts across the state.

The Texas Public Information Act (TPIA), codified in Chapter 552 of the Texas Government Code, is a cornerstone of governmental transparency in Texas, granting the public access to government records. School districts, as governmental bodies, are subject to its provisions. Conroe ISD’s resolution effectively positions the district as an advocate for maintaining the Legislature’s authority in defining the scope of this critical act.

Conroe ISD is not alone in its apprehension. Education advocacy groups, such as the Texas Association of School Administrators (TASA) and the Texas Association of School Boards (TASB), routinely advocate for local control and have historically raised concerns about state mandates that impose unfunded burdens or limit local decision-making. It is anticipated that other school districts across Texas may share similar objections to the proposed TEA amendments.

The TEA’s proposed rules typically undergo a public comment period, during which governmental bodies and citizens can submit feedback. Conroe ISD’s resolution serves as a formal submission within this process, urging the agency to either completely withdraw these proposed rule changes or revise them significantly. The district’s goal is to alleviate the projected financial strain and preserve the operational flexibility and internal communication deemed vital for effective district management.

The outcome of these proposed rule changes could have far-reaching implications for how Texas school districts, and potentially other local government entities, manage information, allocate resources, and conduct their internal operations.