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A 16-year-old in El Paso hears that her high school signed a new contract for hallway security cameras. Nobody at school can tell her what it costs or how long the video is kept. She does not need anyone's permission to find out. She can send a written request to the district under the Texas Public Information Act, the state law that lets people inspect or copy government records.
The right comes from state law
The federal Freedom of Information Act, or FOIA, covers federal agencies. Your school district answers to your state's records law instead. That matters, because in McBurney v. Young (2013) the U.S. Supreme Court said the Constitution does not guarantee a right to government records. The right exists because a legislature wrote it down.
So the rules in Texas are the rules in the Texas statute. Other states have their own deadlines and fees, and you should read yours.
How the Texas clock works
The Office of the Attorney General says a district must release public information 'promptly', which means a reasonable time with no stalling. If it needs more than ten business days, it must tell you in writing when the records will be ready.
If the district wants to hold anything back, it usually has to ask the Attorney General's Open Records Division for a ruling and tell you it did so. The same page says districts must treat all requestors equally, so being 16 does not put you at the back of the line.
Some records are confidential by law. Files that identify individual students are the most common example, so expect names to be blacked out. Your own student file is a separate matter under a federal law called FERPA.
Writing the request
Ask for documents, not answers. A good request names the record and a date range: 'the district's contract with its hallway camera vendor, and any policy on how long camera video is kept, from August 2024 to today.' A question like 'why did you buy cameras?' is not a records request.
Email it to the district's public information officer, whose contact is usually on the district website. You can also mail it or bring it in person. Keep a copy with the date you sent it.
Looking at records is often free; copies can cost money. If the charges will be more than $40, the district must send you a written estimate first, and you must answer it within 10 days or the request is treated as withdrawn. You can ask the district to lower or waive the cost because the information mainly benefits the public.
If the district goes quiet
Count ten business days from the day the district got your request. If it has not answered you or asked the Attorney General for a ruling by then, you can file a complaint with the Open Records Division. You can also complain if you think you are being overcharged for copies.
The Attorney General's Open Government Hotline is (512) 478-6736, or toll free (877) 673-6839. Call it before you file anything if you are unsure. Outside Texas, search your state attorney general's site for its public records guide.
Lembre-se disto
- School districts are covered by state records laws, not federal FOIA, and the right exists because a legislature created it.
- In Texas, a district must release records promptly and tell you in writing if it needs more than ten business days.
- Ask for specific documents and a date range, and keep a dated copy of your request.
- No reply and no ruling request after ten business days? Complain to the Texas Open Records Division.
Fontes
- Texas Office of the Attorney General: Overview of the Public Information Act (abre em uma nova aba)
- Texas Office of the Attorney General: The Public Information Act, Rights of Requestors (poster) (abre em uma nova aba)
- Legal Information Institute (Cornell): McBurney v. Young, 569 U.S. 221 (2013) (abre em uma nova aba)
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