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    DSHS denies their right to access the local district reports from the FY 2009 Texas School Survey

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    DSHS denies their right to access the local district reports from the FY 2009 Texas School Survey

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    DSHS denies their right to access the local district reports from the FY 2009 Texas School Survey

    Copyright:

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    38 views2 pages

    DSHS Denies Their Right To Access The Local District Reports From The FY 2009 Texas School Survey

    Uploaded by

    Public Information Requests
    DSHS denies their right to access the local district reports from the FY 2009 Texas School Survey

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    IEXAS DEPARTIVIENT OF STATE IINAT,TTT SERVICF^S

    P.O. Box 149347


    Austin, Texas 7E7 I +934'l
    r-88&96311il
    DAVIDL I..AKEY. M.D. TTY: l-800"?35-2989
    COMMISSIONER www.dshs.state.tx.us

    January 19,2010

    DearMr. Johnson:

    The Health and Human Scrvices Commission ([IHSC), Office of the Ombudsman, forwarded
    your January 6, 2010 complaint to this office for handling. The Departrnent of State Health
    Services (DSIIS or department) believes it has provided all responsive information in its
    possession to you in response to your November 16,2009 open records rcquest. This letter
    addresses your concern that the department has a right of access to the dishict level reports
    created under contract numbers 2007420794 and 2009-029373.

    Thc 2007 and 2O09 contracts do not give DSHS the right of access to the district level reports.
    Contract 2009429373, Section (BXs) requires Texas A&M University (Texas A&M) to
    perform the following: "Submit all district level reports in writing to school districts
    participating in the 2008-2009 Survey. Contractor shall prepare, bind, and mail executive
    summarieVgraphics reports to all participating school districts by August 3l,2cf,ig. Contractor
    shall make these materials available to DSHS, or those authorized by DSHS, upofi requeEt..."
    @mphasis added,) According to Elizabeth Jones, Assistant General Counsel at DSHS and
    program attorney for the DSHS substance abuse contracts, "these materials" refers to the
    executive summariedgraphics reports, not the district level reports. DSHS believes that it has
    already provided all executive summaries and gnphic rcports to you that were created under
    both contracts.

    You may contact Texas A&M concerning the information that Texas A&M copyrighted under
    the 2009 contract.

    Please contact me if you have any further questions concerning this complaint.

    3a D. Hernandez

    An Equal Employment OWoftunW Employer and provider


    Craig Johnson
    January l9,20l0
    Page2

    Office of General Counsel - MCl9l9


    Dept. of State Health Services
    P.O. Box 149347
    Austin, Texas 78714-9347

    An Equal Emfloyment Qpprun@ Employer and Provider

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