Tue Texas A&M University SysteM Office of General Counsel June 26, 2009 RE: Your Public information Requests for 2009 School Survey Reports Dear Mr. Johnson: 1am writing in reference to your public information request of June 2, 2009 (Reference No. 09-293) to Texas A&M University and your subsequent complaint to the Office of the Attomey General regarding the university's response. We are advised that your complaint concems the portion of your request which seeks “all part 1 survey results and executive summaries that PPRI produced for each school district that participated in the 2009 Texas School Survey of Drug and Alcohol Use.” We are advised that you have complained that the university's response that all part 1 survey results and executive summaries for each school district that participated in the 2009 survey is not responsive. Apparently you intended to request those part 1 survey results and executive summaries that had been produced through June 2, the date your request was received by the university. At this time, all survey results and executive summaries related to all school districts that participated in the 2009 survey have not been produced. With the understanding that you were requesting all survey results and executive summaries as you stated in your request, on June 16, 2009, the university informed you that the information you requested did not yet exist, adding that you may wish to submit your request at a later date. Subsequently, on June 18, 2009, you submitted a new request (Reference No, 09-329) for “the 2009 Texas School Surveys that are available at this time.” ‘The attomey general's office has suggested that we interpret the term “all” as used in Your initial request to mean those 2009 survey results and summaries that had been produced as ‘of June 2, 2009 and we will do so. We will further include those results and summaries, if any, that were produced through June 18, 2009 in response to your June 16, 2009 request. Texas A&M University holds copyright in the Texas School Survey Reports. It has been decided that beginning with the 2009 reports, the university will provide requestors access to the copyrighted material rather than copies of the information. In so doing, we are not asserting that 200"ehaogy Way, Sue 2079 Calla: Sao, Teas 75-334 SreAtLh 97OASRAISO Es causathe survey reports are excepted from disclosure under the Act on the basis of federal copyright law. Copyright law does not make information confidential for purposes of the Texas Public Information Act. Regarding the records you are seeking, the university is required to allow you to inspect the copyrighted information unless an exception to disclosure applies to the information, No such exception exists. ‘Therefore, the university will make the information you have requested available for your inspection, If you wish to make copies of copyrighted information, you may do so but without the assistance of the university. In making copies, you assume the duty of compliance with the copyright law and the risk of a copyright infringement suit. An officer for public information ‘must comply with copyright law, however, and is not required to furnish copies of copyrighted information. If you wish to inspect the Texas School Survey Reports that you have requested, please contact Suzy Yeager, the university's open records director, to arrange a date, time and location to view these records. Please feel free to contact me if you have any questions regarding this matter. Since, m 10 Sead tile, Scott A. Kelly Deputy General Counsel. DRC Ce James Coggeshall ‘Open Records Division Ofteectte ator Gener POBox 58 Austin, TX 78711-2548, Suzy Yeager Dr. James Dyer