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May 18, 2011 The Honorable Greg Abbott Attorney General of Texas Attn: O pen Records Division P.O. Box 12548 Austin, Texas 78711-2548 Re: ORD ID# 424343; TEA PIR# 15283 Dear General Abbott: On April 29, 2011, the Texas Education Agency (TEA) received a public information request from Nicky Hoon. M r . Hoon has requested copies of all completed statewide assessment security audits involving erasures conducted by T EA since January 1, 2007. nal audit reports will be released t o the requestor. Howev er , pursuant to section 1 552.301(a) of the Government Code, TEA requests an opinion regarding the status of U p thenremaining responsive information sought in the enclosed request for information. o A required by section 552.301(e) of the Government Code, this letter is submitted for 2s e r the purpose o f providing: 1 ) written comments explaining why sections 552.101, c 552.116, and 552.122 of the Government Code apply to the requested information; and e a representative sample of the requested information at issue_ 2) i p t 3 o Section 552.116 of the Government Code provides: f t (a) An audit working paper of an audit of the state auditor or the auditor of a state agency i s excepted from [public disclosure] h (b) In this section: e (1) "Audit" means an audit authorized or required by a statute of this r state or the United States and includes an investigation. e q 'On u May 4, 2011, TEA sought clarication of the information requested from the requestor. S e e Gov't Code 552.222(b) (governmental body may communicate with requestor for purpose of e clarifying or narrowing request for information). TE A received clarication from the requestor on s 5, 2011, I n the clarication, the requestor broadened the request for information to include May terasure data not related to assessment security audits. However, erasure data is only generated for o purposes o f audits o f statewide assessments. Therefore, erasure data not related t o a statewide assessment security audit does not exist. r 'To the extent the public information request encompasses information deemed condential ' under the Family Educational Right s and Privacy Act of 1974 (FERPA), TE A is wit hholding such s information f rom disclosure and is not seeking an opinion on t he applicability of FERPA to that a information. I n f o r ma t i o n prot ec t ed by FE RP A has been redac t ed f rom t he enc los ed c opy o f requested information. c 'Please not e t hat a port ion o f t he res pons iv e inf ormat ion has been prev ious ly reques t ed and c forwarded t o y our ofce f or an opinion. A t this time, opinions regarding TE A PI R Nos . 15167 e (Lind) and 15135 (Hoon) have not been issued by your ofce. p t a n c