Keller ISD: "Gender fluidity" book ban

Adam Steinbaugh filed this request with the Keller Independent School District of Keller, TX.
Tracking #

OR2005-02099

Status
Completed

Communications

From: Adam Steinbaugh

To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

1) Any emails, text messages, social media messages, or other communications to or from any member of the Keller ISD Board containing any of the terms identified below, and which were sent or received on or after August 1, 2022.

Terms: gender fluid, fluidity, LGBT, LGBTQ, EFB(Exhibit), Pico, EFB(LEGAL), EFB(LOCAL), Library Materials, or ACLU.

2) Any documents reflecting deliberation over EFB(Exhibit), which was considered at the November 14, 2022 meeting.

Please note that this request seeks any public records, including those generated, sent, received, or maintained on a device, system, or network not owned or controlled by Keller ISD. In other words, this request seeks public records sent via a personal device, personal email, or personal social media account, as well as those sent through devices, systems, or networks owned or controlled by Keller ISD.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Adam Steinbaugh

From:

Good afternoon,

Keller ISD is in receipt of your request for records and will begin
processing it as soon as possible. Please note that Open Records Letter
Ruling OR2005-02099 states that the Attorney General’s office “does not
count any holidays, including skeleton crew days observed by a governmental
body, as business days for the purpose of calculating a governmental body’s
deadline under the Public Information Act.” (November 21 - 25, 2022) If
the District estimates that production of the required records will result
in a charge to you of $40 or more, a cost estimate will be provided.

Please note that Section 552.275 of the Texas Government Code authorizes a
governmental body to establish a reasonable limit, not less than 15 hours
for a one month period or 36 hours in a 12 month period, on the amount of
time that personnel is required to spend producing public information for
inspection or copies to a requestor, without recovering the costs
attributable to the personnel time related to that requestor. Section
552.275 does not replace or supersede other sections, and it does not
preclude a governmental body from charging labor for a request for
inspection or copies for which a charge is authorized under other sections
of this law.

Keller ISD has established 15 hours in a one-month period and 36 hours per
12-month period as the reasonable limit on the amount of time personnel are
required to spend producing public information for inspection or copies
without recovering attributable costs. This 12-month period coincides with
the District's fiscal year, which begins on July 1. Requestors who exceed
the 36-hour time limit in a fiscal year (or 15 hours in one month) shall
pay all costs attributable to cost of materials, personnel time, and
overhead expenses necessary to comply with the request, even if the
requestor intends to only inspect the documents.

--
*Thank you, *
*Keller ISD Public Records*
P: 817-744-1000 | F: 817-744-1263
www.kellerisd.net

CONFIDENTIALITY NOTICE: This e-mail and attachments may contain privileged
or confidential information. If this email is not addressed to you,
promptly notify the sender and delete the message.

From: Keller Independent School District

Good afternoon,

Please find attached records responsive to the requests set out below. The
District is working diligently to gather additional responsive records and
expects to transmit them to you no later than Monday, December 12, 2022.

1) Any emails, text messages, social media messages, or other
communications to or from any member of the Keller ISD Board containing any
of the terms identified below, and which were sent or received on or after
August 1, 2022.

Terms: gender fluid, fluidity, LGBT, LGBTQ, EFB(Exhibit), Pico, EFB(LEGAL),
EFB(LOCAL), Library Materials, or ACLU.

2) Any documents reflecting deliberation over EFB(Exhibit), which was
considered at the November 14, 2022 meeting.

Where required, redactions have been made pursuant to § 552.137
(Confidentiality of Certain E-Mail Addresses), Tex. Gov't Code, which
provides that an e-mail address of a member of the public that is provided
for the purpose of communicating electronically with a governmental body
is confidential and not subject to disclosure. Additional reductions have
been made, per The Family Educational Rights and Privacy Act (FERPA), where
a student's identifying information appears within the records.

Also, please find attached correspondence filed this date with the Texas
Attorney General's office. The District's deadline to request a
determination is today.

If an attorney general decision has been requested, you may submit your
written comments to the attorney general stating any facts you want the
Open Records Division to consider. You may send your comments to:
Office of the Attorney General
Open Records Division
P.O. Box 12548
Austin, Texas 78711-2548

This concludes the District's response to the November 16, 2022 request,
pending transmittal of the additional records and the Attorney General's
determination.

*Thank you, *
*Keller ISD Public Records*
P: 817-744-1000 | F: 817-744-1263
www.kellerisd.net

---------- Forwarded message ---------
From: KISD PublicRecords <publicrecords@kellerisd.net>
Date: Tue, Nov 29, 2022 at 4:15 PM
Subject: November 15, 2022 Texas Public Information Act request to Keller
ISD
To: <requests@muckrock.com>

Good afternoon,

Keller ISD is in receipt of your request for records and will begin
processing it as soon as possible. Please note that Open Records Letter
Ruling OR2005-02099 states that the Attorney General’s office “does not
count any holidays, including skeleton crew days observed by a governmental
body, as business days for the purpose of calculating a governmental body’s
deadline under the Public Information Act.” (November 21 - 25, 2022) If
the District estimates that production of the required records will result
in a charge to you of $40 or more, a cost estimate will be provided.

Please note that Section 552.275 of the Texas Government Code authorizes a
governmental body to establish a reasonable limit, not less than 15 hours
for a one month period or 36 hours in a 12 month period, on the amount of
time that personnel is required to spend producing public information for
inspection or copies to a requestor, without recovering the costs
attributable to the personnel time related to that requestor. Section
552.275 does not replace or supersede other sections, and it does not
preclude a governmental body from charging labor for a request for
inspection or copies for which a charge is authorized under other sections
of this law.

Keller ISD has established 15 hours in a one-month period and 36 hours per
12-month period as the reasonable limit on the amount of time personnel are
required to spend producing public information for inspection or copies
without recovering attributable costs. This 12-month period coincides with
the District's fiscal year, which begins on July 1. Requestors who exceed
the 36-hour time limit in a fiscal year (or 15 hours in one month) shall
pay all costs attributable to cost of materials, personnel time, and
overhead expenses necessary to comply with the request, even if the
requestor intends to only inspect the documents.

--
*Thank you, *
*Keller ISD Public Records*
P: 817-744-1000 | F: 817-744-1263
www.kellerisd.net

CONFIDENTIALITY NOTICE: This e-mail and attachments may contain privileged
or confidential information. If this email is not addressed to you,
promptly notify the sender and delete the message.

From: Keller Independent School District

Good afternoon,

Attached are the responsive records the District mentioned providing by
Monday, December 12th in its previous email.

Where required, redactions have been made pursuant to § 552.137
(Confidentiality of Certain E-Mail Addresses), Tex. Gov't Code, which
provides that an e-mail address of a member of the public that is provided
for the purpose of communicating electronically with a governmental body
is confidential and not subject to disclosure. Additional reductions have
been made, per The Family Educational Rights and Privacy Act (FERPA), where
a student's identifying information appears within the records.

The Texas Public Information Act (the “Public Information Act” or the
“Act”) gives the public the right to request access to government
information. The request must ask for records or information already in
existence. The Act does not require a governmental body to create new
information, to do legal research, or to answer questions.

Section 552.275 of the Texas Government Code authorizes a governmental body
to establish a reasonable limit, not less than 15 hours for a one month
period or 36 hours in a 12 month period, on the amount of time that
personnel are required to spend producing public information for inspection
or copies to a requestor, without recovering the costs attributable to the
personnel time related to that requestor. Section 552.275 does not replace
or supersede other sections, and it does not preclude a governmental body
from charging labor for a request for inspection or copies for which a
charge is authorized under other sections of this law.

Keller ISD has established 15 hours in a one-month period and 36 hours per
12-month period as the reasonable limit on the amount of time personnel are
required to spend producing public information for inspection or copies
without recovering attributable costs. This 12-month period coincides with
the District's fiscal year, which begins on July 1. Requestors who exceed
the 36-hour time limit in a fiscal year (or 15 hours in one month) shall
pay all costs attributable to cost of materials, personnel time, and
overhead expenses necessary to comply with the request, even if the
requestor intends to only inspect the documents. For the 2022-2023 fiscal
year thus far, the District has spent 3.0 hours responding to requests you
have submitted to date (since July 1, 2022) and provided you with the
records gathered and compiled as a result.

This concludes the District's response to the November 15, 2022 request,
pending the Attorney General's determination.

*Thank you, *
*Keller ISD Public Records*
P: 817-744-1000 | F: 817-744-1263
www.kellerisd.net

---------- Forwarded message ---------
From: KISD PublicRecords <publicrecords@kellerisd.net>
Date: Wed, Dec 7, 2022 at 4:15 PM
Subject: Fwd: November 15, 2022 Texas Public Information Act request to
Keller ISD
To: <requests@muckrock.com>

Good afternoon,

Please find attached records responsive to the requests set out below. The
District is working diligently to gather additional responsive records and
expects to transmit them to you no later than Monday, December 12, 2022.

1) Any emails, text messages, social media messages, or other
communications to or from any member of the Keller ISD Board containing any
of the terms identified below, and which were sent or received on or after
August 1, 2022.

Terms: gender fluid, fluidity, LGBT, LGBTQ, EFB(Exhibit), Pico, EFB(LEGAL),
EFB(LOCAL), Library Materials, or ACLU.

2) Any documents reflecting deliberation over EFB(Exhibit), which was
considered at the November 14, 2022 meeting.

Where required, redactions have been made pursuant to § 552.137
(Confidentiality of Certain E-Mail Addresses), Tex. Gov't Code, which
provides that an e-mail address of a member of the public that is provided
for the purpose of communicating electronically with a governmental body
is confidential and not subject to disclosure. Additional reductions have
been made, per The Family Educational Rights and Privacy Act (FERPA), where
a student's identifying information appears within the records.

Also, please find attached correspondence filed this date with the Texas
Attorney General's office. The District's deadline to request a
determination is today.

If an attorney general decision has been requested, you may submit your
written comments to the attorney general stating any facts you want the
Open Records Division to consider. You may send your comments to:
Office of the Attorney General
Open Records Division
P.O. Box 12548
Austin, Texas 78711-2548

This concludes the District's response to the November 16, 2022 request,
pending transmittal of the additional records and the Attorney General's
determination.

*Thank you, *
*Keller ISD Public Records*
P: 817-744-1000 | F: 817-744-1263
www.kellerisd.net

---------- Forwarded message ---------
From: KISD PublicRecords <publicrecords@kellerisd.net>
Date: Tue, Nov 29, 2022 at 4:15 PM
Subject: November 15, 2022 Texas Public Information Act request to Keller
ISD
To: <requests@muckrock.com>

Good afternoon,

Keller ISD is in receipt of your request for records and will begin
processing it as soon as possible. Please note that Open Records Letter
Ruling OR2005-02099 states that the Attorney General’s office “does not
count any holidays, including skeleton crew days observed by a governmental
body, as business days for the purpose of calculating a governmental body’s
deadline under the Public Information Act.” (November 21 - 25, 2022) If
the District estimates that production of the required records will result
in a charge to you of $40 or more, a cost estimate will be provided.

Please note that Section 552.275 of the Texas Government Code authorizes a
governmental body to establish a reasonable limit, not less than 15 hours
for a one month period or 36 hours in a 12 month period, on the amount of
time that personnel is required to spend producing public information for
inspection or copies to a requestor, without recovering the costs
attributable to the personnel time related to that requestor. Section
552.275 does not replace or supersede other sections, and it does not
preclude a governmental body from charging labor for a request for
inspection or copies for which a charge is authorized under other sections
of this law.

Keller ISD has established 15 hours in a one-month period and 36 hours per
12-month period as the reasonable limit on the amount of time personnel are
required to spend producing public information for inspection or copies
without recovering attributable costs. This 12-month period coincides with
the District's fiscal year, which begins on July 1. Requestors who exceed
the 36-hour time limit in a fiscal year (or 15 hours in one month) shall
pay all costs attributable to cost of materials, personnel time, and
overhead expenses necessary to comply with the request, even if the
requestor intends to only inspect the documents.

--
*Thank you, *
*Keller ISD Public Records*
P: 817-744-1000 | F: 817-744-1263
www.kellerisd.net

CONFIDENTIALITY NOTICE: This e-mail and attachments may contain privileged
or confidential information. If this email is not addressed to you,
promptly notify the sender and delete the message.

From: Keller Independent School District

Good afternoon,

The District has received the attached correspondence from the Texas
Attorney General's office determining that some records responsive to your
request must be provided while others may be withheld.

In that regard, we are providing you with Exhibit 3 documents. The
Attorney General directed the District to redact those portions of the
records marked in purple. The remaining information is available for your
review.

This concludes the District's response to the November 15, 2022 request.

*Thank you, *
*Keller ISD Public Records*
P: 817-744-1000 | F: 817-744-1263
www.kellerisd.net

---------- Forwarded message ---------
From: KISD PublicRecords <publicrecords@kellerisd.net>
Date: Wed, Dec 7, 2022 at 4:15 PM
Subject: Fwd: November 15, 2022 Texas Public Information Act request to
Keller ISD
To: <requests@muckrock.com>

Good afternoon,

Please find attached records responsive to the requests set out below. The
District is working diligently to gather additional responsive records and
expects to transmit them to you no later than Monday, December 12, 2022.

1) Any emails, text messages, social media messages, or other
communications to or from any member of the Keller ISD Board containing any
of the terms identified below, and which were sent or received on or after
August 1, 2022.

Terms: gender fluid, fluidity, LGBT, LGBTQ, EFB(Exhibit), Pico, EFB(LEGAL),
EFB(LOCAL), Library Materials, or ACLU.

2) Any documents reflecting deliberation over EFB(Exhibit), which was
considered at the November 14, 2022 meeting.

Where required, redactions have been made pursuant to § 552.137
(Confidentiality of Certain E-Mail Addresses), Tex. Gov't Code, which
provides that an e-mail address of a member of the public that is provided
for the purpose of communicating electronically with a governmental body
is confidential and not subject to disclosure. Additional reductions have
been made, per The Family Educational Rights and Privacy Act (FERPA), where
a student's identifying information appears within the records.

Also, please find attached correspondence filed this date with the Texas
Attorney General's office. The District's deadline to request a
determination is today.

If an attorney general decision has been requested, you may submit your
written comments to the attorney general stating any facts you want the
Open Records Division to consider. You may send your comments to:
Office of the Attorney General
Open Records Division
P.O. Box 12548
Austin, Texas 78711-2548

This concludes the District's response to the November 16, 2022 request,
pending transmittal of the additional records and the Attorney General's
determination.

*Thank you, *
*Keller ISD Public Records*
P: 817-744-1000 | F: 817-744-1263
www.kellerisd.net

---------- Forwarded message ---------
From: KISD PublicRecords <publicrecords@kellerisd.net>
Date: Tue, Nov 29, 2022 at 4:15 PM
Subject: November 15, 2022 Texas Public Information Act request to Keller
ISD
To: <requests@muckrock.com>

Good afternoon,

Keller ISD is in receipt of your request for records and will begin
processing it as soon as possible. Please note that Open Records Letter
Ruling OR2005-02099 states that the Attorney General’s office “does not
count any holidays, including skeleton crew days observed by a governmental
body, as business days for the purpose of calculating a governmental body’s
deadline under the Public Information Act.” (November 21 - 25, 2022) If
the District estimates that production of the required records will result
in a charge to you of $40 or more, a cost estimate will be provided.

Please note that Section 552.275 of the Texas Government Code authorizes a
governmental body to establish a reasonable limit, not less than 15 hours
for a one month period or 36 hours in a 12 month period, on the amount of
time that personnel is required to spend producing public information for
inspection or copies to a requestor, without recovering the costs
attributable to the personnel time related to that requestor. Section
552.275 does not replace or supersede other sections, and it does not
preclude a governmental body from charging labor for a request for
inspection or copies for which a charge is authorized under other sections
of this law.

Keller ISD has established 15 hours in a one-month period and 36 hours per
12-month period as the reasonable limit on the amount of time personnel are
required to spend producing public information for inspection or copies
without recovering attributable costs. This 12-month period coincides with
the District's fiscal year, which begins on July 1. Requestors who exceed
the 36-hour time limit in a fiscal year (or 15 hours in one month) shall
pay all costs attributable to cost of materials, personnel time, and
overhead expenses necessary to comply with the request, even if the
requestor intends to only inspect the documents.

--
*Thank you, *
*Keller ISD Public Records*
P: 817-744-1000 | F: 817-744-1263
www.kellerisd.net

CONFIDENTIALITY NOTICE: This e-mail and attachments may contain privileged
or confidential information. If this email is not addressed to you,
promptly notify the sender and delete the message.

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