Attn: School of Medicine RE: records related to the “Human Life Protection Act”
| Submitted | March 16, 2022 |
| Est. Completion | None |
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Communications
From: Insider Staff
To Whom It May Concern:
Pursuant to the Texas Public Information Act, I hereby request the following records:
All publicly releasable records concerning curriculum and training from the 2021-2022 academic year for medical students regarding abortions and abortion procedures, including but not limited to:
-Class syllabi, lecture notes, slides, and other applicable materials
-Curriculum and training materials
-Emails and other written communications to and from students and faculty regarding instruction and teaching on abortion procedures, from 1/01/2021 through the day this request is processed
Please also provide written correspondence, including emails, regarding the implementation of the following state statute, signed in 2021, which will go into effect should the 1973 Supreme Court decision of Roe v. Wade be overturned later this year:
The “Human Life Protection Act” HOUSE BILL 1280 and SENATE BILL 9: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=HB1280
Responsive records should include but not be limited to:
-Planning documents held by the university concerning the implementation of the statute
-Memos and memoranda
-Emails and other written correspondence sent to and from students, faculty and staff concerning the statute, from 1/01/2021 through the day this request is processed
-Press releases and public communications concerning the statute
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,
Insider Staff
From:
Dear Insider Staff,
Texas Tech University (TTU) is in receipt of your Texas Public Information Act request attached. However, TTU seeks to discuss with you how the scope of your request might be narrowed and/or clarified pursuant to Texas Government Code § 552.222(b). TTU requests that you narrow or clarify the scope of your request as follows:
1. The Texas Tech University System has six components, two of which are medical schools. Your request does not specify from which TTU institution(s) you seek records. Please clarify which TTU institution(s) to which your request is directed.
1. In addition, your request seems to be for ALL emails and written communications to/from students. Pursuant to the Family Educational Rights and Privacy Act (FERPA), we are prohibited from releasing student emails, or communications about any student unless student identifying information is redacted, thus, the gathering of ALL emails and written communications to/from students would result in significant costs to you. However, if you agree to narrow your request to only the emails and written communications to students or faculty from the Office of the Provost, we should be able to provide you with these communications at a lower cost.
Please simply respond to this request and let us know if you are willing to narrow/clarify the scope of your request in the manner suggested or in some other manner. Please note that we may be required to send some contracts or other information to the Texas Attorney General for review prior to release. That process could take 2-3 months. TTU is required to inform you that if you do not respond to this request for narrowing/clarification within 61 days from the date of this request, your request will be considered withdrawn.
Thank you for your time.
[cid:image003.jpg@01D83EAF.550F88F0][Primary Logos - TTUHSC Brand Center]
Ellen Sorrells Fleischmann
Assistant General Counsel
Texas Tech University System
3601 4th Street, Stop 6237
Lubbock, Texas 79430-6237
Office: (806) 743-9921
Direct: (806) 743-2211
Ellen.Fleischmann@ttuhsc.edu<mailto:Ellen.Fleischmann@ttuhsc.edu>
This communication, including any attachments, originates from an Attorney and may contain confidential information and is intended only for the individual or entity to whom it is addressed. Any review, dissemination, or copying of this communication by anyone other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, delete and destroy all copies of the original message.
From: Insider Staff
Good afternoon,
Thank you for following up on my request. Please limit the scope of my request as follows:
-Both medical schools contained within the TTU system
-Emails and written communications sent to or from staff and faculty and both schools, excluding any communications sent to students at either school
For the purposes of aiding your search, search terms should include but not be limited to “Human Life Protection Act” “HOUSE BILL 1280” “HB 1280” “SENATE BILL 9” “SB 9” and “prohibit abortion”.
Please let me know if I can provide any further clarification.
Thanks again,
From: Insider Staff
Good afternoon, can you please provide a status update for this request? Thank you
From: Texas Tech University
Dear Insider Staff,
Texas Tech University is in receipt of your open records request. However, we have determined that complying with the request will result in the imposition of a charge that exceeds $40. Therefore, the following statement is provided pursuant to sections 552.2615 and 552.263 of the Texas Government Code, related to your request:
1. The requested information is not currently available in a form suitable for public release, and since the request involves manipulation of data, documents are not feasible to retrieve, will result in substantial interference with ongoing operations and can only be provided at a cost that covers the manipulation of data and other costs, you are entitled to an estimate of the costs and time to provide the information in the requested form. Furthermore, some of the documents you have requested contain confidential information that must be redacted prior to release. Therefore, the itemized statement of estimated charges is:
Labor 619.53 hours @ $15.00/hr $ 9,292.95
Overhead @ 20% $ 1,858.59
CPU time 162 hours @ $2.20/hr $ 356.40
Estimated Total Cost $11,507.94
1. Pursuant to §552.2615 of the Texas Government Code, TTUS is providing you with an alternative, less expensive method of obtaining some of the requested information. An alternative method would be to narrow your request by eliminating some of the information requested, limiting your search terms, limiting the persons from whom communications were sent, and/or shorten the time frame.
1. Your request will be considered automatically withdrawn if you do not notify us in writing and within 10 (ten) business days from the date of this statement that you:
* Accept the estimated charges and will pay them. Because your request is over $100.00, you are required to either deposit $5,753.97 (50% of the estimated costs) or provide TTUS with a bond for the total estimated cost. Please note that pursuant to §552.263(e), your request will be considered received when we receive your payment. Additionally, if you fail to pay within 10 business days, your request will be considered withdrawn pursuant to §552.263(f).
* Are modifying the request (state the modification); or
* Have sent a complaint to the Office of the Attorney General of Texas alleging that you have been overcharged for a copy of public information.
1. You may choose to respond by email to ellen.fleischmann@ttuhsc.edu<mailto:ellen.fleischmann@ttuhsc.edu>, regular mail (P.O. Box 42021, Lubbock, TX 79409), or in person to Room 301 of the System Administration Building, Texas Tech University System at 1508 Knoxville Avenue, Lubbock, Texas.
1. Your check, money order, or bond must be made payable to: Texas Tech University System.
1. If we determine that a change in estimated charges will exceed the amount in this written itemized statement by 20%, we will send you an updated written itemized statement. As noted above, the same response requirements are imposed on you once an updated itemized statement is sent.
1. TTUS expects it to take approximately 15 weeks to complete this request at current work loads.
Thank you,
[cid:image002.jpg@01D84DB8.F640C230][Primary Logos - TTUHSC Brand Center]
Ellen Sorrells Fleischmann
Assistant General Counsel
Texas Tech University System
3601 4th Street, Stop 6237
Lubbock, Texas 79430-6237
Office: (806) 743-9921
Direct: (806) 743-2211
Ellen.Fleischmann@ttuhsc.edu<mailto:Ellen.Fleischmann@ttuhsc.edu>
This communication, including any attachments, originates from an Attorney and may contain confidential information and is intended only for the individual or entity to whom it is addressed. Any review, dissemination, or copying of this communication by anyone other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, delete and destroy all copies of the original message.
From: Insider Staff
Good afternoon, thanks for the update. Please narrow the timeframe of the search to January 1, 2022 through today, April 14, 2022, using the search terms: “Human Life Protection Act” "HOUSE BILL 1280" "HB 1280" "SENATE BILL 9" and "SB 9".
As for specific employees within the medical schools, which department(s) do you suggest, based on the preliminary responsive records so far, that I limit the request to?
From: Texas Tech University
Dear Insider Staff,
Texas Tech University is in receipt of your open records request. However, we have determined that complying with the request will result in the imposition of a charge that exceeds $40. Therefore, the following statement is provided pursuant to sections 552.2615 and 552.263 of the Texas Government Code, related to your request:
1. The requested information is not currently available in a form suitable for public release, and since the request involves manipulation of data, documents are not feasible to retrieve, will result in substantial interference with ongoing operations and can only be provided at a cost that covers the manipulation of data and other costs, you are entitled to an estimate of the costs and time to provide the information in the requested form. Furthermore, some of the documents you have requested contain confidential information that must be redacted prior to release. Therefore, the itemized statement of estimated charges is:
Labor 16.23 hours @ $15.00/hr $ 243.45
Overhead @ 20% $ 48.69
CPU time 30 hours @ $2.20/hr $ 66.00
Estimated Total Cost $ 358.14
1. Pursuant to §552.2615 of the Texas Government Code, TTUS is providing you with an alternative, less expensive method of obtaining some of the requested information. An alternative method would be to narrow your request by eliminating some of the information requested, limiting your search terms, limiting the persons from whom communications were sent, and/or shorten the time frame.
1. Your request will be considered automatically withdrawn if you do not notify us in writing and within 10 (ten) business days from the date of this statement that you:
* Accept the estimated charges and will pay them. Because your request is over $100.00, you are required to either deposit $179.07 (50% of the estimated costs) or provide TTUS with a bond for the total estimated cost. Please note that pursuant to §552.263(e), your request will be considered received when we receive your payment. Additionally, if you fail to pay within 10 business days, your request will be considered withdrawn pursuant to §552.263(f).
* Are modifying the request (state the modification); or
* Have sent a complaint to the Office of the Attorney General of Texas alleging that you have been overcharged for a copy of public information.
1. You may choose to respond by email to ellen.fleischmann@ttuhsc.edu<mailto:ellen.fleischmann@ttuhsc.edu>, regular mail (P.O. Box 42021, Lubbock, TX 79409), or in person to Room 301 of the System Administration Building, Texas Tech University System at 1508 Knoxville Avenue, Lubbock, Texas.
1. Your check, money order, or bond must be made payable to: Texas Tech University System.
1. If we determine that a change in estimated charges will exceed the amount in this written itemized statement by 20%, we will send you an updated written itemized statement. As noted above, the same response requirements are imposed on you once an updated itemized statement is sent.
1. TTUS expects it to take approximately 2 weeks to complete this request at current work loads.
Thank you,
[cid:image001.jpg@01D85B08.952ADD70][Primary Logos - TTUHSC Brand Center]
Ellen Sorrells Fleischmann
Assistant General Counsel
Texas Tech University System
3601 4th Street, Stop 6237
Lubbock, Texas 79430-6237
Office: (806) 743-9921
Direct: (806) 743-2211
Ellen.Fleischmann@ttuhsc.edu<mailto:Ellen.Fleischmann@ttuhsc.edu>
This communication, including any attachments, originates from an Attorney and may contain confidential information and is intended only for the individual or entity to whom it is addressed. Any review, dissemination, or copying of this communication by anyone other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, delete and destroy all copies of the original message.
