Texas Youth Risk Behavior Survey (YRBS)

To Whom It May Concern:

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

All emails and written correspondence between the Texas Department of State Health Services and the Centers for Disease Control and Prevention, including the CDC Division of Adolescent and School Health, from the date range of Jan. 1, 2022, to April 28, 2022, regarding Texas determining whether or not it will move forward with administering the Texas Youth Risk Behavior Survey (YRBS). Employees or officials relative to this search include, but are not limited to: John Hellerstedt, Barbara L. Klein, Cynthia Hernandez, Kirk Cole, Ricardo Garcia, Stephen Pont, Donna Sheppard, Roberto Beaty, Jennifer Shuford, Imelda Garcia, David Gruber, Timothy Stevenson, and Manda Hall.

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,

Beatriz Rosen

Thank you Doug — please advise Open Records to limit the email box search to only those names listed in my inquiry, and to use these search terms:

"Texas Youth Risk Behavior Survey (YRBS)"
"Texas Youth Risk Behavior Survey"
"YRBS"
"High school YRBS"
"Texas 2019 results"
"survey"
"Texas Youth Risk Behavior Surveillance System (YRBSS)"
"Texas Youth Risk Behavior Surveillance System"
"YRBSS"
"high school YRBSS"
"Texas YRBSS"
"Centers for Disease Control and Prevention"
"CDC"
"CDC Division of Adolescent and School Health"
"CDC DASH"
"DASH"
"Division of Adolescent and School Health"
"sexual identity"
"sexual orientation"
"bisexual"
"gay or lesbian"
"gender"
"transgender"
"sex"
"race/ethnicity"
"data"
"high school students"
"high school"
"end"
"pause"
"delete"
"erase"

I am willing to exclude attorney-client documents. If an exclusion is made under this privilege, I request the following information, since a governmental body bears the burden of providing the facts necessary to demonstrate the elements of attorney-client privilege in Texas:
- The Texas Department of State Health Services must demonstrate that the exempted communication was made "to facilitate the rendition of professional legal services" to the client governmental body.
- The Texas Department of State Health Services must demonstrate that the exempted communication was between or among clients, client representatives, lawyers, and lawyer representatives.
- The Texas Department of State Health Services must demonstrate that the exempted communication was confidential and has remained confidential, as the client can waive attorney-client privilege at any time.

As stated in the Texas' Attorney General's Public Information Act Handbook, attorney-client privilege will not apply if the attorney or the attorney's representative was acting in a capacity "other than that of providing or facilitating professional legal services to the client."

Thank you very much for your time.

Hi Douglas, thank you for working through all this data and for this suggestion to narrow the search.

Please remove these search phrases: "Centers for Disease Control AND Prevention", "race ethnicity" OR "data" OR "high school students" OR "high school" OR "end" OR "pause." Please let me know if that narrows the data to a more manageable scope?

Glad to take out the term "CDC" from the records search as well. Thank you Douglas for your time and work on all of this.

Thank you for looking into this & following up here Douglas — please try the search with only these terms.

"Texas Youth Risk Behavior Surveillance System (YRBSS)"
"Texas Youth Risk Behavior Surveillance System"
"YRBSS"
"Texas Youth Risk Behavior Survey (YRBS)"
"Texas Youth Risk Behavior Survey"
"YRBS"
"sexual orientation"
"bisexual"
"gay or lesbian"
"transgender"

That option provided by your team member would be great — thank you Douglas.