Case Information

*1 February 25, 1987 Mr. William 8. Miller Opinion NO. m-638 Executive Director

Texas School for the Blind Be: Whether local school dis- 1100 West 45th Street tricts are required to furnish Texas 78756 names and addresses of parents Austin, of blind students to the Texas

School for the Blind Dear Mr. Xiller:

You have requested an opinion from this office. In your letter, you stated:

Section 21.507(e) of the Texas Education Code provides-that local school districts shall provide parents of handicapped students with written information about:

(1) the availability of programs offered by for which state institutions the district’s students may be eligible.

(2) the eligibility requirements and admission conditions imposed by each of those state institu- tions, and

(3) the rights of students regarding admission institutions and appeals from those admission decisions.

Subsection (g) of section 21.507 provides that Texas School for the Blind Itself may provide the written required by subsection (c) directly to parents.

The Texas School the Blind would like Information on its programs directly parents visually impaired students. In order to provide the information directly. we need to be able the aaxes and addresses parents impaired students.

Therefore, I request your opinion on the following questions:

Mr. William E. Rfller - Page 2 (JIG638) local school districts required

1. Are provide to the Texas School the Blind upon for request, the names and addresses parents of blind and visually impaired students in their districts?

2. If the names and addresses of parents of impaired students have already been given to another agency by che’local school district, is that state agency required provide the information to the Texas School for the Blind upon request? section 21.507 nor any other statute of which we are

Neither aware imposes on school districts or on state agencies a duty to to the School for the Blind the information to which you refer. If the school wishes this information, ic may request it under the Open Records Act, article 6252-17a, V.T.C.S. Pursuant to this act, a school district or a state agency from which this is requested would be obligated to release it unless the entity believed chat an exception in section 3(a) of the act applied tom the information. In that event, and assuming that no prior ~decision of this office resolves the matter, the entity would be

obligated to request our decision regarding the availability- information, V.T.C.S. art. 6252-17a. 17(a): see Open Records Decision No. 435 (ls86), and. ve would issue such adecision. See also 20 U.S.C. s1232g.

SUMMARY If School for the Blind wishes to obtain from a school district or a state agency the names and addresses of the parents of visually impaired students, it should submit these entities a If an this information. vritten eotity wishes to deny the request under section 3(a) of the Open Records Act, article 6252-17a. it must seek our decision in the matter.

V.T.C.S.,

JIH MATTOX Attorney General Texas JACK EICRTOWEX

First Assistant Attorney General

MARY RBLLER

Executive Assistant Attorney General

P. 2888 *3 Mr. Willism Ii. Miller - Page 3 (m-638)

RICK CILPIN

Chairman. Opinion Committee

Prepared by Jon Bible

Assistant Attorney General