Section 100.1203 - Records Management(a) Retention of government records. With respect to its operation of a charter school, a charter holder is considered to be a local government for purposes of Local Government Code, Title 6, Subtitle C, and Texas Government Code, Chapter 441, Subchapter J.(1) Government records. Records of a charter school and records of a charter holder that relate to a charter school are government records for all purposes under state law.(2) Retention and destruction of records. Any requirement in Local Government Code, Title 6, Subtitle C, or Texas Government Code, Chapter 441, Subchapter J, that applies to a school district, the board of trustees of a school district, or an officer or employee of a school district applies to a charter school, the governing body of its charter holder, the governing body of the charter school, and each officer and employee of the charter school.(3) Maintained within this state. Records of a charter school shall be maintained physically within the state of Texas at all times, except those records stored electronically in accordance with the requirements of Local Government Code, Chapter 205, may be maintained outside the state of Texas if such records remain accessible from within the state of Texas during normal business hours. For purposes of this paragraph, the records of a charter school shall mean the records indicated by the Financial Accountability System Resource Guide, adopted by reference in § 109.41 of this title (relating to Financial Accountability System Resource Guide), or its successor, or by the laws and rules summarized therein. The records of a management company related to the charter school may be audited under §100.1075(b) of this title (relating to Audit by Commissioner; Records in the Possession of a Management Company), but are not subject to this paragraph.(4) Records of former charter holder. Notwithstanding paragraph (2) of this subsection, and notwithstanding Local Government Code, §201.007, the records of a charter holder that ceases to operate a charter school shall be transferred in the manner prescribed by the commissioner of education under subsection (b) of this section.(b) Transfer of former charter holder records. The records of a charter holder that ceases to operate a charter school shall be transferred as directed by the commissioner to a custodian or custodians designated by the commissioner. The commissioner may designate any appropriate entity to serve as custodian, including the Texas Education Agency, a regional education service center, or a school district. In designating a custodian, the commissioner shall ensure that the transferred records, including student and personnel records, are transferred to a custodian capable of maintaining the records; making the records readily accessible to students, parents, former school employees, and other persons entitled to access; and complying with applicable state or federal law restricting access to the records.(c) Enforcement. If a charter holder, a charter school, or an officer or employee of a charter school refuses to transfer school records as directed by the commissioner under subsection (b) of this section, the commissioner may ask the attorney general to petition a court for recovery of the records. If the court grants the petition, the court shall award attorney's fees and court costs to the state.19 Tex. Admin. Code § 100.1203
The provisions of this §100.1203 adopted to be effective April 18, 2002, 27 TexReg 3110; Amended by Texas Register, Volume 49, Number 39, September 27, 2024, TexReg 7893, eff. 10/2/2024