Did the Dog Eat Your Homework?

Student tip: 

Next time you need a good excuse, try this:  just tell the teacher that you "inadvertently misplaced" the homework and that you will turn it in "if you find it" sometime in the future.  If your teacher protests, refer her to the example set by Eanes ISD Superintendent Nola Wellman.  If it is a good enough excuse for the superintendent, it should work just as well for students.  Let me explain:

I participated in a closed session meeting with the Eanes ISD Board of Trustees and Superintendent Nola Wellman to address the district's illegal release of my young child's confidential education records including medical information. The Superintendent has a responsibility to protect board audiotapes and other confidential information.

However, when I asked for a copy of the audiotape of that meeting (taping required by state law) I was informed by Eanes ISD private attorney that (oops) the audiotape had been "inadvertently" misplaced. She also stated that Eanes ISD agreed to provide a copy "if they located the tape" sometime in the future.    

How does a superintendent LOSE an audiotape of an executive session of the board of trustees?

The Eanes ISD board and superintendent denied the complaint.  However, the U.S. Department of Education disagreed and found against Eanes ISD.  Is your child's confidential information safe with Eanes ISD?  Not in my opinion or experience.

Dianna Pharr

Dianna Pharr  11/12/2008  >>>

Nola,
Did Eanes ISD ever locate the audiotape of the closed board meeting regarding the release of my child's confidential
information?  We both participated in that meeting, as you may recall. You may also recall that Eanes ISD private attorney Ellen Spalding responded to my request to review that educational record by first asking for an OAG opinion to withhold the information and then, months later, informing me that the district had "inadvertently misplaced" the audiotape of that closed board meeting.

Did you find the audiotape or determine how it was "misplaced?"

Dianna Pharr

OpenRecords 11/19/2008 11:39 AM >>>

Dear Ms. Pharr,
The District has received your request for public information, and your request has been assigned TPIA Request No. 1836.

Sincerely,

Bernadette Gonzalez
Coordinator, Records and Legal
Services
Eanes Independent School District
OpenRecords@eanes.k12.tx.us
phone: 512.732.9003
fax: 512.732.9005

On Dec 1, 2008, at 10:48 AM, OpenRecords OpenRecords wrote:

Dear Ms. Pharr,

After a diligent search, I am writing to inform you that there is no responsive information.
 

Sincerely,

Bernadette Gonzalez
Coordinator, Records and Legal
Services
Eanes Independent School District
OpenRecords@eanes.k12.tx.us
phone: 512.732.9003
fax: 512.732.9005

---------- Forwarded message ----------
From: Dianna Pharr
Date: Mon, Dec 1, 2008 at 10:56 AM
Subject: Re: TPIA Request 1836 Tape
To: OpenRecords OpenRecords <OpenRecords@eanesisd.net>, nwellman@eanes.k12.tx.us

So, the audiotape of the closed session of the board meeting that included the executive session recording and my child's confidential information is still missing?

Ask Nola Wellman to provide any and all documents that show or reflect information regarding the loss of that tape (my child's education record) and a diligent search for the tape, then and now.

Dianna