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The best protection of the Texas Public Information Act is enforcement of the Texas Public Information Act. 

- Dianna Pharr

 

 


 
Community Update # 5
 

From: S Bushart
Sent: Saturday, February 11, 2006 6:22 PM
Subject: Community Update #5
 

Dear Eanes friends,

Columbine and other public school tragedies across the nation have resulted in an increased public awareness and interest in the safety of our schoolchildren as to both violence and allegations of sexual misconduct.

We at Eanes are very fortunate to have the nationally recognized Safe Homes Program which addresses safety issues relating to the dangers of drug and alcohol abuse affecting our teens.

Additionally, Senator Rodney Ellis passed legislation (Senate Bill 1724*) in 1999 which gives Texas parents not only information on the safety of our schools but also provides opportunities for parental input regarding violence prevention efforts. The safety reports are to include "the number, rate, and type of violent and criminal incidents occurring on each campus."

Unfortunately, rather than comply with SB 1724 and produce the required safety reports, Eanes has instead recently chosen to purchase and install "RaptorWare," a program which is supposed to protect our students against registered sex offenders attempting to access school property.**

It's bad enough that Eanes is out of compliance with SB 1724.

But Raptor doesn't work. How do we know this? Eanes' administration has not volunteered this information to our community. We only know that Raptor is ineffective because a respected member of the community--a judge***--shared the news at the October 25, 2005 Eanes ISD school board meeting: Raptor "caught" him, confusing him with a registered sex offender in another state. As he told the board, "You are using a system that doesn't work." As the judge further stated, "You have no right to put me, or any parent, through a mistaken allegation like this regardless of your good intentions."

Many of us are concerned that if Raptor's software contains sufficient glitches that it would accidentally and wrongly name a sitting judge, how many sex offenders is it accidentally and wrongly letting into our schools?

Also troubling is the fact  Eanes' paid lobbyist and former school board president Brad Shields, is also a paid lobbyist for RaptorWare. 

Finally, I'd like to express my gratitude to fellow mom Dianna Pharr. I'm enclosing below her correspondence with Eanes in the form of several public records requests--yes, those same public records requests you've heard so much about--and with the Texas Education Agency. It took several requests over seven months to establish that Eanes was out of compliance with SB 1724.

Wishing all the best for our children, our parents, our teachers and our taxpayers,

Susan Bushart

_____________________

*     Senate Bill 1724  http://www.senate.state.tx.us/75r/senate/members/dist13/pr99/p042299b.htm

**   RaptorWare http://files.eanes.k12.tx.us/supt/Press releases/raptor.pdf

*** RaptorWare software concerns http://www.noelke.org/eanes/boardaudio/102605/noelke_org_eanes_isd_102605_2.MP3

============================================================================


Friends, as you read through the following, please keep in mind that according to the Texas Public Information Act you can't ask for a yes/no or informational answer to a question; you can only ask for a public record.

First request to Eanes

From: Dianna Pharr
Sent: Monday, March 28, 2005 2:55 PM
To: 'openrecords@eanes.k12.tx.us'
Cc: 'nwellman@eanes.k12.tx.us; 'trustees@eanes.k12.tx.us; 'clint@sayersassociates.com
Subject: TPIA request

Please allow me to observe any and all public information for the past three years that shows or reflects:

1. PEIMS 425 discipline data record including but not limited to action/reason report by campus

2. Report required by Senate Bill 1724 including but not limited to District Performance Report required in Chapter 39 of the Texas Education Code including but not limited to AEIS report (reported crime and violent behavior) district and campus report

Second request to Eanes (four weeks later)

From: Dianna Pharr
Sent: Sunday, April 24, 2005 2:23 PM
To: 'openrecords@eanes.k12.tx.us
Cc: 'nwellman@eanes.k12.tx.us
Subject: ORR 1050

Elizabeth,

When we met on April 18, 2004, you agreed to email the documents that you allowed me to observe that were responsive to ORR 1050. You also agreed to search further because there was no report provided as required by Senate Bill 1724 (see 2. below). I have not received the records electronically. I have also not received information from you regarding the required report.

First response from Eanes

From: Elizabeth Anderson [mailto:eanderso@eanes.k12.tx.us]
Sent: Monday, April 25, 2005 3:09 PM
To: Dianna Pharr
Subject: AEIS/Discipline

Attached are the two files that show the documents you reviewed last week

Third request to Eanes

....Please also respond to the portion of my April 24, 2005 email regarding the report required by Senate Bill 1724....Again, I did not receive documents responsive to that portion of my public information request.

Thank you,

Dianna Pharr

Second response from Eanes (first indication that no Eanes SB 1724 safety reports have been produced)

From: OpenRecords@eanes.k12.tx.us [mailto:OpenRecords@eanes.k12.tx.us]
Sent: Thursday, April 28, 2005 11:34 AM
To: Dianna Pharr
Subject: Re: ORR 1050

Ms. Pharr
All responsive documents were provided to you. I do not have any other documents for you in regards to this request.

Elizabeth

First letter expressing concern regarding no safety reports to Eanes superintendent

From: Dianna Pharr
Sent: Thursday, April 28, 2005 12:33 PM
To: 'nwellman@eanes.k12.tx.us
Subject: ... Senate Bill 1724

It appears that EISD may be out of compliance with Senate Bill 1724. The documents released to me in response to my TPIA request did not include a report required by Senate Bill 1724. I would appreciate addressing this informally with you rather than through the GF board policy.

Thank you,

Dianna Pharr

Second letter expressing concern to Eanes superintendent

From: Dianna Pharr
Sent: Wednesday, May 04, 2005 6:24 PM
To: 'nwellman@eanes.k12.tx.us'
Subject: FW: ... Senate Bill 1724

April 28, 2005

Nola,  You have indicated in the past that you like to work informally, and yet, I have not received a response to my message.  I would prefer not to address this issue through GF board policy and hope that you will let me know if this report exists. Thank you, Dianna

First letter to Texas Education Agency seeking safety reports (after no response from Eanes for 7 months)

From: Dianna Pharr
Sent: Monday, October 31, 2005 3:33 PM
To: 'joan.stewart@tea.state.tx.us'
Subject: Senate Bill 1724

Joan,

Is Eanes ISD required to submit a report to TEA or any other agency as Senate Bill 1724 states? If TEA has reports that show compliance by Eanes ISD with Senate Bill 1724, may I please observe those documents? Nola Wellman did not reply to my May 4, 2005 email.

Dianna

First response from Texas Education Agency

From: Stewart, Joan [mailto:Joan.Stewart@tea.state.tx.us]
Sent: Monday, October 31, 2005 4:18 PM
To: Dianna Pharr
Subject: RE: Senate Bill 1724

Hello Dianna,

I will submit your e-mail as a public information act request.

Joan

First request to Commissioner Shirley Neeley

November 13, 2005

Commissioner Neeley,

TEA processed my question (see email dated October 31, 2005) as an open records request and response. I received a letter from TEA this weekend indicating that no responsive documents exist. Please accept this email as a public information request to view any and all documents that show or reflect Senate Bill 1724 compliance and/or noncompliance by any and/or all Texas school districts. Please also include documents that show or reflect any awareness, research, monitoring, consideration, and/or communication of any sort regarding Senate Bill 1724.

Thank you,

Dianna Pharr

Second response -- with information -- from Texas Education Agency

"Documents obtained from Texas Education Agency in response to Ms. Pharr's November 13, 2005 request are attached to this correspondence and include letters from Comptroller Strayhorn."

[According to TEA, Eanes ISD has not produced the safety reports and is out of compliance with SB 1724.]


 

 

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