| (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 Title 6, Subtitle C, Local Government Code, and 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
Title 6, Subtitle C, Local Government Code, or 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
that 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 §100.1051(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.
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