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A T T O R N E Y G E N E R A L O F T E X A SG R E G A B B O T T g j ~ 3 0i> fe m

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Mr. W. Montgomery Meitler - Page 2

submitted information is excepted from disclosure under sections 552.101, 552.116,and 552.122 of the Government Code. We have considered the exceptions you claim andreviewed the submitted representative sample of information,3 We have also consideredcomments submitted by the requestor. See Gov 't Code 552.304 (interested party maysubmit written com ments regardin g availability of requested inform ation).Initially, you state a portion of the responsive information was the subject of previo usrequests for information, as a result of which this office issued Open Records LetterNos. 2011 -07545 (2011) and 2011 -07686 (2011) . In those rulings , we determined the agencymay withho ld the inform ation at issue pursuant to section 552.116 of the Government Code.We have no indication there has been any change in the law, facts, or circumstances onwhich the prior ruling s were based. Acco rdingly, for the requested information that isidentical to the information previously requested and ruled upon by this office, we concludethe agency may rely on Open Records Letter Nos. 2 011 -07545 and 2011*07686 as previousdeterminations and withhol d the identical informatio n in accordance with those ruling s. SeeOpen Records Decision No. 673 (2001) (so long as law, facts, and circumstances on whichprior ruling was based have not changed , first type of previous de termination exists whererequested information is precisely same information as was addressed in prior attorneygeneral ruling, ruling is addressed to same governmental body, and ruling concludes thatinformation is or is not excepted from disclosure). We wi ll consider you r arguments for theremaining information.Section 552.116 of the Government Code provides as follows:

(a) An aud it working paper of an audit of the state auditor or the auditor of astate agency, an institu tion of higher education as defined by Section 61.003,Education Code, a county, a municipality,a school district, a hospital district,or a joint board operating under Section 22.074, Transportation Code,including any audit relating to the crim inal history background check of apublic school employee, is excepted from [required public disclosure]. Ifinformation in an audit working paper is also maintained in another record,that other record is not excepted from [public disclosure] by this section.(b) In this section:

(1) "Audit" means an audit authorized or required by a statute of thisstate or the United States, the charter or an ordinance of amunicipality, an order of the commissioners court of a county, thebylaws adopted by or other action of the governing bo ard of a hospital

3We assume that the "representative sample" of records su bmitted to this office is truly representativeof the requested records as a whole. Se e Open Records Decision Nos. 49 9 (1988), 497 (1988). This openrecords letter does no t reach, and therefore does no t authorize th e withholding of, any other requested recordsto the extent that those records contain substantially different types of information than that submitted to thisoffice.

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district, a resolution or other action of a board of trustees of a schooldistrict, including an audit by the district relating to the criminalhistory background check of a public school employee, or a resolutionor other action of a joint board described by Subsection (a) andincludes an investigation.(2) "Aud it working paper" includes all information, documentary orotherwise, prepared or maintained in conduc ting an audit or preparingan audit report, includ ing:

(A) intra-agency and interagency communications; and(B) drafts of the audit report or portions of those drafts.

Act of May 29, 2011, 82nd Leg., R.S., H.B. 2947, 1, 2 (to be codified as amendments toGov't Code 552.116(a) and (b)(l)). You state the subm itted information consists of "auditworking papers prepared or maintained by [the agency's] Student Assessment DivisionSecurity Task Force in conducting investigations of testing irregularities in the administrationof statewide assessment instruments." You inform us the investigations "were authorizedby section 39.057(a)(8) of the Education Code, which permits the [c]ommissioner of[education to authorize special accreditation investigations to be conducted in response toan allegation regarding or an analysis using a statistical method result indicating a possibleviolation of an assessm ent instrum ent security procedure." See Educ. Code 39.057 (listingcircumsta nces in which the commissioner of education shall authorize investigations). Basedon your representations and our review, we agree the inform ation at issue constitutes aud itworking papers under section 552.116. Thus, the agency may withhold the information atissue pursuant to section 552.116 of the Government Code.4In summ ary, with regard to the requested information that is identical to the inform ationpreviously requested and ruled upon by this office, we conclude the agency may rely on OpenRecords Letter Nos. 2011-075 45 and 2011-07686 as previous determ inations and withholdthe identical inform ation in accordance with that ruling. The agency m ay withh old theinformation at issue unde r section 552.11 6 of the Government Code.This letter rulin g is limited to the particular information at issue in this request and limitedto the facts as presented to us; therefore, this ruling m ust not be relied upon as a previousdetermination regarding any other information or any other circumstances.This ruling triggers important deadlines regarding the rights and responsibilities of thegovernmental body and of the requestor. For more in form ation concerning those rights andresponsibilities, please vis it our website at http://www.oag.state.tx.us/operi/index_orl.php.

our ruling is dispositive, we need not address your remaining arguments.

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or call the Office of the Attorney General's Open Government Hotline, toll free,at (877) 673-6839. Questions concerning the allowable charges for providing pub licinformation under the Act m ust be directed to the Cost Rules A dministrator of the Office ofthe Attorney General, toll free at (888) 672-6787.Sincerely,

Tamara H. HollandAssistant Attorney GeneralOpen Records DivisionTHH/bsRef: ID# 424343Enc. Subm itted documentsc: Requestor(w/o enclosures)