May 12, 2008

Texas Office of the Attorney General

Open Records Division
PO Box 12548
Austin, TX 78711

I am filing this complaint on the Texas Department of State Health Services (hereinafter
referred to as “DSHS”) for not complying with my open records request.

I have requested all local school district survey results that DSHS produced as part of the
Texas School Survey on Substance Use (hereinafter referred to as the “Texas School
Survey”) for years 2002 through 2006. Israel Garza, the open records coordinator for DSHS,
stated the following reasons for not complying with my public information request:

 DSHS does not release the local survey results that they produced for each Texas
school district and only releases statewide results to the general public.

 The local survey results are used only for “incentive purposes” to encourage randomly
selected schools to participate in the Texas School Survey.

 The local school districts “own” the local survey results and must be obtained through
them. (See Exhibit A)

Currently, DSHS will only release the raw data collected from each local school district and
the regional and statewide survey results to the general public.

Cited from the FAQ page of the website for the Texas School Survey
(www.TexasSchoolSurvey.org), the following is the list of services and materials provided by
DSHS at no cost to each participating school district:
What do you get when you use the Texas School Survey?

Survey Administration Materials. All materials, including survey instruments and administration
instructions, will be shipped to your district.

Data Analysis. Participating districts receive the most detailed analysis currently available. The final
report consists of three parts:

Part I – Local Survey Results. Includes a series of General Substance Tables detailing the use of
tobacco, alcohol, illicit drugs, and inhalants among the local student population, and ones that illustrate
environmental and behavioral factors related to substance use. Also includes Prevalence Tables that
compare substance use by sex, ethnicity, academic performance, and other student characteristics.

Part II – State Results. Up-to-date comparative data from the most recent assessment of substance use
among the public school-age population in Texas. The results are presented in a format identical to that
found in the local report.

Part III – Executive Summary and Comparative. A brief Executive Summary of local results,
contrasted to statewide data, is presented for both elementary and secondary grade-level reports. Also
includes figures comparing local and state results that can easily be converted into overheads for use in
presentations. This overview, including graphics, is useful for press releases or presentation to school
 boards or community groups. (Note: the executive summary is an optional service for those districts that
are NOT a part of the statewide sample or in the Special Study Area along the US/Mexico border.)

Examples of survey instruments, administration instructions, and survey results are included in this
brochure packet.

How much will the survey cost?

Materials and standard analysis for The Texas School Survey are free for all districts in the state of
Texas during 2008. Cost information for additional optional services is included on the price list
illustrated on the Basic Participation Form. <http://www.texasschoolsurvey.org/FAQ/FAQ.asp>

Since DSHS funded and produced the local survey results, I believe that the local survey
results are also the property of the State of Texas; therefore, the ultimate responsibility for
recordkeeping and distribution of this public information resides with DSHS, not the local
school districts.

Furthermore, 81 school districts participated in the 2006 Texas School Survey (the most
recent completed survey). I believe obtaining the local survey results through each of these
school districts, rather than directly through the state agency that produced them, places an
unreasonable burden on the general public as far as time and estimated costs in the
thousands of dollars, as most school districts only have the local survey results in a paper
format and charge fees for copies and personnel time (See Exhibits B & C).

With existing technology and a little organization, there is no reason why DSHS cannot make
their local survey results for each year conveniently and cheaply available to the general
public in an electronic format, such as computer disk or internet, as they do the raw data and
regional and statewide results.

If you need further information from me to assist you in resolving this, please do not hesitate
to contact me.

Thank you.

Craig Johnson