2008
10.31

On June 25, 2008 I made a public information request to review the settlement agreement between the LTISD and the parents of a student in the district.

Susan Bohn responded on July 2, 2008 saying that the document was protected under the Family Education Rights and Privacy Act (FERPA).

Not so fast there speedy!

The document is protected by FERPA as far as it names the student and the parents, but otherwise any settlement agreement by a government agency is public, hence subject to the Texas Public Information Act (TPIA).

Why doesn’t the LTISD want to make known the terms of this agreement?

Could it be that they don’t want you to know that they do settle issues with parents without senseless law suites?

Or could be something else …?

I hardly think it is for the protection of the student or his/her parents. Just ask Susan Tolles, she was just one district official guilty of violating a student’s confidentiality.

Following my attorney’s letter to remediate Susan Bohn as to the role of both FERPA and the TPIA, we get a letter from the venerable Chris Gilbert of Bracewell and Giuliani. Remember, Chris is that super-duper lawyer who argued and lost the district’s senseless and pathetic lawsuit against my family. In fact it was Chris who mentioned that amateur radio operators would be exercising their rights to public information under the newly revised public information statutes.

I guess that the district decided to waste more tax payer money using an outside lawyer to fight this since they have such high confidence in Susan Bohn? I mean she has such an illustrious history as the district’s “General Counsel.”

Can we hear the sound of the toilet flushing more of our tax dollars down the drain?

LTISD flusing your tax dollars down the drain.

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Well, the LTISD finally gave up the document, redacted according to FERPA?

Yeah, right! The district suffered from another one of ‘Bohn’s Blunders.’ The district neglected to redact the student’s name from the document!

So much for Susan Bohn’s FERPA claims. Oh, well, what else can we expect, another eminent domain fiasco?

I will not post the unredacted document since the district has apparently violated confidentiality again.

Imagine my amusement at the following text contained in the settlement agreement:

“INVOLVEMENT OF THIRD PARTIES. PETITIONER agrees that neither Melissa Lovelace nor David Lovelace, or any individual working under the direction of either Melissa Lovelace or David Lovelace, will be involved in the implementation of this Agreement or any meetings, correspondence, collaboration. or decisions regarding PETITIONER’S education and/or discipline.”

Now we know why the district did not want me to see this settlement agreement!

Just why is the district write such a clause in any agreement?

What is their concern?

Why do they feel that they have to name me and my wife in such a transaction?

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