The Records Fight¶
Last updated: 2025-12-19 · Status: Awaiting AG rulings; DOE complaint pending
In 90 Seconds
- Kevin Bass filed requests for records under both Texas law (TPIA) and federal law (FERPA)
- TPIA (public records): TTUHSC delayed responses, charged excessive fees, and failed to comply with deadlines. The Texas Attorney General was engaged for oversight. Cost complaints are pending.
- FERPA (education records): TTUHSC offered only supervised in-person viewing with no copying. The responsive set contains ~2,000 records. Kevin Bass filed a complaint with the U.S. Department of Education.
- Both fights are ongoing as of December 2025
What Everyone Agrees Happened¶
TPIA (Public Records):
- Kevin Bass filed multiple TPIA requests starting October 2, 2025
- TTUHSC acknowledged receipt of the requests
- TTUHSC provided cost estimates for responding
- Kevin Bass sent preservation notices on October 6-7, 2025
- The matter was referred to the Texas Attorney General
FERPA (Education Records):
- Kevin Bass filed FERPA requests for his education records
- TTUHSC offered in-person inspection sessions
- The first session (December 12, 2025) was approximately 1 hour
- TTUHSC later offered additional sessions on December 29-31, 2025
- The responsive set contains approximately 2,000 records
- No copying was permitted during review sessions
- Kevin Bass filed a FERPA complaint with DOE on December 19, 2025
What's Disputed¶
TPIA:
- Whether TTUHSC's cost estimates are reasonable under Texas law
- Whether responses have been timely under TPIA requirements
- Whether all responsive records have been identified and preserved
FERPA:
- Whether the inspection conditions constitute effective access under FERPA
- Whether restricting copying is permissible under 34 C.F.R. § 99.10
- Whether the time offered is adequate for meaningful review of 2,000 records
What Would Resolve It¶
- TPIA: Timely production of requested records at reasonable cost; AG rulings on pending requests
- FERPA: Adequate time to review all records; copies as permitted by law; the § 99.32 disclosure log; an index of responsive records
Key Moments¶
| Date | What Happened | Evidence |
|---|---|---|
| 2025-10-02 | Initial TPIA requests filed | Thread 1 |
| 2025-10-02 | Initial FERPA request filed | Thread 4 |
| 2025-10-03 | Additional metadata requests filed | Thread 10 |
| 2025-10-06 | Preservation notice sent | DOC-20251006-001 |
| 2025-10-07 | Deficiency notice (non-acknowledgment) | DOC-20251007-002 |
| 2025-10-09 | AG referral filed | DOC-20251009-001 |
| 2025-10-20 | FERPA request to inspect & review | Thread 29 |
| 2025-11-03 | Cost estimate discussions | Thread 33 |
| 2025-11-17 | TTUHSC student record discussions | Thread 34 |
| 2025-11-26 | § 552.269 Cost Complaint filed | Thread 35 |
| 2025-12-01 | Request for AG ORD ruling | Thread 36 |
| 2025-12-12 | First in-person FERPA viewing (~1 hour) | Thread 34 |
| 2025-12-14 | FERPA request for hearing video | Thread 37 |
| 2025-12-19 | FERPA complaint filed with DOE SPPO | Thread 38 |
All Key Documents¶
TPIA (Public Records):
- Thread 1: TPIA Request — Proceedings — Initial comprehensive request
- Thread 10: Metadata Request — Request for communication metadata
- Preservation Notice (DOC-20251006-001) — Legal hold notice
- AG Referral (DOC-20251009-001) — Escalation to Attorney General
- Thread 35: § 552.269 Cost Complaint — Formal cost complaint to OAG
FERPA (Education Records):
- Thread 4: Initial FERPA Request — October 2, 2025 request
- Thread 29: FERPA Inspect & Review — Formal inspection request
- Thread 34: TTUHSC Student Record — Ongoing discussions
- Thread 37: FERPA Hearing Video Request — Request for December 2023 hearing video
- Thread 38: FERPA Complaint to DOE SPPO — Federal complaint filed
What I'm Asking For¶
- Production of all responsive TPIA records at reasonable cost
- AG rulings on pending requests and cost complaints
- Adequate time and copies of FERPA education records
- The § 99.32 disclosure log and an index of responsive records
Next: Requesting a Fair Hearing | Previous: How This Started | See also: TPIA & Records, Email Correspondence