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GBA Public Information Program: Access to Public Information

Contents

GBA (TSBVI) – PUBLIC INFORMATION ACT (PIA): ACCESS TO PUBLIC INFORMATION.. 1

SECTION I: RIGHT OF ACCESS TO PUBLIC INFORMATION

AVAILABILITY

Public information is available, at a minimum, to the public during the School’s normal business hours. Gov’t Code 552.021

INFORMATION THAT MUST BE DISCLOSED

The following categories of information are public information and not excepted from required disclosures unless made confidential under Government Code Chapter 552 (the Public Information Act – PIA) or other law:

  1. A completed report, audit, evaluation, or investigation made of, for, or by, the Board except as provided in Government Code 552.108.
  2. The name, sex, ethnicity, salary, title, and dates of employment of each employee and officer of the School.
  3. Information in any account, voucher, or contract relating to the receipt, or expenditure, of public funds.
  4. The names of each official and the final record of voting on all proceedings of the Board.
  5. All working papers, research material, and information used to estimate the need, or expenditure, of public funds or taxes by the Board, on completion of the estimate.
  6. A description of the School’s organization and where, from whom, and how the public may obtain information, submit information or requests, or obtain decisions.
  7. A statement of the general course and method by which the School’s functions are channeled and determined, including the nature and requirements of all formal and informal policies and procedures.
  8. A rule of procedure, descriptions of forms available or the places where forms may be obtained, and instructions relating to the scope and content of all papers, reports, or examinations.
  9. A substantive rule of general applicability adopted or issued by the Board, and a statement of general policy or interpretation of general applicability formulated and adopted by the Board.
  10. Any amendment, revision, or repeal of the information described in items 6-9.
  11. Final opinions and orders issued in adjudication of cases.
  12. A policy statement, or interpretation, adopted by the Board.
  13. Administrative manuals and instructions to staff that affect a member of the public.
  14. Information regarded as open to the public under the School’s policies.
  15. Information that is in a bill for attorney’s fees and that is not privileged under the attorney-client privilege.
  16. Information that is also contained in a public court record.
  17. A settlement agreement to which the Board is a party.

Gov’t Code 552.022

Contracting Information

Certain “contracting information,” as that term is defined in Government Code 552.003(7), is public and must be released unless excepted from disclosure under the Public Information Act (PIA). The exceptions to disclosure provided by Government Codes 552.110 (trade secrets) and 552.1101 (proprietary information) do not apply to certain types of contracting information. Gov’t Code 552.0222(a), (b)

Investment Information

Certain School investment information, as specified by Government Code 552.0225, is public information and not excepted from disclosure. Gov’t Code 552.0225

Security System Information

Financial information in the possession of the School that relates to the expenditure of funds by the School for a security system is public information that is not excepted from required disclosure under the Texas Public Information Act (PIA). Gov’t Code 418.182(b)

Body-Worn Camera

Except as set forth at Occupations Code Chapter 1701, Subchapter N, a recording from a body-worn camera that is or could be used as evidence in a criminal prosecution is subject to the requirements of the PIA.

However, a law enforcement agency may not release any portion of a recording made in a private space, or a recording involving the investigation of conduct that constitutes a misdemeanor punishable by fine only and does not result in arrest, without written authorization from the person who is the subject of that portion of the recording or, if the person is deceased, from the person’s authorized representative. Occupations Code 1701.661

Personal Information – Employee/Board Member

Each School employee and Board member, and each former employee and Board member, shall choose whether to allow public access to School-held information relating to the person’s home address, telephone numbers, emergency contact information, or social security number, or that reveals whether the person has family members. The School may not require an employee or former employee of the School to choose whether to allow public access to the employee’s or former employee’s social security number.

Employees and Board members and each former employee and Board member shall state that person’s choice to the School’s Human Resources Director in a signed writing not later than the 14th day after employment begins, or appointment to the Board occurs, or the former employee or Board member ends service with the School. If an employee or Board member or a former employee or Board member fails to state that person’s choice within 14 days, the information is subject to public access. An employee or Board member or former employee or Board member who wishes to close or open access to the information may request in writing that the Human Resources Director to close or open access. Exercising the option to close public access to protect personal information does not apply to an open records request made before the option was exercised.

Gov’t Code 552.024; Tex. Atty. Gen. ORD 530 (1989)

 Notice to Requestor

If an employee or Board member has opted to restrict public access to his or her personal information, the School may redact the personal information from any information the School discloses without the necessity of requesting a decision from the attorney general. Gov’t Code 552.024(c)

If the School redacts information under this provision, it shall provide the information required by Government Code 552.024(c-2) to the requestor on a form prescribed by the attorney general. The requestor is entitled to seek a decision from the attorney general about the matter. Gov’t Code 552.024(c-2)

SPECIAL RIGHTS OF ACCESS

Employees

An employee or an employee’s authorized representative has a special right of access, beyond the right of the general public, to information held by the School that relates to the employee and that is protected from public disclosure by laws intended to protect the employee’s privacy interests. [See Policy DBA] Gov’t Code 552.023

Board Members

When acting in the member’s official capacity, a Board member has an inherent right of access to information, documents, and records maintained by the School. “Official capacity” means all duties of office and includes administrative decisions or actions. [See Policy BBE] Education Code 11.1512; Atty. Gen. Op. JM-119 (1983)

INFORMATION TSBVI IS NOT REQUIRED TO RELEASE

Commercial Information

TSBVI is not required to allow the inspection of or provide a copy of information in a commercial book or publication purchased or acquired by the School for research purposes, if the book or publication is commercially available to the public. Although information in a book or publication may be made available to the public as resource material, such as a library book, TSBVI is not required to make a copy of the information in response to a request for public information. TSBVI shall allow the inspection of information in a book or publication that is made part of, incorporated into, or referred to in a rule or policy of TSBVI. Gov’t Code 552.027

Request for Information from Incarcerated Individual

TSBVI is not required to accept or comply with a request for information from an individual who is imprisoned or confined in a correctional facility or an agent of that individual, other than the individual’s attorney when the attorney is requesting information that is subject to disclosure under the PIA. This section does not prohibit TSBVI from disclosing to an incarcerated individual or the individual’s agent information that pertains to the individual. Gov’t Code 552.028

VOLUNTARY DISCLOSURE

The board or the officer for public information voluntarily may make part or all of its records available to the public, unless the disclosure is expressly prohibited by law or the records are confidential by

law. Gov’t Code 552.007

SECTION II: CONFIDENTIAL INFORMATION UNDER THE PUBLIC INFORMATION ACT (PIA) OR OTHER LAW

 

INFORMATION THAT MUST NOT BE DISCLOSED

A person commits a misdemeanor offense if the person distributes information considered confidential under the terms of the PIA. A violation of this section also constitutes official misconduct. Gov’t Code 552.352

Student Records

Information is confidential and excepted from required disclosure if it is information in a student record.

“Student record” means information that constitutes education records as that term is defined by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g(a)(4)) [see FL] and information in a record of an applicant for admission to an educational institution, including a transfer applicant.

TSBVI may disclose or provide information included in an education record as authorized by 20 U.S.C. Section 1232g or other federal law. [See Policy FL] In addition, a student record shall be made available upon request to TSBVI personnel, the student, the student’s parents, guardian, authorized agent of the parent, or spouse, or a person conducting a child abuse investigation required by Family Code Chapter 261, Subchapter D or Chapter 34.

Except as set forth in federal law (the Family Educational Rights and Privacy Act), TSBVI shall not release personally identifiable information in education records without the written consent of the student’s parents.

TSBVI may redact information that constitutes a student record from information disclosed under the PIA without requesting a decision from the attorney general.

If an applicant for admission to an educational institution funded wholly or partly by state revenue, or a parent or legal guardian of a minor applicant to such an educational institution, requests information in the record of the applicant, TSBVI shall disclose any information that is related to the application for admission and was provided to the School by the applicant.

Gov’t Code 552.026, .114 [See Policy FL]

Employee Social Security Numbers

The social security number of an employee of TSBVI in the custody of the School is confidential. Gov’t Code 552.147(a-1)

Evaluations

A document evaluating the performance of a teacher or administrator is confidential and is not subject to disclosure under the PIA.

At the request of a school district, open-enrollment charter school, or private school at which an administrator has applied for employment, TSBVI shall give the requesting district or school a document evaluating the performance of a teacher or administrator employed by the School.

TSBVI shall give the Texas Education Agency (TEA) a document evaluating the performance of a teacher or administrator employed by the School for purposes of an investigation conducted by TEA.

Education Code 21.355(a), (c), (d)

Educator Certification Exam

The results of an educator certification examination are confidential and are not subject to disclosure, unless the disclosure is regarding notification to a parent of the assignment of an uncertified teacher to a classroom as required by Education Code 21.057. Education Code 21.048(c-1)

Credit Card, Debit Card, Charge Card, and Access Device Numbers

A credit card, debit card, charge card, or access device number that is collected, assembled, or maintained by or for TSBVI is confidential.

“Access device” means a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another device may be used to:

  1. Obtain money, goods, services, or another thing of value; or
  2. Initiate a transfer of funds other than a transfer originated solely by paper instrument.

TSBVI may redact credit card, debit card, charge card, or access device numbers from any information the district discloses without the necessity of requesting a decision from the attorney general. TSBVI shall provide the information required by Government Code 552.136 to the requestor on a form prescribed by the attorney general. The requestor is entitled to seek a decision from the attorney general about the matter.

Gov’t Code 552.136

E-Mail Addresses

Confidential

An e-mail address of a member of the public that is provided for the purpose of communicating electronically with the School is confidential and not subject to disclosure unless the member of the public affirmatively consents to its release.

Exceptions

This confidentiality does not apply to an e-mail address:

  1. Provided to TSBVI by a person who has a contractual relationship with TSBVI or by the contractor’s agent;
  2. Provided to the TSBVI by a vendor who seeks to contract with TSBVI or by the vendor’s agent;
  3. Contained in a response to a request for bids or proposals, contained in a response to similar invitations soliciting offers or information relating to a potential contract, or provided to TSBVI in the course of negotiating the terms of a contract or potential contract;
  4. Provided to TSBVI on a letterhead, coversheet, printed document, or other document made available to the public; or.
  5. Provided to TSBVI for the purpose of receiving orders or decisions from TSBVI, or for the purpose of providing public comment on or receiving notices relayed to an application for a license. A “license” under this section includes a state agency permit, certificate, approval, registration, or similar form of permission required by law.

The School TSBVI may also disclose an e-mail address for any reason to another governmental body or to a federal agency.

Gov’t Code 552.137, 2001.003(2)

Victim of Abuse or Improper Relationship

The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Penal Code 21.12(a) may not be released to the public and is not public information subject to disclosure. Penal Code 21.12(d)

The name of a student or minor who is the victim of abuse or unlawful conduct by an educator is not public information subject to disclosure. Education Code 21.006(h)

Employee Accused of Improper Relationship Between Educator and Student

A primary or secondary school may not release externally to the general public the name of an employee who is accused of committing an offense under Penal Code 21.12 (improper relationship between educator and student) until the employee is indicted for the offense. The School may release the name of the accused employee regardless of whether the employee has been indicted for the offense as necessary for the School to:

  1. Report the accusation:
    1. To TEA, another state agency, or local law enforcement or as otherwise required by law; or
    2. To the School’s community in accordance with the School’s policies or procedures; or
  2. Conduct an investigation of the accusation.

Penal Code 21.12(d-1)

Crime Victims

Information relating to a participant in the Address Confidentiality Program for Victims of Family Violence, Sexual Assault or Abuse, Stalking, or Trafficking of Persons under Code of Criminal Procedure Chapter 56, Subchapter C is confidential, except as provided by Code of Criminal Procedure58.061, and may not be disclosed under the PIA. Code of Criminal Procedure 58.060

A TSBVI employee who is a victim under the Crime Victim Compensation Act may elect whether to allow public access to information held by TSBVI that would identify or tend to identify the victim, including a photograph or other visual representation of the victim. The election must be made in writing on a form developed by TSBVI, signed by the employee, and filed with TSBVI before the third anniversary of the latest to occur of one of the following:

  1. The date the crime was committed;
  2. The date employment begins; or
  3. The date the governmental body develops the form and provides it to employees.

If the employee fails to make an election, the identifying information is excepted from disclosure until the third anniversary of the date the crime was committed. In case of disability, impairment, or other incapacity of the employee, the election may be made by the guardian of the employee or former employee.

Gov’t Code 552.132

Location or Layout of Shelter Centers

Information that relates to the location or physical layout of a family violence shelter center or victims of trafficking shelter center is confidential. Gov’t Code 552.138(b-1)

Criminal History Records

Information collected to comply with Education Code Chapter 22, Subchapter C (criminal records), including the person’s name, address, phone number, social security number, driver’s license number, other identification number, and fingerprint records, is confidential and may not be released except to comply with Subchapter C, by court order, or with the consent of the person who is the subject of the information. Education Code 22.08391

Criminal history record information obtained by TSBVI from the Texas Department of Public Safety may not be disclosed to any person except:

  1. The person who is the subject of the information;
  2. The Texas Education Agency;
  3. The State Board for Educator Certification;
  4. The chief personnel officer of the transportation company if the information was obtained under Government Code 411.097(a)(2) with respect to a transportation company that contracts with to provide student transportation;
  5. By court order.

Gov’t Code 411.097(d)(2) [See Policy CJA, DBAA, and DHB]

Sensitive Crime Scene Image

A sensitive crime scene image in the custody of TSBVI is confidential and excepted from the requirements of the PIA, regardless of the date that the image was taken or recorded.

“Sensitive crime scene image” means a photograph or video recording taken at a crime scene, contained in or part of a closed criminal case, that depicts a deceased person in a state of dismemberment, decapitation, or similar mutilation or that depicts the deceased person’s genitalia. TSBVI may not permit a person to view or copy the image except as provided by Government Code 552.1085.

Gov’t Code 552.1085(a)(6), (c)

School Marshal Identity

The identity of a school marshal appointed under Education Code 37.0811 is confidential except as provided by Occupations Code 1701.260(j). If a parent or guardian of a student enrolled at a school inquires in writing, TSBVI shall provide the parent or guardian written notice indicating whether any employee of the school is currently appointed a school marshal. The notice must not disclose the identity of the school marshal. Education Code 37.0811(g), (h)

Closed Meeting Recording/Certified Agenda

The certified agenda or tape recording of a closed meeting is available for public inspection only under a court order issued in litigation in a district court involving an alleged violation of the Open Meetings Act. Gov’t Code 551.104(c); Atty. Gen. ORD 684 (2009)

Security Information

Except as provided by the Texas Homeland Security Act, Government Code 418.182, information, including access codes and passwords, in the possession of a district that relates to the specifications, operating procedures, or location of a security system used to protect public or private property from an act of terrorism or related criminal activity is confidential. Gov’t Code 418.182(a)

The following information is confidential under Subchapter C of the PIA:

  1. A computer network vulnerability report;
  2. Any other assessment to the extent to which data processing operations, a computer, a computer program, network, system, or system interface, or software of TSBVI or of a contractor of the School is vulnerable to unauthorized access or harm, including an assessment of the extent to which TSBVI’s or contractor’s electronically stored information containing sensitive or critical information is vulnerable to alteration, damage, erasure, or inappropriate use;
  3. A photocopy or other copy of an identification badge issued to an official or employee of TSBVI; and
  4. Information directly arising from a governmental body’s routine efforts to prevent, detect, investigate, or mitigate a computer security incident, including information contained in or derived from an information security log. This does not affect the notification requirements related to a breach of system security as defined by Business and Commerce Code 521.053. [See Policy CQ]

TSBVI may disclose the information to a bidder if the School determines that providing the information is necessary for the bidder to provide an accurate bid. Such a disclosure is not a voluntary disclosure for purposes of Government Code 552.007.

Gov’t Code 552.139(b), (c)

Military Discharge Records

A military veteran’s Department of Defense Form DD-214 or other military discharge record that first comes into the possession of TSBVI on or after September 1, 2003, is confidential for the 75 years following the date it comes into the possession of TSBVI. TSBVI shall limit the use and disclosure of this information to the purpose for which the information was obtained. Gov’t Code 552.140; Atty. Gen. ORD 684 (2009)

Retirement Eligibility Records

Records, including any identifying information, of individual members, annuitants, retirees, beneficiaries, alternate payees, program participants, or persons eligible for benefits from ERS or another retirement system, are confidential and not subject to public disclosure. This provision applies to records in the custody of TSBVI acting in cooperation with or on behalf of the retirement system. When TSBVI is acting in cooperation with or on behalf of the retirement system, TSBVI is not required to accept or comply with a request for a record or information about a record or to seek an opinion from the attorney general.

For purposes of Government Code 825.507, “participant” means a member, former member, retiree, annuitant, beneficiary, or alternate payee of the retirement system, or an employee or contractor of an employer covered by the retirement system for whom records were received by the retirement system for the purpose of administering the terms of the plan, including for audit or investigative purposes.

Gov’t Code 552.0038, 825.507(g)

Peace/Security Officer Information

TSBVI information related to the home address, home telephone number, emergency contact information, date of birth, or social security number of a peace officer or commissioned security officer, or information that reveals whether the officer has family members, is confidential and may not be released if the officer chooses to restrict public access to the information by notifying TSBVI on a form provided by the School with evidence of the individual’s status.

In accordance with Government Code 552.1185(h), TSBVI may redact information that must be withheld under this section from any section TSBVI discloses under the PIA without the necessity of requesting a decision from the attorney general. If TSBVI redacts information under this provision, it shall provide the information required by Government Code 552.024(c-2) to the requestor on a form prescribed by the attorney general. The requestor is entitled to seek a decision from the attorney general about the matter.

Gov’t Code 552.1175

Cybersecurity Information

A cyber threat indicator or defensiveness measure shared by or with a state, tribal, or local government under 6 U.S.C. 1503 shall be deemed voluntarily shared information and exempt from disclosure under any state or local freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring disclosure of information or records. 6 U.S.C. 1503(d)(4)(B)

A cyber threat indicator or defensive measure shared with the federal government under Title 6, United States Code, shall be:

  1. Deemed voluntarily shared information and exempt from disclosure under federal public information law and any state or local provision of law requiring disclosure of information or records; and
  2. Withheld, without discretion, from the public under federal public information law and any state or local provision of law requiring disclosure of information or records.

6 U.S.C. 1504(d)(3) [See Policy CQB]

Protected Health Information

An individual’s protected health information as defined by Health and Safety Code 181.006 is not public information and is not subject to disclosure under the PIA. Gov’t Code 552.002(d)

Out-of-State Health-Care Provider Information

Information obtained by a TSBVI that was provided by an out-of- state health-care provider in connection with a quality management, peer review, or best practices program that the out-of-state health-care provider pays for is confidential and excepted from the requirements of the PIA. Gov’t Code 552.159

Applicant for Disaster Recovery Funds

The following information maintained by TSBVI is confidential:

  1. The name, social security number, house number, street name, and telephone number of an individual or household that applies for state or federal disaster recovery funds;
  2. The name, tax identification number, address, and telephone number of a business entity or an owner of a business entity that applies for state or federal disaster recovery funds; and
  3. Any other information the disclosure of which would identify or tend to identify a person or household that applies for state or federal disaster recovery funds.

The street name and census block group of and the amount of disaster recovery funds awarded to a person or household are not confidential after the date on which disaster recovery funds are awarded to the person or household.

Gov’t Code 552.160

SECTION III: INFORMATION EXCEPTED FROM DISCLOSURE UNDER SUBCHAPTER C OF THE PUBLIC INFORMATION ACT

 

INFORMATION EXCEPTED FROM PUBLIC DISCLOSURE

Except for social security numbers or as otherwise provided by law, information that is not confidential, but is excepted from required disclosure under Government Code 552.101-151, is public information and is available to the public on or after the 75th anniversary of the date the information was originally created or received by TSBVI. This paragraph does not limit the authority of TSBVI to establish retention periods for records under applicable law. Gov’t Code 552.0215

Confidential by Law

Information is excepted from public disclosure if it is information considered to be confidential by law, either constitutional, statutory, or by judicial decision. Gov’t Code 552.101

Certain Personnel File Information

Information is excepted from public disclosure if it is information in a personnel file, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, and transcripts from institutions of higher education maintained in files of professional employees; however, the degree obtained and the curriculum on the transcripts shall be subject to disclosure. Gov’t Code 552.102

Disclosure of employee birth dates would constitute a clearly unwarranted invasion of personal privacy, and such dates are excepted from disclosure under Government Code 552.102(a), if the employees’ privacy interests substantially outweigh the public interest in the information. Texas Comptroller of Public Accts. v. Atty. Gen’l of Texas, 354 S.W.3d 336 (Tex. 2010) (holding that a newspaper’s stated reason for requesting state employees’ dates of birth did not outweigh employees’ privacy rights)

Information is excepted from public disclosure if it is information in the custody of TSBVI that relates to an employee or officer of the School if, under the specific circumstances pertaining to the employee or officer, disclosure of the information would subject the employee or officer to a substantial threat of physical harm. Gov’t Code 552.152

Information Relating to Litigation

Information is excepted from public disclosure if it is information relating to litigation of a civil or criminal nature to which TSBVI is, or may be, a party or to which an officer or employee of the School, as a consequence of the office or employment, is or may be a party, but only if the litigation is pending or reasonably anticipated at the time the School’s public information officer receives the request. Gov’t Code 552.103

Information Related to Competition or Bidding

Information is excepted from public disclosure if TSBVI demonstrates that the release of the information would harm its interests by providing an advantage to competitors, or bidders in a (particular ongoing competitive situation where TSBVI establishes the situation at issue is set to reoccur or there is a specific and demonstrable intent to enter into the competitive situation again in the future.

Parades, Concerts, and Entertainment Events

Information relating to the receipt or expenditure of public money or other funds by TSBVI for a parade, concert or other entertainment event paid for in whole or part with public funds is not excepted from public disclosure. A person, including TSBVI may not include a provision in a contract related to an event that prohibits or would otherwise prevent the disclosure of this information. A contract provision that violates Government Code 552.104(c) is void.

Gov’t Code 552.104(a),(c)

Certain Information on Real or Personal Property

Information is excepted from public disclosure if it is information relating to the location of real or personal property for public purpose prior to the public announcement of the project, or information pertaining to appraisals, or purchase price of real or personal, property for a public purpose prior to the formal award of contracts for the property. Gov’t Code 552.105

Drafts Involving Legislation

A draft or working paper involved in the preparation of proposed legislation is excepted from public disclosure. Gov’t Code 552.106

Attorney-Client Information

Information is excepted from public disclosure if it is information TSBVI’s attorney is prohibited from disclosing because of a duty to the School under the Texas Rules of Evidence or the Texas Disciplinary Rules of Professional Conduct or information that a court order has prohibited from disclosure. Gov’t Code 552.107

Certain Information from Law Enforcement

Under certain circumstances, information (except basic information about an arrested person, an arrest, or a crime) held by a law enforcement agency or prosecutor is excepted from public disclosure if it is:

  1. Information that deals with detection, investigation, or prosecution of crime; and
  2. An internal record or notation that is maintained for internal use in matters relating to law enforcement or prosecution

Gov’t Code 552.108

Criminal history record information obtained by TSBVI from the Texas Department of Public Safety or other law enforcement is excepted from public disclosure. Gov’t Code 411.097(d)(2)

Trade Secrets

Except as provided by Government Code 552.0222 (disclosure of contracting information), information is excepted from public disclosure if it is demonstrated based on specific factual evidence that the information is a “trade secret,” as that term is defined by Government Code 52.110(a). Gov’t Code 552.110(b)

Certain Commercial and Financial Information

Except as provided by Government Code 552.0222 (disclosure of contracting in formation), commercial or financial information for which it is demonstrated based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained is excepted from public disclosure. Gov’t Code 552.110(c)

Proprietary Information

Except as provided by Government Code 552.0222 (disclosure of contracting information), information submitted to TSBVI by a vendor, contractor, potential vendor, or potential contractor in response to a request for a bid, proposal, or qualification is excepted from public disclosure if the vendor, contractor, potential vendor, or potential contractor demonstrates the information is proprietary information under Government Code 552.1101. Gov’t Code 552.1101

Certain Memoranda

Interagency or intra-agency memoranda or letters that would not be available by law to a party in litigation with TSBVI is excepted from public disclosure. Gov’t Code 552.111; City of Garland v. Dallas Morning News, 22 S.W.3d 351 (Tex. 2000) (concluding that the deliberative process privilege, incorporated into the exception found at Government Code 552.111, exempts communications related to a governmental agency’s policymaking)

Audit Working Papers

An audit working paper of an audit of TSBVI’s auditor, including any audit relating to the criminal history background check of a school employee, is excepted from public disclosure. If the information in an audit working paper is also maintained in another record, that other record is not exempted. Gov’t Code 552.116

Board Member and Employee Personal Information

Information is excepted from public disclosure if it is information that relates to the home address, home telephone number, emergency contact information, or social security number of the following persons, or that reveals whether the person has family members:

  1. A current or former TSBVI employee or board member, except as provided by Government Code 552.024 [see Personal Information, above]; or
  2. A current or honorably retired peace officer or a current or honorably retired commissioned security officer.

See Government Code 552.117(a) for the complete list of persons whose personal information is excepted from public disclosure.

Gov’t Code 552.117

Photograph of Peace Officer

A photograph that depicts a peace officer, the release of which would endanger the life or physical safety of the officer, is excepted from public disclosure unless:

  1. The officer is under indictment or charged with an offense by information;
  2. The officer is a party in a fire or police civil service hearing or a case in arbitration; or
  3. The photograph is introduced as evidence in a judicial proceeding.

If a photograph is exempt from public disclosure as described above, it may be made public only if the officer gives written consent.

Gov’t Code 552.119

Testing Items

A test item developed by TSBVI or a state-funded educational institution is excepted from public disclosure. Gov’t Code 552.122

Certified Agenda and Closed Session Minutes

The certified agenda or tape recording of a closed meeting, unless a court order makes it available for public inspection and copying, is excepted from public disclosure. Gov’t Code 551.104(c)

Certain Library Records

A record of a library or library system that identifies or serves to identify, a person who requested, obtained, or used a library material or service is excepted from public disclosure, unless the record is disclosed:

  1. Because the library determines that disclosure is reasonably necessary for the operation of the library and the records are not confidential under other states, or federal, law;
  2. To a person with a special right of access under Government Code 522.023; or
  3. To a law enforcement agency or a prosecutor under a court order or subpoena.

Gov’t Code 552.124

Superintendent Applicants

The name of an applicant for Superintendent is excepted from public disclosure, except the Board must give public notice of the name or names of the finalists being considered for the position at least 21 days before the date of the meeting at which final action or a vote is to be taken on the applicant’s employment. Gov’t Code 552.126 (See Policy BJB)

Certain Motor Vehicle and Personal Identification Information

Information is excepted from public disclosure if the information relates to:

  1. A motor vehicle operator’s or driver’s license or permit issued by an agency of this state or another state or country;
  2. A motor vehicle title or registration issued by an agency of this state or another state or country; or
  3. A personal identification document issued by an agency of this state, another state or country, or a local agency authorized to issue an identification document.

The motor vehicle information described above may be released only in accordance with Transportation Code Chapter 730.

Subject to Transportation Code Chapter 730 (the Motor Vehicle Records Disclosure Act), TSBVI may redact motor vehicle or driver license information under this provision from any information the School discloses without the necessity of requesting a decision from the attorney general. TSBVI shall provide the information specified at Government Code 552.130 to the requestor on a form prescribed by the attorney general. The requestor is entitled to seek a decision from the attorney general about the matter.

Gov’t Code 552.130; Atty. Gen. ORD 684 (2009)

INDIVIDUALS WHO INFORM OF VIOLATIONS OF LAW

An informer’s name or information that would substantially reveal the identity of an informer is excepted from public disclosure, unless:

  1. The informer consents. If the informer is a student or former student, consent may also be given by the informer’s legal guardian or spouse; or
  2. The informer planned, initiated, or participated in the possible violation.

“Informer” means a student or former student or an employee or former employee of TSBVI who has furnished a report of another person’s possible violation of criminal, civil, or regulatory law to the School or the proper regulatory enforcement authority.

The informer’s name may be made available to a law enforcement agency or prosecutor for official purposes upon proper request, made in compliance with applicable law and procedure. However, this exception does not impair the confidentiality of information considered to be confidential by law, including information excepted from disclosure under the PIA.

Gov’t Code 552.135

Economic Development Negotiations

Information is excepted from public disclosure if it is information that relates to economic development negotiations involving the Board and a business prospect that the Board seeks to have locate, stay, or expand in or near the School, and the information relates to:

1. A trade secret of the business prospect; or

2. Commercial or financial information for which it is demonstrated based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained.

Gov’t Code 552.131(a)

Unless and until an agreement is made with the business prospect, information about a financial or other incentive being offered to a business prospect by the Board or by another person is excepted from public disclosure.

After an agreement is made, information about a financial or other incentive being offered is no longer exempted from public disclosure if the information is about a financial or other incentive being offered to the business prospect:

  1. By the Board; or
  2. By another person, if the financial or other incentive may directly or indirectly result in the expenditure of public funds by TSBVI or a reduction in revenue received by the School from any source.

Gov’t Code 552.131(b), (c)

Computer Network Security

Information is excepted from public disclosure if it is information that relates to computer network security, to network security information that is restricted under Government Code 2059.055, or to the design, operation, or defense of a computer network. [See Security Information, above] Gov’t Code 552.139(a)

Social Security Numbers

The Social Security number of a living person is excepted from public disclosure. The social security number of a living person other than a School employee is not confidential, however. TSBVI may redact the Social Security number of a living person from any information the School discloses to the public without the necessity of requesting a decision from the attorney general. Gov’t Code 552.147

Crime Victim

Information that would identify or tend to identify a School employee who is also a crime victim under Code of Criminal Procedure, Chapter 56, Subchapter B, regardless of whether the employee chooses to restrict public access to the information, is excepted from public disclosure until the third anniversary of the date the crime was committed. Gov’t Code 132

Information is confidential and excepted from public disclosure if the information identifies an individual as a victim of any criminal offense if the victim was younger than 18 years of age when any element of the offense was committed. Information may be disclosed to any victim identified by the information, or to the parent or guardian of a victim who is identified by the information; to a law enforcement agency for investigative purposes; or in accordance with a court order requiring the disclosure. Gov’t Code 552.1315

Adopted: 5/8/81

Amended: 3/12/82, 10/25/85, 3/10/88, 9/27/90, 1/29/93, 11/18/94, 9/27/96, 1/24/02, 5/28/03, 5/25/04, 5/25/05, 1/26/07, 11/20/09, 6/1/18, 1/31/20, 2/18/22

Reviewed: 1/26/99