The Texas Public Information Act
The recent release of teacher certification scores to television stations by the Texas Education Agency (TEA) took
many educators by surprise and brought attention to the Texas Public Information Act (TPIA). The 80th Legislature
addressed this matter of confidentiality through the passage of Senate Bill 9, which requires educator
certification scores from the first five test attempts to be kept private. It’s important to know that much of
your personnel file is considered public information under this act because you’re an employee of a public school
district.
What is the TPIA?
Found in Section 552 of the Texas Government Code, the TPIA states that anyone can make a public information
request of a governmental body, such as an independent school district. Submitting a written request to the school
district’s public information officer is all it takes to get information. The request does not need to include
special language or even mention
the TPIA.
Once a request is made, the school district, with a few exceptions, must comply by “promptly producing” the
information for inspection or duplication. The act defines “promptly” to mean “as soon as possible under the
circumstances; that is, within a reasonable time, without delay.” This is commonly interpreted to mean within 10
business days. Be aware that if you request copies that amount to 50 or more pages, the school district can charge
for the copying. (If the cost will exceed $40, the school district is required to send an estimate before
fulfilling the request.)
When a TPIA request is made, the school district cannot inquire as to why the information is being requested or
ask how it will be used. Further, if someone requests information pertaining to you in your capacity as a school
district employee, the district does not have to inform you before fulfilling the request. If a school district
questions the legality of a request or release of information, it has 10 business days to request that the Texas
Attorney General review the request and decide whether the information must be released.
How the TPIA affects public school employees
The Texas Public Information Act states
that it is the public policy of the state of Texas that
“each person is entitled . . . at all times to complete
information about the affairs of government and the
official acts of public officials and employees.” The Act
goes on to provide, with some specified exceptions, that
all “information that is collected, assembled, or
maintained under a law or ordinance or in connection with
the transaction of official business” either by or for a
governmental body is presumed to be public information and
must be made available to the public during normal
business hours.
Public school districts are subject to this act, and
school employees are directly affected by this act in three
ways. First, certain information about public employees is
available to any person who requests it. Second, much of
the information created by school employees may be
available for public inspection. Third, school employees have a right to obtain most documents
related to their employment or district practices.
Most information in an employee’s personnel file is
considered public information, including the employee’s
service record, certificates, salary, employment contract,
college transcripts (except the grades received), degrees,
sex, ethnicity, title and dates of employment. Only
information that falls within a specific exception written into the law or that would constitute a legally recognized unwarranted
invasion of personal privacy may not be disclosed to the
public. Private information includes things such as tax
forms and benefit elections, criminal history information,
medical information, and, recently, most certification testing information. For teachers and administrators,
this also includes any documents that evaluate performance. All information must be made available to the
individual employee, however.
The home address and telephone number of an employee are also available to the public,
unless the employee requests in writing that such
information not be disclosed. (Social Security numbers are
automatically private for living employees.)
If the information requested contains highly intimate or embarrassing acts, release of which
would be highly objectionable to a reasonable person, and if the information is not of legitimate
public concern, then the portion of the document containing such information may be withheld.
A school district may not withhold information simply because the creator expected the
information to remain private or because of an agreement to hold the information in confidence.
For example, a written statement that is offered to an administrator on the condition that the
author’s name not be revealed may not be withheld by the district simply because the author
requested or expected that the statement would remain confidential. The information in the
statement must meet the test described above to be withheld.
If a district believes that requested information may be withheld under this test, the district
must obtain an opinion from the Attorney General unless the Attorney General has previously ruled
on the information in question.
Documents and records created by school employees in
the course of their duties are generally considered public records, and many
are subject to disclosure under the act. The largest
exception to this general rule is for student records. Student records,
including any record that identifies or might identify particular
students, generally are available only to the student’s
parent or guardian, educational personnel with a
legitimate educational purpose, and the student. If the
information requested can be cleansed to prevent identification of individual
student information, then it may be
released. For instance, if the district receives a request
for the grades received by students in a particular class,
the district may not turn over the teacher’s grade book
because that would identify grades received by individual
students. The district may only release the information
requested if it can be released in a form that does
not reveal the individual identity of the students.
Lesson plans are sometimes subject to the act but may
only be released if they are general in nature. Lesson
plans that include actual or potential test items, or any
other information that could compromise the integrity of
the testing or evaluation process, may be withheld by the
district.
As the state says,
the citizens of Texas "do not give their public servants
the right to decide what is good for the people to know
and what is not good for them to know." Full and complete
information is the rule, rather than the exception.
___________________________
The legal information provided on this Web site is for general purposes only. It is not intended as a substitute for
individual legal advice or the provision of legal services. Accessing this information does not create an
attorney-client relationship. Individual legal situations vary greatly and readers should consult directly with an
attorney. Eligible ATPE members should contact the ATPE Member Legal Services Department using our
online system, MLSIS.
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