§ 21.355 — CONFIDENTIALITY.

Texas § 21.355

• Jurisdiction: Texas
• Code ED: Education Code

Text

Sec. 21.355. CONFIDENTIALITY. (a) A document evaluating the performance of a teacher or administrator is confidential and is not subject to disclosure under Chapter 552 , Government Code.
(b) Subsection (a) applies to a teacher or administrator employed by an open-enrollment charter school regardless of whether the teacher or administrator is certified under Subchapter B.
(c) At the request of a school district, open-enrollment charter school, or private school at which a teacher or administrator has applied for employment, a school district or an open-enrollment charter school shall give the requesting district or school a document evaluating the performance of a teacher or administrator employed by the school.
(d) A school district or open-enrollment charter school shall give the agency a document evaluating the performance of a teacher or administrator employed by the district or school for purposes of an investigation conducted by the agency.
(e) Notwithstanding Subsection (a) and except as otherwise provided by a court order prohibiting disclosure, a document provided to the agency under Subsection (d) may be used in a disciplinary proceeding against a teacher or administrator if the document may be admitted under rules of evidence applicable to a contested case, as provided by Section 2001.081 , Government Code.
(f) A document provided to the agency under Subsection (d) remains confidential unless the document becomes part of the record in a contested case under Chapter 2001 , Government Code.

Legislative History

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1305 (H.B. 2971 ), Sec. 1, eff. June 17, 2011. Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7 ), Sec. 14, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 986 (S.B. 1230 ), Sec. 5, eff. September 1, 2019.