GBA(LEGAL) -

Right of Access to Public Information

Availability

Information That Must Be Disclosed

  1. A completed report, audit, evaluation, or investigation made of, for, or by a 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 a district.
  3. Information in an account, voucher, or contract relating to the receipt or expenditure of public funds.
  4. The name of each official and the final record of voting on all proceedings of a board.
  5. All working papers, research material, and information used to estimate the need or expenditure of public funds or taxes by a board, on completion of the estimate.
  6. A description of a district's organization and where, from whom, and how the public may obtain information, submit information or requests, and obtain decisions.
  7. A statement of the general course and method by which a district's functions are channeled and determined, including the nature and requirements of all formal and informal policies and procedures.
  8. A rule of procedure, description 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 a 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 or issued by a board.
  13. Administrative manuals and instructions to staff that affect a member of the public.
  14. Information regarded as open to the public under a district'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 a board is a party.

Investment Information

Security System Information

Body-Worn Camera

Personal Information

Employee / Board Member

Notice to Requestor

Special Rights of Access

Employees

Board Members

Information District Is Not Required to Release

Commercial Information

Request for Information from Incarcerated Individual

Voluntary Disclosure

Confidential Information Under the Public Information Act or Other Law

Information That May Not Be Disclosed

Student Records

Employee Social Security Numbers

Evaluations

Educator Certification Exam

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

  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.

E-Mail Addresses

Confidential
Exceptions
  1. Provided to a district by a person who has a contractual relationship with the district or by the contractor's agent;
  2. Provided to a district by a vendor who seeks to contract with the district 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 a district in the course of negotiating the terms of a contract or potential contract;
  4. Provided to a district on a letterhead, coversheet, printed document, or other document made available to the public; or
  5. Provided to a district for the purpose of receiving orders or decisions from the district, or for the purpose of providing public comment on or receiving notices related 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.

Victim of Abuse or Improper Relationship

Crime Victims

  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.

Criminal History Records

  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 the district to provide student transportation; or
  5. By court order.

Sensitive Crime Scene Image

School Marshal Identity

Closed Meeting Recording / Certified Agenda

Security Information

  1. A computer network vulnerability report;
  2. Any other assessment of the extent to which data processing operations, a computer, a computer program, network, system, or system interface, or software of a district or of a contractor of a district is vulnerable to unauthorized access or harm, including an assessment of the extent to which a district'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 a district; 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 CQ]

Military Discharge Records

Retirement Eligibility Records

Peace / Security Officer Information

Election Judges and Clerks

Exception
  1. Any entity eligible to submit lists of election judges or clerks for that election; or
  2. The state executive committee of a political party with a county chair eligible to submit lists of election judges or clerks for that election.

Cybersecurity Information

  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.

Information Excepted from Disclosure

Confidential by Law

Certain Personnel File Information

Information Relating to Litigation

Information That Advantages Competitors or Bidders

Certain Information on Real or Personal Property

Drafts Involving Legislation

Attorney–Client Information

Certain Information from Law Enforcement

  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.

Private Correspondence of Elected Official

Trade Secrets

Certain Commercial and Financial Information

Certain Memoranda

Audit Working Paper

Certain Personal Information

  1. A current or former district employee or board member, except as provided by Government Code 552.024; or
  2. A peace officer or a security officer commissioned by the Board of Private Investigators and Private Security Agencies, regardless of whether the officer complies with Government Code 552.1175.

Photograph of Peace Officer

  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.

Testing Items

Certain Library Records

  1. Because the library determines that disclosure is reasonably necessary for the operation of the library and the records are not confidential under other state or federal law;
  2. To a person with a special right of access under Government Code 552.023; or
  3. To a law enforcement agency or prosecutor under a court order or subpoena.

Superintendent Applicants

Certain Motor Vehicle and Personal Identification Information

  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.

Individuals Who Inform of Violations of Law

  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.

Economic Development Negotiations

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

Computer Network Security

Social Security Numbers

Crime Victim

Lumberton ISD

GBA(LEGAL)-P

UPDATE 109

DATE ISSUED: 10/30/2017