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.

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.