Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 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.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 986,Sec. 5, eff. 9/1/2019.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 178,Sec. 14, eff. 9/1/2017.Amended by Acts 2011, 82nd Leg., R.S., Ch. 1305, Sec. 1, eff. 6/17/2011.Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. 5/30/1995.