Attorney General's Opinion 1979-80 #301

SCHOOLS. SCHOOL BOARDS. TEACHING CERTIFICATES EXEMPT FROM REQUIRED DISCLOSURE UNDER VIRGINIA FREEDOM OF INFORMATION ACT.

March 27, 1980

The Honorable William E. Fears
Member, Senate of Virginia

79-80 301

You ask if a local school board must disclose upon request certificates of teaching personnel when the disclosure would involve twenty-five or more certificates. You further ask if disclosure is required, whether the school board must notify the affected teachers of such disclosures.

The Virginia Freedom of Information Act exempts "personnel records" of public bodies from required disclosure. See §2.1-342(b)(3) of the Code of Virginia (1950), as amended. Such certificates are required by law, and issued pursuant to regulations of the State Board for Community Colleges. See §22-204. As the certificates contain the professional qualifications of teachers, I am of the opinion that they are "personnel records" exempt from required disclosure. See Report of the Attorney General (1978-1979) at 317.

The fact that such records are free from required disclosure does not however prohibit their disclosure by the local school board. See §2.1-380(1). In the event of such disclosure, the board may make reasonable charges for the copying and search time expended in the supplying of such records. See §2.1342(a).

Notice of disclosure must be provided the affected teachers under the Virginia Privacy Act when the disclosure of personal information is made to public agencies, nongovernmental organizations or an information system maintained for recordkeeping purposes whether automated or manual, containing personal information of individuals. See §§2.1-382(2), 2.1-379(1) and 2.1-379(2). In any other case when personal information is disclosed, school boards would retain the discretion to provide such notices.