Attorney General's Opinion 1978-79 #317
VIRGINIA FREEDOM OF INFORMATION ACT. PERSONNEL RECORDS OF
INDIVIDUAL TEACHERS' PROFESSIONAL QUALIFICATIONS ARE EXEMPT FROM
REQUIRED PUBLIC DISCLOSURE. ACT DOES PERMIT THEIR DISCLOSURE.
December 20, 1978
The Honorable Elise B. Heinz
Member, House of Delegates
You have asked whether the Freedom of Information Act requires the
school board to make individual teachers' professional qualifications
public, and whether the Privacy Protection Act prohibits the school
board from making individual teachers' professional qualifications
The 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. Records of the professional
qualifications of public school teachers maintained by the school
board are, in my opinion, personnel records. I, therefore, conclude
that the Freedom of Information Act does not require public
disclosure of teacher qualifications. The fact that such records are
not subject to required public disclosure does not prohibit their
I, further, conclude that the Privacy Protection Act does not
prohibit public disclosure of a teacher's professional qualifications
records. Such records are records which contain "personal
information" as defined in § 2.1-379(2). The Privacy Protection
Act, however, does not prohibit the dissemination of records
containing personal information where dissemination of such records
is otherwise required or permitted by law. See § 2.1-380(1).
Inasmuch as dissemination of the records in question is permitted,
though not required by the Freedom of Information Act, the Privacy
Protection Act does not prohibit their disclosure.
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