July 12, 1974

Member, House of Delegates

74-75 585

This will acknowledge receipt of your recent letter in which you make the following inquiry:

"I have recently received several complaints concerning apparent inability of teachers to have access to their individual personnel files including so called 'confidential ' material. I shall appreciate very much your opinion as to whether or not teachers in fact have the right to view their own complete personnel file."

Section 2.1-342 (a), Code of Virginia (1960), as amended, provides that the official records of public bodies of the Commonwealth and localities shall be subject to disclosure as follows: "Except as otherwise specifically provided by law, all official records shall be open to inspection and copying by any citizens of this State during the regular office hours of the custodian of such records ..."

There can be no doubt that local school boards are public bodies subject to the requirements of the Freedom of Information Act inasmuch as §2.1-341 (a) which specifies the types of public bodies subject to the requirements of the Act, specifically includes school boards as one of the public bodies contemplated.

Section 2.1-342(h) sets forth five categories of records which are exeluded from the general disclosure requirements of $ 2.1-342(a). More specifically §2.1-342(b) (3) provides:

"(b) the following records are excluded from the provisions of this clapter: * * *

"(8) State income tax returns, medical and mental records, scholastie records and personnel records, except that such access shall not be denied to the person who is the subject thereof."

The provisions of the foregoing statute clearly indicate the intent of the General Assembly to ensure that all personnel records pertaining to a particular employee of a public body, whatever their nature, be available to that employee for review and copying.

In view of the foregoing, I am of the opinion that a teacher employed with a local public school board of the Commonwealth has the right to review and copy any personnel record prepared or maintained by the school board so long as that personnel record relates specifically to the particular teacher seeking review thereof.