VIRGINIA FREEDOM OF INFORMATION ACT. NON-MEMBERS OF SCHOOL BOARD. ATTENDANCE AT EXECUTIVE MEETINGS AND ACCESS TO RECORDS EXEMPT FROM DISCLOSURE.

May 23, 1980

The Honorable Mary A. Marshall
Member, House of Delegates

9-80 385

You ask whether newly designated Arlington County School Board members whose appointments will not become effective until July 1, 1980, can legally attend executive meetings of the school board and have access to confidential board records and correspondence, such as student and personnel records and records prior to July 1, 1980. It is my understanding that the designees will not vote as board members but will attend meetings to discuss and familiarize themselves with current board business and procedures.

The Virginia Freedom of Information Act (the "Act") permits public bodies, including school boards, to hold closed or executive meetings for discussion of specified subjects. See §§2.1-344 (a)(1) through 2.1-344 (a)(9). Nothing contained in the Act, however, requires that such matters be discussed privately. Accordingly, the school board can legally allow persons who are not board members to attend lawfully authorized executive meetings.

Similarly, the school board may legally allow designees access to the board's personnel, student and other records which are not required to be disclosed to the public under the Act. The Act permits confidentiality but does not require it with respect to personnel, student and other records exempt from required disclosure. Further, permitting the designees access to such records would not violate the Privacy Protection Act, since disclosure of the records in question is not prohibited by other laws. See Opinion to the Honorable Elise B. Heinz, Member, House of Delegates, dated December 20 1 978 found in Report of the Attorney General 1978-1979 at 317.

Accordingly, I am of the opinion that the school board can legally permit board designees who have not taken office access to executive meetings and the records you describe.