JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. BOX 12548 

Austin. TX. 78711- 2548 

5121475-2501 

Telex 91018741367 

Te,eco,Wzr 5121475-0266 

1607 Main St.. Suite 1400 

Dallas. TX. 75201-4709 

2141742-8944 

4824 Alberta Ave.. Suite 160 

El Paso, TX. 79905.2793 

9151533.3484 

P 

~20 Dallas Ave.. Suite 202 

Ho”ston. TX. 77002-6986 

7131650-0666 

806 Broadway. Suite 312 

Lubbock. TX. 79401-3479 

8061747-5238 

4309 N. Tenth. Suite B 

McAllen. TX. 78501~1685 

5121682-4547 

200 Main Plaza, Suite 400 

San Antonio. TX. 78205-2797 

5121225-4191 

The Attorney General of Texas 

June 1, 1983 

Honorable Carl A. Parker 

Chairman 

Senate Education Committee 

Texas State Senate 

P. 0. Box 12068, Capitol Station 

Austin, Texas 78711 

opinion No. JM-36 

Re: Whether student evaluations 

of faculty members are open to 

the public if they are used to 

make promotion and salary 

decisions 

Dear Senator Parker: 

You have requested our opinion as to whether student evaluations 

of faculty members are open to the public under the Open Records Act, 

article 6252-17a. V.T.C.S., if such evaluations are a factor in 

determining faculty tenure, promotions and/or salary. You suggest 

that such information might be excepted from disclosure by section 

3(a)(2) of the Open Records Act, as: 

information in personnel files, the disclosure of 

which would constitute a clearly unwarranted 

invasion of personal privacy. 

The scope of employee privacy under section 3(a)(2) is very 

narrow. Open Records Decision Nos. 336, 315 (1982). It may be 

invoked only when information reveals "intimate details of a highly 

personal nature." Open Records Decision Nos. 315 (1982); 298, 284 

(1981). In Open Records Decision No. 316 (1982), the attorney general 

ruled that disclosure of even highly subjective comments from 

character references ordinarily does not, without more, constitute a 

"clearly unwarranted" invasion of personal privacy. 

In our opinion, however, individualized student evaluations are 

excepted from disclosure by sections 3(a)(14) and 14(e) of the Open 

Records Act. Open Records Decision No. 332 (1982). Even unsigned 

student comments might make the student's identity "easily traceable 

through the handwriting, style of expression, or the particular 

incidents related in the comments." Open Records Decision No. 224 

(1979). Even if the information does not identify individual students 

and is not in their handwriting, it may be withheld if there is a 

relatively small number of students to which it could be applicable. 

Open Records Decision No. 294 (1981). Thus, at the present time, it 

P appears that, although section 3(a)(2) might occasionally except 

p. 154 
Honorable Carl A. Parker - Page 2 (~~-36) 

particular student evaluations of faculty members, it ordinarily does 

not do so. Such evaluations are excepted by section 3(a)(14), 

however, if they identify individual students or their identities are 

easily detectable therefrom. 

In certain circumstances, student evaluations might also be 

withheld under section 3(a)(ll) of the Open Records Act, which excepts 

from disclosure: 

inter-agency or intra-agency memorandums or 

letters which would not be available by law to a 

party other than one in litigation with the 

agency. 

Evaluations may be excepted by this provision. Open Records Decision 

Nos. 345 (1982); 168 (1977). This office has recognized that section 

3(a)(ll) applies to advice, opinion, and recommendations prepared by 

consultants to a public body. See Open Record Decision Nos. 344, 335 

(1982); 298, 293, 273 (1981). Thescope of the term "consultants" has 

not been definitively established, but it certainly includes persons 

who are authorized to act, and do in fact act, in an official capacity 

on behalf of a governmental body. Open Records Decision Nos. 283, 273 

(1981). Whether a student evaluator may properly be deemed a 

"consultant" will depend upon the facts of each particular case. In 

our opinion, the student, in order to be regarded as a "consultant" 

under section 3(a)(ll) must, at a minimum, make his evaluation in 

response to a duty arising from a properly authorized request from the 

university administration. 

SUMMARY 

Student evaluations of faculty members may be 

withheld from the public under section 3(a)(14) of 

the Open Records Act if they identify individual 

students. Such evaluations may also be withheld 

as intra-agency memoranda pursuant to section 

3(a)(ll) under certain circumstances. 

Ver truly your L-i A h - JIM MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

p. 155 
Honorable Carl A. Parker - Page 3 (JM-36) 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Rick Gilpin 

Jim Moellinger 

Nancy Sutton 

p. 156