October 17, 2012

Ms. Leticia D. McGowan

School Attorney

Dallas Independent School District

3700 Ross Avenue

Dallas, Texas 75204

OR2012-16577

Dear Ms. McGowan:

You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 469372 (ORR # 11409).

The Dallas Independent School District (the "district") received a request for the requestor's personnel file and the investigation/OPR report pertaining to the requestor. You state some information has been released. You claim the submitted investigation report is excepted from disclosure under section 552.101 of the Government Code. We have considered the exception you claim and reviewed the submitted information.

You inform us the submitted investigation report was the subject of a previous request for information, in response to which this office issued Open Records Letter No. 2011-16103 (2011). In that decision, we determined the district must withhold the submitted information under section 552.101 of the Government Code in conjunction with section 261.201 of the Family Code. We understand you to assert the law, facts, or circumstances on which the prior ruling was based have not changed. Thus, we conclude the district must continue to rely on Open Records Letter No. 2011-16103 as a previous determination and withhold the previously ruled upon information in accordance with that prior ruling. See Open Records Decision No. 673 (2001) (so long as law, facts, and circumstances on which prior ruling was based have not changed, first type of previous determination exists where requested information is precisely same information as was addressed in a prior attorney general ruling, ruling is addressed to same governmental body, and ruling concludes that information is or is not excepted from disclosure).

This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General, toll free, at (888) 672-6787.

Sincerely,

Ana Carolina Vieira

Assistant Attorney General

Open Records Division

ACV/ag

Ref: ID# 469372

Enc. Submitted documents

c: Requestor

(w/o enclosures)

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