324.  PERSONNEL FILES - Pg.

324.  PERSONNEL FILES

1.        Authority

Orderly operation of the school district requires maintaining a file for the retention of all records relative to an individual's duties and responsibilities as an administrative, professional or support employee of the district.

        SC 510

        

The Board requires that sufficient records be maintained to ensure an employee's qualifications for the job held, compliance with federal and state requirements and local benefit programs; conformance with Board policies, administrative regulations, rules and procedures; and evidence of completed evaluations.

2.        Delegation of         Responsibility

The Board delegates the establishment and maintenance of official personnel records to the Superintendent or designee, who shall prepare administrative regulations defining the material to be incorporated into personnel files.

A central file shall be maintained; supplemental records may be maintained only for ease in data gathering.

        42 U.S.C.

        Sec. 2000ff et seq

      42 U.S.C.

      Sec. 12112

Medical records shall be kept in a file separate from the employee's personnel file.

3.  Guidelines

Only information that pertains to the professional role of the employee and is submitted by duly authorized administrative personnel and the Board may be entered in the official personnel file.

A copy of each entry shall be made available to the employee, except for matters pertaining to pending litigation or criminal investigation.

Personnel records shall not be available to individual Board members.

Personnel files shall be reviewed periodically, and material no longer required shall be destroyed.

Employee Access

        43 P.S.

        Sec. 1321, 1322

Administrative, professional and support employees shall have access to their own file.   Information relative to confidential employment references/recommendations, are not part of the personnel file and shall not be available for review by the employee.

        43 P.S.

        Sec. 1322, 1323

Employees who wish to review their own records shall:

  1. Request access in writing.

  1. Review the record in the presence of the administrator or designee responsible to maintain personnel records.

  1. Make no alterations to the record, nor remove any material.

  1. Sign a log attached to the file indicating the date and person reviewing.

Appeals

To appeal material in their personnel file, employees shall submit a written request to the administrator delegated to maintain the records and shall specify:

  1. Name and date.

  1. Material to be appealed.

  1. Reason for appeal.

The responsible administrator shall:

  1. Refer the appeal to the administrator directly involved.

      Title 22

      Sec. 403.4

      20 U.S.C.

      Sec. 6311, 7801

      Pol. 304

      Title 22

      Sec. 403.4

      20 U.S.C.

      Sec. 6311, 7801

      Title 22

      Sec. 403.5

      20 U.S.C.

      Sec. 6311

      Pol. 304

  1. Permit the addition of employee comments.

Title I Schools

In accordance with law, the district shall release to parents/guardians, upon request, information regarding the professional qualifications and academic degrees of any teacher providing instruction to their child at a school receiving Title I funds.  The district shall annually notify parents/guardians at the beginning of the school year about their right to request such information.

The district shall notify parents/guardians of students attending Title I schools when their child has been assigned to or taught for four (4) or more consecutive weeks by a teacher who is not highly qualified, as defined by federal law.

In accordance with law, the district shall release to parents/guardians, upon request, the qualifications of any paraprofessionals who provide instructional support to their child at a school receiving Title I funds.  The district shall annually notify parents/guardians at the beginning of the school year about their right to request such information.

File Contents

  1. Upon initial employment, an employee's file shall contain:

  1. Completed employment application form.

  1. Copy of certificate, where applicable.

  1. Transcripts.

  1. Recommendations.

  1. Retirement registration.

  1. Hospitalization forms.

  1. Annuity forms.

  1. Insurance beneficiary forms.

        8 CFR

        Sec. 274a.2

  1. I-9 Immigration Form.

        SC 111

        Title 22

        Sec. 8.1 et seq

        23 Pa. C.S.A.         Sec. 6301 et seq

  1. Criminal history and child abuse clearance statements.

  1. During the period of employment, the following additional data shall be maintained in personnel files:

  1. Rate of compensation.

  1. Completed copy of employment contract, where applicable.

  1. Attainment of advanced degrees and effect on compensation.

  1. Attendance record.

  1. Completed evaluations.

  1. Disciplinary incidents.

  1. Special awards or distinctions.

References:

School Code – 24 P.S. Sec. 111, 510

State Board of Education Regulations – 22 PA Code Sec. 8.1 et seq., 403.4, 403.5

Child Protective Services Law – 23 Pa. C.S.A. Sec. 6301 et seq.

Inspection of Personnel Files – 43 P.S. Sec. 1321 et seq.

No Child Left Behind Act – 20 U.S.C. Sec. 6311, 7801

Genetic Information Nondiscrimination Act of 2008 – 42 U.S.C. Sec. 2000ff et seq.

Americans With Disabilities Act – 42 U.S.C. Sec. 12101 et seq.

Immigration Reform and Control, Title 8, Code of Federal Regulations – 8 CFR

        Sec. 274a.2

Board Policy – 000, 304

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