403 Equal Employment Opportunity and Affirmative Action Grievance Procedure

403.1 Employee Records

The school district may maintain personnel records on employees. The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.

The records will include, but not be limited to, records necessary for the daily administration of the school district, personal information regarding the employee, salary records, discipline records, evaluations, application for employment, references, and other items needed to carry out board policy.

Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility. Employees may have access to their individual personnel files as required by law. Other school administrators, board members and the general public will have access to an employee’s personnel files as permitted and/or required by law.

It shall be the responsibility of the superintendent to keep employees' personnel files current. The board secretary is the custodian of employee personnel files, and all other employee records.

It shall be the responsibility of the superintendent to develop administrative regulations for the implementation of this policy.

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Approved: 11/14/67

Reviewed: 2/9/09; 10/14/19

Revised: 4/8/13

403.1R1 Employee Records Regulations

Employee Personnel Records Content

1.       Employee personnel records may contain, but are not limited to, the following information:  

  • Personal information including, but not limited to, name, address, telephone number,  emergency numbers, birth date and spouse;
  • Application, resume and references, except those that shall be kept confidential according to state and federal law;
  • Educational transcripts;
  • Copy of the employee's license or certificate, if needed for the position;
  • Individual employment contract;
  • Job description and/or assignment;
  • Salary information;
  • Tax documents, including, but not limited to IRS Form W-4;
  • Written attendance records;
  • Evaluation documents;
  • Complaints;
  • Performance improvement plans;
  • Documents concerning any raise, promotion, pay decrease or demotion;
  • Records of disciplinary matters;
  • Receipts and/or acknowledgements of any employee-related material, including policies and handbooks;
  • Letters of termination and/or resignation;
  • Documentation relating to an employee’s unemployment benefits; and
  • Documentation relating to an employee’s employment ceasing.

2.        Employee health and medical records, which are kept in a file separate from the employee's personnel records, may contain, but are not limited to, the following:

  • Employee's medical history, including, but not limited to, medical records and/or notes;
  • Employee’s emergency names and numbers;
  • Medical professional signed physical form;
  • Sick or long-term disability leave days;
  • Family and medical leave request forms;
  • Worker's compensation claims;
  • Reasonable accommodation made by the District to accommodate the employee's disability.

Employee immigration forms, specifically Form I-9, are kept separate from employee personnel records, and may be kept in a file that houses all employees’ immigration forms for the U.S. Citizenship and Immigration Services.

Applicant for Employment Records

Records on applicants for positions with the school district are maintained in the central administration office, may contain, but are not limited to the following information:

  • Application for employment;
  • Resume;
  • References, except those that shall be kept confidential according to state and federal law;
  • Evidence of appropriate license or certificate, if necessary for the position for which the individual applied;
  • Affirmative action form, if submitted.

Record Access

The board shall allow current and former employees access to their files pursuant to state and federal law.

The board shall allow only authorized school officials access to an employee's records without the written consent of the employee. Authorized school officials may include, but not be limited to, the superintendent, building principal, or board secretary. In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee. Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of board business.

The general public may have access to an employee’s personnel records and/or personnel information as permitted by law. Specifically, the general public may have access to the following information:

  • An employee’s name and compensation, including any written agreement establishing  compensation or any other terms of employment excluding any information otherwise protected under the law.
    • Compensation means payment of, or agreement to pay, any money, thing of value, or financial benefit conferred in return for labor or services rendered by an official, officer or employee plus the value of benefits conferred including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation leave, holiday leave, sick leave, severance payments, retirement benefits, and deferred compensation.
  • The dates the employee was employed by the District.
  • The positions the employee holds or has held with the District.
  • The educational instructions attended by the employee, including any diplomas and degrees earned, and the names of the employee’s previous employers, positions previously held, and dates of previous employment.
  • The fact that the employee was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal, and statutory remedies.

Employee Record Retention

All employee records, except payroll and salary records, are maintained for a minimum of seven (7) years after termination of employment with the district. Applicant records are maintained for a minimum of three (3) years after the position was filled. Payroll and salary records are maintained for a minimum of three (3) years after payment.

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Approved: 11/14/67

Reviewed: 10/14/19

Revised: 2/9/09; 4/8/13

403.2 Release of Employee Credit Information

The following information will be released to an entity with whom an employee has applied for credit or has obtained credit: title of position, income, and number of years employed. This information will be released without prior written notice to the employee. Confidential information about the employee will be released to an inquiring creditor with a written authorization from the employee.

It is the responsibility of the Board Secretary or Co-Director of Business and Finance to respond to inquiries from creditors.

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Approved: 2/9/09

Reviewed:

Revised: 4/8/13; 10/14/19