401.5 - Employee Records

401.5 - Employee Records

The school district will 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, salary 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. Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.

Employees may have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee. The school district may charge a reasonable fee for each copy made. Employees, however, will not be allowed access to the employment references written on behalf of the employee. Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the board.

It is the responsibility of the superintendent to keep employees' personnel files current. The board secretary is the custodian of employee records.

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

  

 

Legal Reference:  Iowa Code chs. 20; 21; 22; 91B.

Cross Reference:  402.1 Release of Credit Information
                                       403 Employees' Health and Well-Being
                                       708 Care, Maintenance and Disposal of School District Records

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

dawn.gibson.cm… Fri, 12/29/2023 - 10:32

401.5R1 - Employee Records Regulation

401.5R1 - Employee Records Regulation

Employee Personnel Records Content

  1. Employee personnel records may contain the following information:
  • Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date and spouse.
  • Individual employment contract.
  • Evaluations.
  • Application, resume and references.
  • Salary information.
  • Copy of the employee's license or certificate, if needed for the position.
  • Educational transcripts.
  • Assignment.
  • Records of disciplinary matters.
  1. Employee health and medical records are kept in a file separate from the employee's personnel records. Health and medical records may contain, but are not limited to:
  • Medical professional signed physical form.
  • Sick or long-term disability leave days.
  • Worker's compensation claims.
  • Reasonable accommodation made by the school district to accommodate the employee's disability.
  • Employee's medical history.
  • Employee emergency names and numbers.
  • Family and medical leave request forms.
  1. The following are considered public personnel records available for inspection:
  • The name and compensation of the individual, including any written agreement establishing compensation or any other terms of employment, except for that information that is otherwise protected. "Compensation" includes the value of benefits conferred including, but not limited to: casualty, disability, life or health insurance, other health or wellness benefits, vacation, holiday and sick leave, severance payments, retirement benefits and deferred compensation;
  • The dates the individual was employed by the government body;
  • The positions the individual holds or has held with the government body;
  • The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual's previous employers, positions previously held and dates of previous employment;
  • The fact that the individual was discharged as the result of a final disciplinary action upon the exhaustion of all applicable contractual, legal and statutory remedies; and,
  • Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to the Family Educational Privacy Rights Act (FERPA.)

Applicant File Records Content

Records on applicants for positions with the school district are maintained in the central administration office. The records will include, but not be limited to:

  • Application for employment.
  • Resume.
  • References.
  • Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.
  • Affirmative action form, if submitted.

Record Access

Only authorized school officials will have 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.

Employee Record Retention

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

 

 

Approved: February 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017,
May 2020

 

dawn.gibson.cm… Fri, 12/29/2023 - 10:33

401.5R2 - Limitations to Employment References

401.5R2 - Limitations to Employment References

The district believes in taking appropriate measures to promote the health and welfare of all students.  Any school employee, contractor, or agent shall not assist another school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law.

This limitation does not apply if the matter has been properly reported to law enforcement and any other regulatory authorities required by law, and either:

  • the matter has been officially closed by the law enforcement agency;
  • the individual is acquitted or otherwise exonerated of the alleged misconduct; or
  • more than four years has passed since the case was opened, and no charges or indictment have been filed.

 

 

Legal References:   20 U.S.C. §7926
                                         
281 I.A.C. 12.3(14)

Cross References:  401.5 Employee Records
                                         402.2 Child Abuse Reporting
                                         402.3 Abuse of Students by School District Employees
                                         405.2 Licensed Employee Qualifications, Recruitment, Selection
                                         411.2 Classified Employee Qualifications, Recruitment, Selection

Approved:       May 2020                               
Reviewed:      

 

dawn.gibson.cm… Fri, 12/29/2023 - 10:33