Common use of Teachers’ Files and FOIA Clause in Contracts

Teachers’ Files and FOIA. In addition to Paragraph 5.02 (above), the following provisions shall also apply: a. Commencing with the 1992-93 school year, the District will establish and maintain a central office (i.e. under the Superintendent’s control) personnel file for each teacher, to be considered the teacher’s official personnel file. b. A teacher, upon request and with or without an Association representative, may review the contents of his/her personnel file, including (upon request) his/her supplemental personnel records maintained by the building administrator or other District officials. Copies of a teacher’s personnel file and/or other personnel records shall be provided to the teacher upon request. c. If a teacher and the Board agree that material in the teacher’s personnel file is erroneous, such material shall be corrected or removed. d. A teacher shall be notified in writing when any material which is adverse to or critical of the teacher is to be placed in his/her personnel file beginning with the 2004-05 school year. e. The teacher may submit a written response to any disciplinary record or other material placed in his/her file. The response shall be attached to the disciplinary record or other material to which it applies, and if the disciplinary record or other material is released to a third party, the attached response shall be released with it. f. In the event the District receives a Freedom of Information Act (FOIA) request for the personnel file(s), or any portion thereof, of any teacher(s), the District shall promptly so notify the teacher(s) (or in his/her/their absence an Association representative). The District shall provide the teacher(s) (or the Association representative as the case may be) with a copy of the FOIA request before responding to the same. g. If the District determines to release any material from a teacher’s personnel file in response to a FOIA request, the teacher (or Association representative) shall be so notified and shall, upon timely request, be given (1) an opportunity to review the material the District has determined to release (prior to its release); and (2) a copy of the material to be released. h. When responding to FOIA requests involving a teacher’s personnel records, the District shall (unless the parties otherwise agree): (1) Take the maximum time allowed by law to respond to the FOIA request to allow the teacher and/or Association an opportunity to take whatever legal action is available to prevent disclosure of such records; and (2) Divulge only such records as it determines it is legally obligated to disclose.

Teachers’ Files and FOIA. In addition to Paragraph 5.02 (above), the following provisions shall also apply: a. Commencing with the 1992-93 school year, the District will establish and maintain a central office (i.e. under the Superintendent’s control) personnel file for each teacher, to be considered the teacher’s official personnel file. b. A teacher, upon request and with or without an Association representative, may review the contents of his/her personnel file, including (upon request) his/her supplemental personnel records maintained by the building administrator or other District officials. Copies of a teacher’s personnel file and/or other personnel records shall be provided to the teacher upon request. c. If a teacher and the Board agree that material in the teacher’s personnel file is erroneouserroneous or otherwise inappropriate, such material shall be corrected or removed. d. A teacher shall be notified in writing when any material which is adverse to or critical of the teacher is to be placed in his/her personnel file beginning with the 2004-05 school year. e. The teacher may submit a written response to any disciplinary record or other material placed in his/her file. The response shall be attached to the disciplinary record or other material to which it applies, and if the disciplinary record or other material is released to a third party, the attached response shall be released with it. f. In the event the District receives a Freedom of Information Act (FOIA) request for the personnel file(s), or any portion thereof, of any teacher(s), the District shall promptly so notify the teacher(s) (or in his/her/their absence an Association representative). The District shall provide the teacher(s) (or the Association representative as the case may be) with a copy of the FOIA request before responding to the same. g. If the District determines to release any material from a teacher’s personnel file in response to a FOIA request, the teacher (or Association representative) shall be so notified and shall, upon timely request, be given (1) an opportunity to review the material the District has determined to release (prior to its release); and (2) a copy of the material to be released. h. When responding to FOIA requests involving a teacher’s personnel records, the District shall (unless the parties otherwise agree): (1) Take the maximum time allowed by law to respond to the FOIA request to allow the teacher and/or Association an opportunity to take whatever legal action is available to prevent disclosure of such records; and (2) Divulge only such records as it determines it is legally obligated to disclose.

Teachers’ Files and FOIA. In addition to Paragraph 5.02 (above), the following provisions shall also apply: a. Commencing with the 1992-93 school year, the District will establish and maintain a central office (i.e. under the Superintendent’s control) personnel file for each teacher, to be considered the teacher’s official personnel file. Although other administrators (e.g. building principals) may also maintain supplemental personnel records, such supplemental records will not be used in any disciplinary proceeding against a teacher, or in any other action adverse to the teacher, unless such records are also contained in the teacher’s central office file. b. A teacher, upon request and with or without an Association representative, may review the contents of his/her personnel file, including (upon request) his/her supplemental personnel records maintained by the building administrator or other District officials. Copies of a teacher’s personnel file and/or other personnel records shall be provided to the teacher upon request. c. If a teacher and the Board agree that material in the teacher’s personnel file is erroneouserroneous or otherwise inappropriate, such material shall be corrected or removed. d. A teacher shall be notified in writing when any material which is adverse to or critical of the teacher is to be placed in his/her personnel file beginning with the 2004-05 school year. e. The teacher may submit a written response to any disciplinary record or other material placed in his/her file. The response shall be attached to the disciplinary record or other material to which it applies, and if the disciplinary record or other material is released to a third party, the attached response shall be released with it. f. In the event the District receives a Freedom of Information Act (FOIA) request for the personnel file(s), or any portion thereof, of any teacher(s), the District shall promptly so notify the teacher(s) (or in his/her/their absence an Association representative). The District shall provide the teacher(s) (or the Association representative as the case may be) with a copy of the FOIA request before responding to the same. g. If the District determines to release any material from a teacher’s personnel file in response to a FOIA request, the teacher (or Association representative) shall be so notified and shall, upon timely request, be given (1) an opportunity to review the material the District has determined to release (prior to its release); and (2) a copy of the material to be released. h. When responding to FOIA requests involving a teacher’s personnel records, the District shall (unless the parties otherwise agree): (1) Take the maximum time allowed by law to respond to the FOIA request to allow the teacher and/or Association an opportunity to take whatever legal action is available to prevent disclosure of such records; and (2) Divulge only such records as it determines it is legally obligated to disclose.