Common use of TEACHERS’ FILES Clause in Contracts

TEACHERS’ FILES. 18.01 Before any written document is placed in a teacher’s personnel file, the following shall be done. However, this provision shall not apply to any disciplinary action or any other document that is a prohibited subject of bargaining. A. Any document about a teacher or teachers that is to be placed in a file shall be put in writing and dated. The teacher shall be given a copy of any such document when it is put in the file. Documents that do not contain all of this information shall not be included in the teacher’s file; B. The teacher shall receive a copy of the written document(s) before they are placed in his/her file; C. The District shall correct or expunge from all District files any information determined by the District and/or an arbitrator to be inaccurate. 18.02 The teacher shall have the right to submit a written response to any material placed in his/her file, and this response shall be attached to all copies of the written document, including but not limited to all copies provided to all third parties. 18.03 In the event that any material from a teacher’s personnel files is provided to any third party, the teacher shall be notified of the name(s) of the parties that received the information, and shall, upon request, be given a copy of all information provided to the third parties. 18.04 If the District releases any material from a teacher’s personnel file, the District shall simultaneously release the corresponding teacher’s response(s) to the material. 18.05 In the event that the District receives a Freedom of Information Act (FOIA) request for the personnel file(s) of any teacher(s), or any portion thereof, the District shall immediately notify the teacher by telephone or FAX (or if the teacher is unavailable, by mail), and shall provide the following to the affected teacher(s) and to the Association: A. A copy of the FOIA request; B. The name(s) of the requesting parties, and all documents and communications received by the District; C. The District shall take the maximum time allowable by law to respond to a FOIA request to allow the teachers and/or Association the opportunity to take whatever legal action is available to bar disclosure of any or all of the requested document(s). D. The teacher will be provided an opportunity to review the contents before the release of the information, and will, upon request, be provided with copies of all communications and documentation sent to the requesting parties by District administrators or other District agents or attorneys. 18.06 Upon receiving a FOIA request, the District will only divulge those items it is compelled by law to disclose, and will withhold all information it is permitted by law to withhold. 18.07 Each teacher shall have only one (1) “personnel file,” to be kept in the District’s central office. 18.08 The parties recognize that this Article is based on their best mutual understanding of the current law in this area; they agree to meet to discuss changes should further judicial proceedings or legislative action so require. The parties understand a binding interpretation by the courts supersedes this Agreement.

TEACHERS’ FILES. 18.01 Before any written document is placed in a teacher’s personnel file, the following shall be done. However, this provision shall not apply to any disciplinary action or any other document that is a prohibited subject of bargaining. A. Any document about a teacher or teachers that is to be placed in a file shall be put in writing and dated. The teacher shall be given a copy of any such document when it is put in the file. Documents that do not contain all of this information shall not be included in the teacher’s file; B. The teacher shall receive a copy of the written document(s) before they are placed in his/her file; C. The District shall correct or expunge from all District files any information determined by the District and/or an arbitrator to be inaccurate. 18.02 The teacher shall have the right to submit a written response to any material placed in his/her file, and this response shall be attached to all copies of the written document, including but not limited to all copies provided to all third parties. 18.03 In the event that any material from a teacher’s personnel files is provided to any third party, the teacher shall be notified of the name(s) of the parties that received the information, and shall, upon request, be given a copy of all information provided to the third parties. 18.04 If the District releases any material from a teacher’s personnel file, the District shall simultaneously release the corresponding teacher’s response(s) to the material. 18.05 In the event that the District receives a Freedom of Information Act (FOIA) request for the personnel file(s) of any teacher(s), or any portion thereof, the District shall immediately notify the teacher by telephone or FAX (or if the teacher is unavailable, by mail), and shall provide the following to the affected teacher(s) and to the Association: A. A copy of the FOIA request; B. The name(s) of the requesting parties, and all documents and communications received by the District; C. The District shall take the maximum time allowable by law to respond to a FOIA request to allow the teachers and/or Association the opportunity to take whatever legal action is available to bar disclosure of any or all of the requested document(s). D. The teacher will be provided an opportunity to review the contents before the release of the information, and will, upon request, be provided with copies of all communications and documentation sent to the requesting parties by District administrators or other District agents or attorneys. 18.06 Upon receiving a FOIA request, the District will only divulge those items it is compelled by law to disclose, and will withhold all information it is permitted by law to withhold. 18.07 Each teacher shall have only one (1) “personnel file,” to be kept in the District’s central office. 18.08 The parties recognize that this Article is based on their best mutual understanding of the current law in this area; they agree to meet to discuss changes should further judicial proceedings or legislative action so require. The parties understand a binding interpretation by the courts supersedes this Agreement.

TEACHERS’ FILES. 18.01 Before any written document A. The administration shall maintain only the following official files on each teacher: (1) A Confidential File (2) A Personal Data File (3) An Evaluators' File (4) HIPAA File 1. The confidential file for each teacher shall be maintained in the strictest confidence at the Personnel Office. 2. It is understood that this confidential file includes all matters relating to the professional status and conduct of the teacher in the course of his/her employment in the Cranston Public Schools. B. The following sub paragraphs in this Article refer to all official files. 1. No non-confidential or non-privileged material derogatory to a teacher's conduct, service, character, or personality shall be placed in a teacher’s personnel file, 's file unless the following shall be done. However, this provision shall not apply to any disciplinary action teacher is notified that such material has been or any other document that is a prohibited subject of bargaining. A. Any document about a teacher or teachers that is to be placed in a file shall be put in writing and dated. The teacher shall be given a copy of any such document when it is put in the file. Documents that do not contain all of this information shall not may be included in the teacher’s file; B. The teacher shall receive a copy of the written document(s) before they are placed in his/her file; C. The District . Upon request by either a teacher or the administration, a teacher shall correct or expunge from all District files any information determined be given an opportunity to read such material and shall acknowledge that he/she has read such material by affixing his/her signature on the District and/or an arbitrator copy to be inaccuratefiled. Such signature merely signifies that he/she has read the material to be filed; it does not indicate agreement with its content. 18.02 The 2. A teacher shall have the right to submit comment upon any non-confidential or non-privileged material filed and his/her comment shall be reviewed by an Assistant Superintendent of Schools and attached to the file copy. 3. Upon request by a written response teacher, he/she shall be given access to any his/her file(s) within a reasonable time. Confidential and privileged information such as credentials, letter of reference from universities, individuals, or previous employers are exempted from such review. The appropriate administrator shall remove such confidential and privileged material placed from the file prior to a review of the file by a teacher. Unsolicited derogatory materials coming to the School Committee shall not be regarded as privileged. 4. A teacher shall be permitted to reproduce material in his/her filefile other than confidential or privileged material, provided that such reproduction is without cost to the Committee. 5. Teachers will keep their files up to date on forms supplied by the Administration concerning names (benefi- ciaries, persons to be notified in case of emergency, dependents, etc.), addresses, telephone numbers, marital status, higher education related to professional advancement, health and this response medical status, pregnancy and other matters required for personnel administration. 6. File copies shall not be removed from the offices of the School Administration. 7. A representative of the School Administration shall be attached to all copies present at any inspection or reproduction of the written document, including but not limited to all copies provided to all third partiesa teacher's files. 18.03 In the event that any material from a teacher’s personnel files is provided to any third party, the teacher shall be notified of the name(s) of the parties that received the information, and shall, upon request, be given a copy of all information provided to the third parties. 18.04 If the District releases any material from a teacher’s personnel file, the District shall simultaneously release the corresponding teacher’s response(s) to the material. 18.05 In the event that the District receives a Freedom of Information Act (FOIA) request for the personnel file(s) of any teacher(s), or any portion thereof, the District shall immediately notify the teacher by telephone or FAX (or if the teacher is unavailable, by mail), and 8. The Administration shall provide the following to the affected teacher(s) and to the Association: A. A copy of the FOIA request; B. The name(s) of the requesting parties, and all documents and communications received a facility by the District; C. The District shall take the maximum time allowable by law to respond to a FOIA request to allow the which teachers and/or Association the opportunity to take whatever legal action is available to bar disclosure of any or all of the requested document(s)may reproduce materials in their files at cost. D. The teacher will be provided an opportunity to review the contents before the release of the information, and will, upon request, be provided with copies of all communications and documentation sent to the requesting parties by District administrators or other District agents or attorneys. 18.06 Upon receiving a FOIA request, the District will only divulge those items it is compelled by law to disclose, and will withhold all information it is permitted by law to withhold. 18.07 Each teacher shall have only one (1) “personnel file,” to be kept in the District’s central office. 18.08 The parties recognize that this Article is based on their best mutual understanding of the current law in this area; they agree to meet to discuss changes should further judicial proceedings or legislative action so require. The parties understand a binding interpretation by the courts supersedes this Agreement.

TEACHERS’ FILES. 18.01 A. Before any written document is placed in a teacher’s personnel file, the following shall be done: 1. However, this provision shall not apply to any disciplinary action or any other document that is a prohibited subject of bargaining. A. Any document about a teacher or teachers that is to be placed in a file shall be put in writing and dated. The teacher shall be given a copy of any such document when it is put in the file. In addition, disciplinary actions and/or complaints shall conform to the requirements contained in Article 13 (Professional Conduct and Disciplinary Procedures.) Documents that do not contain all of this information shall not be included in the teacher’s file; B. 2. The teacher shall receive a copy of the written document(s) before they are placed in his/her file; C. 3. The teacher shall have the right to submit a written response to the material, which shall be attached to all copies of the written document; 4. The District shall correct or conduct a thorough investigation to determine the accuracy of the document. If it is found that any portion of the document is not accurate, the inaccurate portion(s) of the document will be corrected before the document is placed in the teacher’s personnel files; 5. The teacher shall have the right to file a grievance over the inclusion and/or accuracy of any documents to be placed in his/her personnel file, in accordance with Article 6 of the Master Agreement; and 6. In the event that such a grievance is filed, the District shall not release the disputed document(s) until after the grievance is resolved and a determination has been made over the inclusion and/or accuracy of the documents, unless otherwise compelled by law. 7. The District shall expunge from all District files any information determined by the District and/or an arbitrator to be inaccurate.. Holland Education Association Master Agreement 2005-2008 18.02 The B. A teacher shall have the right to submit a written response to any material placed in his/her file, and this response shall be attached to all copies of the written documentmaterial, including but not limited to all copies provided to all any third parties. 18.03 C. In the event that any material from a teacher’s personnel files is provided to any third party, the teacher shall be notified of the name(s) of the parties that received the information, and shalland, upon request, shall be given a copy of all information provided to the third parties. 18.04 D. If the District releases any material from a teacher’s personnel file, the District shall simultaneously release the corresponding teacher’s response(s) to the material. 18.05 E. The teacher evaluation forms shall contain the following statement: “This evaluation is based on the professional opinion(s) of the evaluator(s).” Any preliminary drafts of a teacher’s evaluation shall be expunged from all District files upon completion of the final draft of the evaluation. F. In the event that the District receives a Freedom of Information Act (FOIA) FOIA request for the personnel file(s) of any teacher(s), or any portion thereof, the District shall immediately notify the teacher by telephone or FAX (or if the teacher is unavailable, by mail), and shall provide the following to the affected teacher(s) and to the Association: A. 1. A copy of the FOIA request; B. 2. The name(s) of the requesting parties, and all documents and all communications received by the DistrictDistrict related to the FOIA request; C. 3. The District shall take will notify the maximum time allowable by law teacher involved, and the teacher may, within five (5) calendar days of notification, review his/her personnel file prior to respond to a FOIA request to allow the teachers and/or Association the opportunity to take whatever legal action is available to bar disclosure of any or all of the requested document(s). D. The teacher will be provided an opportunity to review the contents before the release of information. In the event the teacher elects not to examine his/her file within the five (5) calendar day period, and the District has not yet released the information requested, the teacher may still request to review his/her file prior to the release of information, and will, upon provided the teacher’s review of the personnel file would not require the District to exceed the timelines required under FOIA; and 4. Upon the teacher’s request, be provided with copies of all communications and documentation sent to the requesting parties by District administrators or other District agents or attorneys. 18.06 Upon receiving a FOIA requestG. The District agrees that it will exempt from disclosure all public records it is allowed by law to exempt, the District will and shall release only divulge those items records it is compelled by law to disclose, and will withhold . Holland Education Association Master Agreement 2005-2008 H. The District shall remove all disciplinary information it from a teacher’s personnel file(s) that is permitted by law to withholdmore than five (5) years old. 18.07 I. Any written documents pertaining to discipline, such as written warnings, reprimands, suspension or discharge, will be entered into the teacher’s personnel file no later than October 1st of the school year following the school year in which the discipline was issued. For disciplinary actions that occur during the summer vacation period, the District will have six (6) months to place the documentation in the personnel file at the Central Office. No documentation shall be placed in the personnel file later than the above-prescribed times. J. Each teacher shall have only one (1) “personnel file,” to be kept in the District’s central officefile. 18.08 K. Each principal shall be permitted to have one (1) “anecdotal” file for each teacher in his/her building. All information contained in the anecdotal file shall either be destroyed at the end of each school year, or sent to the District’s central office to be included in the teacher’s personnel file. The principal’s anecdotal file may also contain duplicate copies of information contained in a teacher’s personnel file. L. The parties recognize that this Article is based on upon their best mutual understanding of the current law in at the time of its writing (August, 2000). Therefore, if any portion of this area; they Article is found to be inconsistent with law, the parties agree to that the District shall comply with the law and the parties will meet at their earliest convenience to discuss changes should further judicial proceedings or legislative action so require. The parties understand a binding interpretation by the courts supersedes this Agreementprovision in question.

TEACHERS’ FILES. 18.01 19.01 Before any written document is placed in a teacher’s personnel file, the following shall be done. However, this provision shall not apply to any disciplinary action or any other document that is a prohibited subject of bargaining.: A. Any document about a teacher or teachers that is to be placed in a file shall be put in writing and dated. The teacher shall be given a copy of any such document when it is put in the file. In addition, disciplinary actions and/or complaints shall conform to the requirements contained in Article 6. Documents that do not contain all of this information shall not be included in the teacher’s file; B. The teacher shall receive a copy of the written document(s) before they are placed in his/her file; C. The District shall correct or expunge from all District files any information determined by the District and/or an arbitrator to be inaccurate. 18.02 19.02 The teacher shall have the right to submit a written response to any material placed in his/her file, and this response shall be attached to all copies of the written document, including but not limited to all copies provided to all third parties. 18.03 19.03 In the event that any material from a teacher’s personnel files is provided to any third party, the teacher shall be notified of the name(s) of the parties that received the information, and shall, upon request, be given a copy of all information provided to the third parties. 18.04 19.04 If the District releases any material from a teacher’s personnel file, the District shall simultaneously release the corresponding teacher’s response(s) to the material. 18.05 19.05 In the event that the District receives a Freedom of Information Act (FOIA) request for the personnel file(s) of any teacher(s), or any portion thereof, the District shall immediately notify the teacher by telephone or FAX (or if the teacher is unavailable, by mail), and shall provide the following to the affected teacher(s) and to the Association: A. A copy of the FOIA request; B. The name(s) of the requesting parties, and all documents and communications received by the District; C. The District shall take the maximum time allowable by law to respond to a FOIA request to allow the teachers and/or Association the opportunity to take whatever legal action is available to bar disclosure of any or all of the requested document(s). D. The teacher will be provided an opportunity to review the contents before the release of the information, and will, upon request, be provided with copies of all communications and documentation sent to the requesting parties by District administrators or other District agents or attorneys. 18.06 19.06 Upon receiving a FOIA request, the District will only divulge those items it is compelled by law to disclose, and will withhold all information it is permitted by law to withhold. 18.07 19.07 Records of disciplinary action which are more than four (4) years old shall not be released to any third party except as required by law, court order, or subpoena. 19.08 Each teacher shall have only one (1) “personnel file,” to be kept in the District’s central office. 18.08 19.09 Individual administrators may maintain separate “administrative files” regarding teachers if they are kept in the sole possession of the administrator and are not shared with or accessible to others. A record regarding an occurrence or fact about a teacher kept in an administrative file should be entered into the teacher’s personnel file within six (6) months of the date of the occurrence or the date the fact becomes known if it is to be used relative to the teacher’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. 19.10 The parties recognize that this Article is based on their best mutual understanding of the current law in this area; they agree to meet to discuss changes should further judicial proceedings or legislative action so require. The parties understand a binding interpretation by the courts supersedes this Agreement.

TEACHERS’ FILES. 18.01 A. Before any written document is placed in a teacher’s personnel file, the following shall be done: 1. However, this provision shall not apply to any disciplinary action or any other document that is a prohibited subject of bargaining. A. Any document about a teacher or teachers that is to be placed in a personnel file shall be put in writing and dated. The teacher shall be given a copy of any such document when it is put in the file. In addition, complaints shall conform to the requirements contained in Article 13 (Professional Conduct and Disciplinary Procedures). Documents that do not contain all of this information shall not be included in the teacher’s file;file; B. 2. The teacher shall receive a copy of the written document(s) before they are placed in his/her file;. C. 3. The teacher shall have the right to submit a written response to the material, which shall be attached to all copies of the written document; 4. The District shall correct or conduct a thorough investigation to determine the accuracy of the document. If it is found that any portion of the document is not accurate, the inaccurate portion(s) of the document will be corrected before the document is placed in the teacher’s personnel files; 5. The teacher shall have the right to file a grievance over the inclusion and/or accuracy of any documents to be placed in his/her personnel file, in accordance with Article 6 of the Master Agreement; and 6. In the event that such a grievance is filed, the District shall not release the disputed document(s) until after the grievance is resolved and a determination has been made over the inclusion and/or accuracy of the documents, unless otherwise compelled by law. 7. The District shall expunge from all District files any information determined by the District and/or an arbitrator to be inaccurate. 18.02 The B. A teacher shall have the right to submit a written response to any material placed in his/her file, and this response shall be attached to all copies of the written documentmaterial, including but not limited to all copies provided to all any third parties. 18.03 C. In the event that any material from a teacher’s personnel files is provided to any third party, the teacher shall be notified of the name(s) of the parties that received the information, and shalland, upon request, shall be given a copy of all information provided to the third parties. 18.04 D. If the District releases any material from a teacher’s personnel file, the District shall simultaneously release the corresponding teacher’s response(s) to the material. 18.05 E. In the event that the District receives a Freedom of Information Act (FOIA) request for the personnel file(s) of any teacher(s), or any portion thereof, the District shall immediately notify the teacher by telephone or FAX (or if the teacher is unavailable, by mail), and shall provide the following to the affected teacher(s) and to the Association: A. 1. A copy of the FOIA request;request; B. 2. The name(s) of the requesting parties, and all documents and all communications received by the District;District related to the FOIA request; C. 3. The District shall take will notify the maximum time allowable by law teacher involved, and the teacher may, within five (5) calendar days of notification, review his/her personnel file prior to respond to a FOIA request to allow the teachers and/or Association the opportunity to take whatever legal action is available to bar disclosure of any or all of the requested document(s). D. The teacher will be provided an opportunity to review the contents before the release of information. 4. Upon the information, and will, upon teacher’s request, be provided with copies of all communications and documentation sent to the requesting parties by District administrators or other District agents or attorneys. 18.06 Upon receiving a FOIA requestF. The District agrees that it will exempt from disclosure all public records it is allowed by law to exempt, the District will and shall release only divulge those items records it is compelled by law to disclose, and will withhold all information it is permitted by law to withhold. 18.07 G. The District shall remove all disciplinary information from a NCP’s personnel file(s) that is more than five (5) years old. H. Any written documents pertaining to discipline, such as written warnings, reprimands, suspension or discharge, will be entered into the NCP’s personnel file no later than October 1st of the school year following the school year in which the discipline was issued. For disciplinary actions that occur during the summer vacation period, the District will have six (6) months to place the documentation in the personnel file at the Central Office. No documentation shall be placed in the personnel file later than the above­prescribed times. I. Each teacher shall have only one (1) “personnel file,” to be kept in the District’s central officeHuman Resources Office. 18.08 J. Each principal shall be permitted to have one (1) “anecdotal” file for each teacher in his/her building. All information contained in the anecdotal file shall either be destroyed at the end of each school year, or sent to the District’s central office to be included in the teacher’s personnel file. The parties recognize that principal’s anecdotal file may also contain duplicate copies of information contained in a teacher’s personnel file. K. If any portion of this Article is based on found to be inconsistent with law, the parties agree that the District shall comply with the law and the parties will meet at their best mutual understanding of the current law in this area; they agree to meet earliest convenience to discuss changes should further judicial proceedings or legislative action so require. The parties understand a binding interpretation by the courts supersedes this Agreementprovision in question.

TEACHERS’ FILES. 18.01 Before any written document is placed in a teacher’s personnel file, the following shall be done. However, this provision shall not apply to any disciplinary action or any other document that is a prohibited subject of bargaining.: A. Any document about a teacher or teachers that is to be placed in a file shall be put in writing and dated. The teacher shall be given a copy of any such document when it is put in the file. In addition, disciplinary actions and/or complaints shall conform to the requirements contained in Article 6. Documents that do not contain all of this information shall not be included in the teacher’s file; B. The teacher shall receive a copy of the written document(s) before they are placed in his/her file; C. The District shall correct or expunge from all District files any information determined by the District and/or an arbitrator to be inaccurate. 18.02 The teacher shall have the right to submit a written response to any material placed in his/her file, and this response shall be attached to all copies of the written document, including but not limited to all copies provided to all third parties. 18.03 In the event that any material from a teacher’s personnel files is provided to any third party, the teacher shall be notified of the name(s) of the parties that received the information, and shall, upon request, be given a copy of all information provided to the third parties. 18.04 If the District releases any material from a teacher’s personnel file, the District shall simultaneously release the corresponding teacher’s response(s) to the material. 18.05 In the event that the District receives a Freedom of Information Act (FOIA) request for the personnel file(s) of any teacher(s), or any portion thereof, the District shall immediately notify the teacher by telephone or FAX (or if the teacher is unavailable, by mail), and shall provide the following to the affected teacher(s) and to the Association: A. A copy of the FOIA request; B. The name(s) of the requesting parties, and all documents and communications received by the District; C. The District shall take the maximum time allowable by law to respond to a FOIA request to allow the teachers and/or Association the opportunity to take whatever legal action is available to bar disclosure of any or all of the requested document(s). D. The teacher will be provided an opportunity to review the contents before the release of the information, and will, upon request, be provided with copies of all communications and documentation sent to the requesting parties by District administrators or other District agents or attorneys. 18.06 Upon receiving a FOIA request, the District will only divulge those items it is compelled by law to disclose, and will withhold all information it is permitted by law to withhold. 18.07 Each teacher shall have only one (1) “personnel file,” to be kept in the District’s central office. 18.08 The parties recognize that this Article is based on their best mutual understanding of the current law in this area; they agree to meet to discuss changes should further judicial proceedings or legislative action so require. The parties understand a binding interpretation by the courts supersedes this Agreement.