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7.16.P.1 Personnel Records and Files - Confidential Information

Section 7.16 - Policy


1.    IN GENERAL: 
a.    The District shall maintain a complete and current official personnel file for each employee. 

b.    Teachers and other certificated staff in the District will be required to supply the District office with current and complete transcripts of credit. It is the duty and responsibility of each teacher to be certificated and to keep such certification and highly qualified status current. 

c.    Derogatory Material: Material originating within the School District and which is derogatory to a teacher's conduct, service, character or personality shall not be placed in a an employee’s personnel file located in the Human Relations office unless the employee has had an opportunity to read the material.  The employee shall acknowledge that he/she has read such material by affixing his/her signature on the actual copy to be filed.  The employee may prepare a written reply to such information, and such reply, if any, will be appended to the information in the file.  

d.    Additional material:  All Employees shall have the right to place pertinent material as defined in district policies in his/her file.  This material shall be submitted to the building principal or immediate supervisor and to the Human Relations Department for placement in the employee’s file.

e.    The employee will be allowed access to the personnel file within two (2) working days of the request for access to the Superintendent.  Exception:  All reference and information originating outside the District on the basis of confidentiality and information obtained within the District in the process of recommending an employee for employment shall not be available for review or inspection by the employee.

 A person or entity shall not, unless specifically provided by law:
a.    Intentionally communicate or make an individual's social security number available to the general public.
b.    Print an individual's social security number on any card required for the individual to receive services.

c.    Require the transmission of an individual's social security number over the internet unless providing a secure connection or the social security number is encrypted.

d.    Require the use of an individual's social security number to access a web site unless a password or unique personal identification number or other authentication device is also required to access the site.

e.    Print a number that the person or entity knows to be an individual's social security number on any materials that are mailed to the individual unless required by law to place these numbers on the material.  
i.    This does not preclude the transmission of documents of enrollment, amendment, termination, or contracting for financial services nor does it preclude transmitting documents confirming the accuracy of the numbers previously submitted.  

ii.    No requirement is made to check third party submitted numbers and unless the recipient of the number has actual knowledge that the number is or includes the individual's social security number, the person or entity may print the number on materials that are mailed to the individual.  

iii.    No prohibition on mailing the individual any copy or reproduction of a document that includes a social security number is made if the social security number was included on the original document before January 1, 2005.  

iv.    The exception is that if a social security number has been used inconsistent with the use described above after January 1, 2005, so long as the usage is continuous, the person or entity may continue to use the number subject to the conditions below:
a)    If the use stops for any reason then the social security number cannot be used and the use reverts to the conditions bulleted above.

b)    Each year the entity must provide the individual with an annual written disclosure of the individual's right to stop the use of the social security number as prohibited above.

c)    If an individual requests in writing, the person or entity must stop using the number in any manner conflicting with the law.  No fee or charge is allowed, and the entity shall not deny services to the individual because of the request.
f.    The law does not prohibit the collection, use or release of a social security number required by the laws of this state or the United States or for internal verification or administrative purposes.

g.    Penalty: Unless otherwise provided by law, after January 1, 2005 documents or records recorded and made available on the recording entity's web site shall not contain more than five (5) numbers reasonably identifiable as part of a social security number and shall not contain financial account numbers.  A penalty of five hundred dollars ($500) for each act of recording is possible.