It is the intent of the Board of Education to maintain complete and current personnel files, including all information necessary to comply with the Fair Labor Standards Act, for all district employees.
The file of an individual employee will be considered confidential information and a closed record, to the extent allowed by the law, and will only be available to authorized administrative personnel and to the employee. Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment are closed records under the Missouri Sunshine Law to the extent allowed by law. Pursuant to state law, the names, positions, salaries and lengths of service of all employees are public information and must be released upon request. In accordance with federal law, the district shall release to parents, upon request, information regarding the professional qualifications and degrees of teachers and the qualifications of paraprofessionals who are employed by a school receiving Title I funds and who provide instruction to their child at that school.
Files containing immigration records and files containing medical information regarding an employee will be kept separate from other personnel files.
Upon request to and in the presence of the appropriate administrative official, any employee may inspect his or her own personnel file during regular working hours, with the exception of the ratings, reports and records obtained prior to the employment of the individual, including confidential placement papers.
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Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.
Adopted: September 11, 2003
Legal Refs: §§ 168.128, 610.021(13), RSMo.
Americans with Disabilities Act, 42 U.S.C. §§ 12101 - 12213
29 C.F.R. § 1630.14
Fair Labor Standards Act, U.S.C. §§ 201, et seq.
29 C.F.R. Part 516
Immigration Reform and Control Act, 8 U.S.C. §§ 1324, et seq.
No Child Left Behind Act of 2001, P.L. 107-110
Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528(1985)
Advance R-IV School District, Advance, Missouri
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