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§6101. Record
of directory information
The following provisions apply to
employee records. [1981, c. 693, §§5, 8 (new).]
1.
Contents. A school administrative unit shall maintain a record of directory
information on each employee as follows: [1997, c.
452, §§1, 2 (amd).]
A. Name;
[1981, c. 693, §§5, 8
(new).]
B. Dates of employment;
[1981, c. 693, §§5, 8
(new).]
C. Regular and extracurricular duties, including all courses
taught in that school administrative unit;
[1981, c. 693, §§5, 8
(new).]
D. Post-secondary educational institutions attended;
[1981, c. 693, §§5, 8
(new).]
E. Major and minor fields of study recognized by the
post-secondary institutions attended; and
[1997, c. 452, §1 (amd).]
F. Degrees received and dates awarded.
[1997, c. 452, §1 (amd).]
G.
[1997, c. 452, §2 (rp).]
2.
Access. The following provisions apply to access of employee records.
[1995, c. 547, §4 (amd).]
A. The record of directory information shall be available for
inspection and copying by any person.
[1981, c. 693, §§5, 8
(new).]
B. Except as provided in paragraph A, information in any form
relating to an employee or applicant for employment, or to the employee's
immediate family, must be kept confidential if it relates to the following:
(1) All information, working papers and examinations used in the
examination or evaluation of all applicants for employment;
(2) Medical information of any kind, including information
pertaining to diagnosis or treatment of mental or emotional disorders;
(3) Performance evaluations, personal references and other reports
and evaluations reflecting on the quality or adequacy of the employee's work or
general character compiled and maintained for employment purposes;
(4) Credit information;
(5) Except as provided by subsection 1, the personal history,
general character or conduct of the employee or any member of the employee's
immediate family;
(6) Complaints, charges of misconduct, replies to complaints and
charges of misconduct and memoranda and other materials pertaining to
disciplinary action;
(7) Social security
number;
(8) The teacher action plan and support system documents and
reports maintained for certification purposes; and
(9) Criminal history record information obtained pursuant to
section 6103.
[1995, c. 547, §4 (amd).]
C. Any written record of a decision involving disciplinary action
taken with respect to an employee by the governing body of the school
administrative unit shall not be included within any category of confidential
information set forth in paragraph B.
[1981, c. 693, §§5, 8
(new).]
3.
Commissioner's review. The commissioner shall have access to any of the
records or documents designated as confidential in this section for carrying
out the commissioner's duties pursuant to section 13020. Copies of any such
records or documents shall simultaneously be provided to the employee. [1987, c. 620, §2 (amd).]
The commissioner shall also have access
to support system documents for carrying out the commissioner's certification
and support system approval duties pursuant to chapter 502 and to other
confidential employee records for carrying out the commissioner's school
approval duties pursuant to chapter 206. [1987, c. 620,
§2 (amd).]
PL 1981, Ch. 693,
§5,8 (NEW).
PL 1983, Ch. 470, §5
(AMD).
PL 1983, Ch. 806, §60
(AMD).
PL 1983, Ch. 862, §58
(AMD).
PL 1985, Ch. 506,
§A37 (AMD).
PL 1987, Ch. 620,
§1,2 (AMD).
PL 1995, Ch. 547,
§2-4 (AMD).
PL 1997, Ch. 452,
§1,2 (AMD).
§6102. Employee
review
The following provisions apply to
employee review of records. [1981, c. 693, §
§ 5, 8(new)]
1.
Right to review. An employee or former employee of a school administrative
unit, or the employee's representative, is entitled to review the following
documents and reports: [1987, c. 620, §3 (amd).]
A. The employee's teacher action plan and other support system
documents and reports maintained for certification purposes upon written
request to the custodian designated to maintain those records;
[1987, c. 620, §3 (new).]
B. The employee's personnel file on written request to the
superintendent if the superintendent of schools has a personnel file for the
employee; and
[1987, c. 620, §3 (new).]
C. Any confidential records or documents provided to the commissioner
pursuant to section 6101, subsection 3, if the records or documents were not
simultaneously provided to the employee.
[1987, c. 620, §3 (new).]
2.
Time and place. Review of support system documents or a personnel file
shall take place where the file is kept during normal school hours. [1987, c. 620, §3 (amd).]
3.
Contents. For purposes of this section, a "personnel file"
includes, but is not limited to: [1987, c. 620,
§3 (amd).]
A. Formal or informal employee work evaluation compiled and
maintained for employment purposes; and
[1987, c. 620, §3 (amd).]
B. Reports relating to the employee's character, credit, work
habits, compensation and benefits.
[1981, c. 693, § § 5,
8(new)]
PL 1981, Ch. 693,
§5,8 (NEW).
PL 1987, Ch. 620, §3
(AMD).