The South Portland School Department shall maintain records of current and former employees in the Office of the Superintendent in accordance with state and federal laws and regulations.
Directory Information
As required by law, a record of directory information for each employee shall be open to inspection and copying by any person. Directory information shall contain:
Name of employee;
Date(s) of employment by the school unit;
Regular and extra-curricular duties, courses taught.
Post-secondary educational institution(s) attended;
Major and minor field(s) of study as recognized by those institutions;
Degrees received and dates degrees were awarded; and
Confidential Information
As required by law the following information (except Directory Information) about an employee, applicant for employment, or an employee/applicant’s immediate family shall be kept confidential if it relates to the following:
All information, working papers, and examinations used in evaluation of or selection of applicants for employment;
Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders;
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;
Credit information;
The personal history, general character or conduct of the employee or any member of the employee’s immediate family;
Complaints, charges of misconduct, replies thereto and memoranda and other materials pertaining to disciplinary action;
Social Security number;
Any teacher action plan and support system documents and reports maintained for certification purposes; and
Criminal history record information obtained pursuant to Title: 20A MRSA §6103.
Personnel Files
Personnel files will contain a cumulative history of the staff member’s employment, including formal or informal employee work evaluations and reports relating to the employee’s character, credit, and work habits. The Superintendent has oversight of the placement of documents into the file.
The school unit must maintain the following confidential employee records separate from the personnel files:
Disciplinary Action Information
Any written record of a decision involving disciplinary action taken with respect to an employee by the School Board shall not be included within any category of confidential information.
Procedures for Review of Personnel Files
Upon a formal request from the employee and within 3 business days, the Superintendent or designee will provide the employee, former employee, or his/her duly authorized representative(s) the opportunity for review and copying his/her personnel file, in the presence of the Superintendent or designee, if the Superintendent has a personnel file for that employee.
Reviews of personnel files shall take place at the location where the personnel files are maintained, and during normal school hours.
The cost of any copying is to be paid by the person requesting the copy.
Access to confidential college placement records and letters of reference will be granted only to the Superintendent/designee.
Access to Personnel Files
Records Management
The Superintendent has overall responsibility for maintaining and preserving the confidentiality of all employee/applicant records. This Superintendent may designate a staff member who shall be responsible for granting or denying access to records according to the guidelines in this policy.
Written reports shall be maintained in personnel files to document compliance with federal and state laws and regulations and School Board policies regarding employee evaluations. The Superintendent’s decision about placement of a document in the personnel file shall be final.
A sign-off sheet will be maintained in all personnel files providing for a date, signature and reason for accessing the file.
Records Retention
The school unit will retain all personnel records and files in accordance with applicable laws and regulations.
Legal Reference: Title: 20A MRSA § 6101
Title: 20A MRSA § 6103
Title: 20A MRSA § 13015
Title: 26 MRSA § 631
Chapter 10, Rules for Disposition of Local Government Records
(Maine State Archives)
Americans with Disabilities Act of 1990, 42 U.S.C.
Family and Medical Leave Act of 1993, 29 U.S.C. 2611 et seq.
Adopted: Prior to 1980
Revised: July 9, 2001
Revised: April 12, 2004
*Please excuse any formatting errors.