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regulations of the commissioner of education Part 84 Access to School Employee Personnel Records(Statutory authority: Education Law, § 207) HISTORICAL NOTE Part (§§ 84.1-84.3) filed Dec. 20, 1977 eff. Jan. 9, 1978. NYCRR T. 8, Ch. II, Subch. C, Pt. 84, Refs & Annos, NY ADC T. 8, Ch. II, Subch. C, Pt. 84, Refs & Annos NY ADC T. 8, Ch. II, Subch. C, Pt. 84, Refs & Annos Text is current through August 15, 2006.
Section 84.1 Right of access by school board members. Section 84.1 Right of access by school board members. A board of education shall have right of access to personnel records of employees of the district, subject to the procedures hereinafter set forth. Historical Note Sec. filed Dec. 20, 1977 eff. Jan. 9, 1978. <General Materials (GM) - References, Annotations, or Tables> CASE NOTES: Where Board of Education seeks to provide Board member list of names, addresses, salaries, and job title of all Board employees, information sought is matter of public record and does not require review of personnel records so that regulations governing access to school employees' personnel records do not apply. Buffalo Teachers Federation, Inc. v. Buffalo Bd. of Educ. (4 Dept. 1989) 549 N.Y.S.2d 541, 156 A.D.2d 1027, appeal denied 554 N.E.2d 1279, 555 N.Y.S.2d 691, 75 N.Y.2d 708 8 NYCRR 84.1, 8 NY ADC 84.1 8 NY ADC 84.1
Section 84.2 Procedures to obtain access. Examination of school employee personnel records by the board of education shall be conducted only at executive sessions of the board. Any board member may request the chief school officer to bring the personnel records of a designated employee or employees to an open meeting of the board. The board shall then determine whether to conduct an executive session for the purpose of examining such records. The chief school officer shall present such records to the board at the executive session. Such records shall, in their entirety, be returned to the custody of the chief school officer at the conclusion of the executive session of the board. Historical Note Sec. filed Dec. 20, 1977 eff. Jan. 9, 1978. <General Materials (GM) - References, Annotations, or Tables> 8 NYCRR 84.2, 8 NY ADC 84.2 8 NY ADC 84.2
Section 84.3 Purposes and use. nformation obtained from employee personnel records by members of the board of education shall be used only for the purpose of aiding the members of the board to fulfill their legal responsibilities in making decisions in such employee personnel matters as appointments, assignments, promotions, demotions, remuneration, discipline or dismissal, or to aid in the development and implementation of personnel policies, or such other uses as are necessary to enable the board to carry out legal responsibilities. Historical Note Sec. filed Dec. 20, 1977 eff. Jan. 9, 1978. <General Materials (GM) - References, Annotations, or Tables> 8 NYCRR 84.3, 8 NY ADC 84.3 8 NY ADC 84.3 |
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Last Updated 02/23/2007