Part 84 Access to School Employee Personnel Records

Disclaimer | Current through April 30, 2011

Part 84 Access to School Employee Personnel Records pdf (89 KB)

RESEARCH REFERENCES AND PRACTICE AIDS:
92 NY Jur 2d, Lost and Destroyed Instruments and Records §  30.
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.
8 NY ADC 84.1
8 NY ADC 84.1
2008 WL 75116028
8 NY ADC 84.1
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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.
8 NY ADC 84.2
8 NY ADC 84.2
2008 WL 75116029
8 NY ADC 84.2
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Section 84.3. Purposes and use.

Information 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.
8 NY ADC 84.3
8 NY ADC 84.3
2008 WL 75116030
8 NY ADC 84.3
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Last Updated: September 8, 2011