School Board of the City of Virginia Beach
Policy 4-15

PERSONNEL

Personnel Records

A. Confidentiality of Files

The school board will generally protect the confidentiality of personnel files, personnel references, academic credits and other similar documents, but reserves the right to release such information in accordance with law and written school board policy or regulation.

In the event that an employee, former employee, or applicant engages in conduct which becomes the subject of public concern as reported in the news media, or such person otherwise discloses matters related to his employment to the news media, the School Board authorizes the Superintendent or his designee to disclose accurate and relevant information regarding such person's actions and employment.

B. Contents of Files

After the date of a person's employment, all material relating to the employee that is placed in his/her personnel file must be signed and dated by the person adding to the file. A signed and dated summary shall be made of any materials to be deleted. The employee shall be given an opportunity to review the material to be added and acknowledge the review by (1) affixing his/her signature to the materials added, or (2) affixing his/her signature to the summary of the material to be deleted. The signature in no way indicates agreement with the material. The employee shall have the right to submit a written, signed and dated response to the materials added, and the superintendent or a designee shall review and include the response in the personnel file of the employee.

C. Access to File

1. Access by the Employee

An employee may review the contents of his/her personnel file during regular office hours and at the convenience of the employee charged with the safe-keeping of the records.

2. Access by Other Persons

a. Access with Permission of the Employee

Upon written permission by the employee, other persons shall be permitted to review the employee's personnel file. A new authorization shall be required for each review.

b. Access Without Consent of the Employee

The following persons may review an employee's personnel file without the consent of the employee:

(1) Administrators and supervisors who have line responsibility over the employee.

(2) Members of the school board when the board is in session.

(3) A person with a court order.

(4) Other persons authorized by federal or state law.

D. Disclosure of Employment-Related Information to Specific Current or Specific Prospective Employers.

In response to an inquiry made by a specific current or specific prospective employer, the Superintendent or his designee may provide accurate information concerning the professional conduct, job performance, and/or reasons for separation or discipline of a current or former employee of the Board. At the Superintendent's or his designee's discretion, the information will be released in accordance with regulations developed by the Superintendent and may be limited to: (1) whether the employee is eligible for rehire; (2) whether the employee was terminated, resigned, or retired; or (3) whether the employee left for personal reasons. A current or former employee's entire personnel record may be released to a specific current or specific prospective employer upon receipt from the employee of a signed Release of Information form. Such Release of Information form shall be on a form prepared by the School Division and which has been approved "legally sufficient" by the School Board Legal Counsel.

E. The Superintendent or his designee shall encourage other school divisions and employers seeking employment references from this school division to provide similar information to this school division that this school division provides other school divisions and employers.

Legal Reference:

Code of Va., § 2.1-341. Definitions.

Code of Va., § 2.1-342. Official records to be open to inspection; procedure for requesting records and responding to requests; charges, exceptions to application of chapter.

Code of Va., §§ 2.1-377 through 2.1-386. The Privacy Protection Act of 1976.

Hindenliter v. Humphries, 224 Va. p. 439 (1982).

1974-75 Report of the Attorney General July 12, 1974, p. 585.

1977-88 Report of the Attorney General January 9,1987, p. 310.

1986-87 Report of the Attorney General January 9, 1987, p. 27.

Code of Va., § 8.01-46.1. Disclosure of employment-related information; presumptions; causes of action; definitions.

Editor's Note
For Disclosure of personal information upon resignation, see Policy 4-16.

Adopted by School Board: July 13, 1993 (Effective August 14, 1993)
Amended by School Board: April 17, 2001