Two state laws regulate personnel files; they are:

• General Laws, Chapter 71, Section 42C (teachers)

http://www.mass.gov/legis/laws/mgl/71-42c.htm

• General Laws, Chapter 149, Section 52C (all employees)

http://www.mass.gov/legis/laws/mgl/149-52c.htm

Local collective bargaining agreements often contain clauses that regulate personnel files, both content and access.

Some districts have local policy statements re personnel files which must be followed.

Note: Information in whatever form it exists (including electronic computer files) is always subject to discovery in civil litigation, grievance processing, arbitrations, administrative hearings, e.g. student discipline and public records requests. The only exception is if a legal privilege attaches such as the “attorney / client privilege.”

Recommended Reading re: Personnel Files

• Wakefield Case 431 Mass. 792 (2000)

http://masscases.com/cases/sjc/431/431mass792.html

<<< revised September 29, 2010 >>>