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Policy GBJ

Personnel Records And Files

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.  

  1. 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  

  1. 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.  

  1. 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:  

  • Medical information of any kind; and  

  • Teacher action plan and support system documents and reports maintained for  certification purposes.  

  1. 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.  

  1. 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.  

  1. Access to Personnel Files  

  • Access to personnel files may be given to the following persons without the consent of  the employee:  

    • The Superintendent or his/her designee, the employee’s principal or other supervisor(s).

      1. Personnel files are not accessible to individual School Board  Members.  

    • Relevant portions of a personnel file may be summarized and/or shared with  the Board by the Superintendent when consideration is being given to performance evaluation, continuation of employment; or disciplinary action.    

    • The general public shall have access only to the Directory Information as  outlined above.  

  • Access to personnel files will not be granted to any other persons except under the  following circumstances:  

    • When the employee gives written consent for the release of his/her records.  The written consent must specify the record(s) to be released and to whom  they are to be released. Each request for consent must be handled separately;  blanket permission for release of information will not be accepted; and  

    • Under advice of counsel, when subpoenaed or under court order. 

  1. 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.  

  1. 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.