Policy 5500P - Procedures for Releasing Personnel Records

Procedures for Releasing Personnel Records to Hiring Idaho Public Schools

  1. No later than 20 days after receiving a request from a hiring Idaho public school under the provisions of I. C. § 12-1210 RISE Charter School shall provide the information requested and make available to the hiring Idaho public school copies of all documents in the past or current employee’s personnel file relating to job performance or job related conduct. [NOTE: RISE Charter School may provide records in electronic format.]

Pursuant to State law, the only information or documentation that RISE Charter School must provide pursuant to a request under I.C. § 33-1210 is:

  1.  
    1.  
      1. All annual evaluations;
      2. Letters of reprimand;
      3. Letters of direction;
      4. Letters of commendation or award;
      5. Disciplinary actions and documentation of disciplinary investigations;
      6. Recommendations for probation;
      7. Notices of probation and notices of removal from probation;
      8. Recommendations for termination or nonrenewal;
      9. Notices of termination or nonrenewal;
      10. Notices from the professional standards commission of Idaho or any other such similar state agency of action taken against an individual's certificate; and
      11. Any rebuttal documentation filed by the employee relative to any of the above documents.

In an effort to save time and expense in responding to such requests, RISE Charter School will provide only the above information in response to a request for documentation under I.C. § 33-1210. Names of students or fellow employee complainants, other than the employee’s administrative evaluator or other administrative authors of communication to the employee, shall be redacted from information provided in response to a request.

  1. No Board member or RISE Charter School employee shall enter into any agreement that has the effect of suppressing information about negative job performance by a present or former employee or expunge information about performance or misconduct from any document in an employee personnel file.
  2. In fulfilling a request from a hiring Idaho public school, RISE Charter School may choose to expunge information from an employee’s personnel file relating to alleged verbal or physical abuse or sexual misconduct that has not been substantiated.
  3. In fulfilling a request from a hiring Idaho public school, RISE Charter School shall expunge information from an employee’s personnel file on any materials for which disclosure would violate FERPA, HIPAA, or any other applicable federal law. RISE Charter School shall also redact student names from investigative or other documentation in the employee or former employee’s file as well as any medical documentation.
  4. No RISE Charter School employee who, in good faith, discloses information to the hiring Idaho public school either in writing, printed material, electronic material, or orally shall be held civilly liable for the disclosure.

Procedure History:

Promulgated on: July 12, 2021

Revised on:

Reviewed on: