An incident, which has not been reduced to writing within three months of occurrence, excluding summer vacation, may not later be added to the file later on.
No material derogatory to a teacher’s conduct, service, character or personality shall be placed in the files unless the teacher has had an opportunity to read the material. The teacher shall acknowledge that they have read such material by affixing their signature on the actual copy to be filed, with the understanding that such signature merely signifies that they have read the material to be filed and does not necessarily indicate agreement with its content.
You have the right to write a response. It will be attached to the letter in the file. There is no time frame for writing your response; however, before providing your response, it is strongly recommended that you first speak with your chapter leader, who can help you write an appropriate response and advise you on any other possible course of action, including procedural matters that may be grievable.
An arbitrator has ruled that you have the right to grieve “if material is placed in a teacher or employee file under circumstances that are alleged to constitute a violation of substantive collective bargaining provisions.” In other words, if the letter violates the contract, you can grieve the violation and as a remedy request that the letter that contains the violation of the contract be removed from your file.
For example, if a letter is written for your file outside the contractual time limits, you have a right to grieve the DOE’s violation of Article 21A(1), and as a remedy, request to have that letter removed.
If disciplinary charges do not follow, the letter and response will be removed from the file three years from the date the original material is placed in the file. To ensure that the material is removed, make an appointment to review your personnel file and flag material dated beyond three years for removal. If you need assistance, please speak with your chapter leader.