Why can't a retired teacher obtain all their files or even see all files including past references?

Question

I am a retired teacher who is moving out of state. I have worked for over thirty years in the district and before that I worked in another state for 3 years. I called my recent district to request taking possession of all my files. I have been retired for 2 years and don't plan on coming back to this state. I was told I have to pay 25 cents a copy and that I could not get possession of any files that were references! This seems to be a bit weird. Do we not have the right to see what others have said about us after we leave the profession? Many of the people who wrote references may not even be alive today. The Human Resource Office wouldn't even allow me to come in and read them! I don't know what they are going to do with them . Eventually they're going to throw them out! I would like to know if I could get a lawyer to demand my files. Do I have the right to obtain these files? I feel as though they are keeping my personal possessions. I am no longer an employee in this district.

Answer 1

Calm down, Ursala, and let me 'splain it to you.

Yes, you CAN have your files. Its just going to cost 25 cents a page. Should it cost anything at all? I don't know, but pick your fight before you start to fight. Pay 'em the $25 for your 100 pages. Now you have your file. Then sue 'em in small claims court to get your money back.

You can try this (but it probably won't work). YOU supply the paper (a 500 sheet ream probably costs about $6) and ask for a discount on the copying fee, to, say, 10 cents a page for the labor and electricity, toner, etc.

Now the problem with references gets into privacy matters, specifically the privacy of the people who gave the references. Put the shoe on the other hand here for a minute. Suppose that YOU as Miss Ursala, had been used as a background reference by somone else in connection with their suitability in law enforcement. And suppose they leave the enforcment business because now they like crime better. And so, they ask the sheriff's department for their files INCLUDING the references.

And there your name appears, having said something like, "Petey is well mannered and generally a good student, but sometimes could be aggressive on the playround. The school counselor worked with him and I believe he is a well adjusted young man today."

Oops. See the problem here?

Now, it may be just the IDENTITY of people who made references they can't disclose. The actual verbiage ITSELF may be OK. That means the record must be "redacted" by striking through those names, and that's where you 25 cents per page looks pretty good. However, that means whoever has the Sharpie needs to make sure ALL names are found and rubbed out. What if they miss one? So maybe even THAT won't be good enough for them to let go of the reference data. If you're still a member, ask your union to help with this. Hell, they can't fire you now.

Besides, as to references who said something good about you, many of those will be people you know (or knew) and they probably sent you a copy of what they said. As to the others, if anyone ever said anything negative, it obviously wasn't enough to keep you out of a job.

So -bottom line- pay up and get your file; then get into a fight about the cost ONCE YOU HAVE WHAT YOU WANT.

OK?

Answer 2

Since these files concern you, you probably have a legal right to them. See an attorney who will write a letter for you...that may be all it takes to get them. They can probably charge you to copy them...if they are allowed to keep the original copies.
Sometimes a lawyer knows just how to make them act.

Answer 3

They are not your files, they are their files. It sounds like they are making them available for the cost of copying. In most cases the freedom of information laws to allow the government to recover the costs of providing copies by charging a fee.

Additionally, certain personnel records are exempt from release.

Answer 4

Check and see if your state has an equivalent of the Freedom of Information Act, and if so, the procedure for requesting documents under its guidelines.

Answer 5

yup! Must file to get the refund. It depends if the person filing was still married last year. Then he has to claim his spouse otherwise file as single.