                                 CODE OF VIRGINIA

EMPLOYEE PERSONNEL FILES; MAINTENANCE OF EMPLOYEE RECORDS; CONFIDENTIALITY OF
CERTAIN RECORDS (§ 22.1-295.1)

A. Personnel files of all school board employees may be produced and maintained
in digital or paper format.

B. Information determined to be unfounded after a reasonable administrative
review shall not be maintained in any employee personnel file, but may be
retained in a separate sealed file by the administration if such information
alleges civil or criminal offenses. Any dispute over such unfounded information
exclusive of opinions retained in the personnel file, or in a separate sealed
file, notwithstanding the provisions of the Government Data Collection and
Dissemination Practices Act (&#xA7; 2.2-3800 et seq.), shall be settled through
the employee grievance procedure as provided in &#xA7;&#xA7; 22.1-306 and
22.1-308 through 22.1-314.

C. Teacher performance indicators or other data collected by or for the
Department of Education or the local school board or made available to and able
to be used by the local school board to judge the performance or quality of a
teacher, maintained in a teacher&#8217;s personnel file or otherwise, shall be
confidential but may be disclosed, in a form that does not personally identify
any student or other teacher, (i) pursuant to court order, (ii) for the purposes
of a grievance proceeding involving the teacher, or (iii) as otherwise required
by state or federal law. Nothing in this subsection shall be construed to
prohibit the release or to limit the availability of nonidentifying, aggregate
teacher performance indicators or other data.

HISTORY: 1987, c. 506; 2006, c. 191; 2013, c. 291; 2016, c. 390.