Article 2. Rights and Duties - California Education Code Section 44031
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California Laws > Education Code > Article 2. Rights and Duties - California Education Code Section 44031
44031. (a) Every employee has the right to inspect personnel
records pursuant to Section 1198.5 of the Labor Code.
(b) In addition to subdivision (a), all of the following shall
apply to an employee of a school district:
(1) Information of a derogatory nature shall not be entered into
an employee's personnel records unless and until the employee is
given notice and an opportunity to review and comment on that
information. The employee shall have the right to enter, and have
attached to any derogatory statement, his or her own comments. The
review shall take place during normal business hours and the employee
shall be released from duties for this purpose without salary
(2) The employee shall not have the right to inspect personnel
records at a time when the employee is actually required to render
services to the district.
(3) A noncredentialed employee shall have access to his or her
numerical scores obtained as a result of a written examination.
(4) Except as provided in paragraph (3), nothing in this section
shall entitle an employee to review ratings, reports, or records that
(A) were obtained prior to the employment of the person involved,
(B) were prepared by identifiable examination committee members, or
(C) were obtained in connection with a promotional examination.
Last modified: February 16, 2015