[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1602.40]

[Page 170-171]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1602--RECORDKEEPING AND REPORTING REQUIREMENTS UNDER TITLE VII AND THE 
ADA--Table of Contents
 
   Subpart L--Elementary and Secondary School Systems, Districts, and 
                    Individual Schools Recordkeeping
 
Sec. 1602.40  Preservation of records made or kept.

    Any personnel or employment record made or kept by a school system, 
district, or individual school (including but not necessarily limited to 
requests for reasonable accommodation, application forms submitted by 
applicants and other records having to do with hiring, promotion, 
demotion, transfer, layoff, or termination, rates of pay or other terms 
of compensation, and selection for training or apprenticeship) shall be 
preserved by such school system, district, or school, as the case may 
be, for a period of 2 years from the date of the making of the record or 
the personnel action involved, whichever occurs later. In the case of 
involuntary termination of an employee, the personnel records of the 
individual terminated shall be kept for a period of 2 years from the 
date of termination. Where a charge of discrimination has been filed, or 
an action brought against an elementary or secondary school by the 
Commission or the Attorney General, the respondent elementary or 
secondary school system, district, or individual school shall preserve 
similarly

[[Page 171]]

at the central office of the system or district or individual school 
which is the subject of the charge or action, where more convenient, all 
personnel records relevant to the charge or action until final 
disposition thereof. The term ``personnel record relevant to the 
charge,'' for example, would include personnel or employment records 
relating to the person claiming to be aggrieved and to all other 
employees holding positions similar to that held or sought by the person 
claiming to be aggrieved; and application forms or test papers completed 
by an unsuccessful applicant and by all other candidates for the same 
position as that for which the person claiming to be aggrieved applied 
and was rejected. The date of ``final disposition of the charge or the 
action'' means the date of expiration of the statutory period within 
which a person claiming to be aggrieved may bring an action in a U.S. 
district court or, where an action is brought against a school system, 
district, or school either by a person claiming to be aggrieved, the 
Commission, or the Attorney General, the date on which such litigation 
is terminated.

(Approved by the Office of Management and Budget under control number 
3046-0040)

[38 FR 26719, Sept. 25, 1973, as amended at 46 FR 63268, Dec. 31, 1981; 
56 FR 35756, July 26, 1991]