[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1602.40]

[Page 180-181]
 
                             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

[[Page 181]]

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 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]