14 Del. Admin. Code § 716-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 716-3.0 - Records Retention

3.1 Each school district and charter school shall keep the records referred to in Section 2.0 above for all employees' inactive personnel files for at least fifty (50) years following termination of employment.

3.2 For the security of records and the protection of the personnel for whom the information is recorded, it is recommended that original records are to be maintained at the school district or charter school for three (3) years after termination of an employee and a successful audit of such records. Records shall be purged in accordance with the Delaware Public Archives School Districts General Records Retention Schedule and prepared for storage according to the Delaware Public Archives Records Management Handbook Preparation of Records for Short-Term Storage. Records shall remain in their original format and shall then be transferred to DPA and retained in storage for the balance of the fifty (50) required years. District and charter school records officers and authorized agents may request files from storage in accordance with DPA's procedures for requesting files. At the end of the retention period, the documents will be destroyed in accordance with DPA's destruction procedures.

3.3 The style and form of the records shall be at the discretion of the school districts or charter schools, except that records transferred to the DPA for storage shall be in a format acceptable to DPA. Individual school districts and charter schools may elect to have their records recorded onto a different type of media at district expense, in accordance with DPA guidelines.

3.3.1 The information referred to above shall be maintained and available for any employee or former employee seeking information concerning their own employment records for a period of fifty (50) years after termination of employment. It is recommended that for the convenience of employees and former employees that school districts and charter schools develop an alphabetically arranged file showing the name of each employee and the disposition of his or her records.

14 Del. Admin. Code § 716-3.0

3 DE Reg. 1077 (02/01/00)
4 DE Reg. 989 (12/01/00)
9 DE Reg. 395 (09/01/05)
12 DE Reg. 443 (10/01/08)
20 DE Reg. 801 (4/1/2017)
25 DE Reg. 170 (8/1/2021) (Final)