The School Board recognizes that an employee’s request to an administrator for a letter of reference is an opportunity to share information about the staff member’s performance with prospective employers. A current or former employee has no expectation that a letter of reference will be written upon request. The decision to comply with such a request shall be solely at the discretion of the administrator.

If an administrator opts to prepare such a letter, the Board expects that administrator to provide specific and truthful comments concerning the employee’s actual performance that can be substantiated by the individual’s personnel file.

Notwithstanding the preceding provision giving an administrator discretion to provide a letter of reference to a current or former employee, if another school makes a request for an employment reference for a current or former employee, in compliance with I.C. 20-26-5-11.5, the administrator shall disclose to the requesting school any incident known by the School Corporation in which the employee committed an act resulting in a substantiated report of abuse or neglect under Indiana law.

In accordance with State law, an administrator who, in the scope of his/her employment, provides a letter of reference or employment reference is entitled to at least a qualified privilege for his/her statements provided such statements were made in good faith.

All Corporation employees, including but not limited to an administrator who prepares a letter of reference or provides an employment reference pursuant to this policy, are prohibited from assisting a Corporation employee, contractor or agent in obtaining a new job if s/he knows or has probable cause to believe that such Corporation employee, contractor or agent engaged in sexual misconduct regarding a minor or student in violation of State or Federal law. "Assisting" does not include the routine transmission of administrative and personnel files. The only exceptions permitted are those authorized by the Every Student Succeeds Act, such as where the matter has been investigated by law enforcement and the matter was officially closed due to lack of probable cause or where the individual was acquitted or otherwise exonerated of the alleged misconduct. No Corporation employee shall provide a letter of reference or an employment reference for any Corporation employee, former employee, contractor or agent if s/he knows or has probable cause to believe that such individual engaged in sexual misconduct regarding a minor or student in violation of State or Federal law.

I.C. 20-26-5-11.5
I.C. 22-5-3-1
20 U.S.C. 7926, Section 8546 of the Elementary and Secondary Education Act
(ESEA) as amended by the Every Student Succeeds Act (ESSA)

Adopted 5/16/17
Revised 3/12/19