The School Board of Miami-Dade County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.
 

8340 - LETTERS OF REFERENCE AND DISCLOSURE OF INFORMATION REGARDING FORMER OR CURRENT EMPLOYEES

Employees and former employees may request letters of reference about the employee’s performance. However, the decision to comply with the request is solely at the discretion of the individual to whom the request is made and employees shall have no expectation that a letter of reference will be written upon request.

If anyone chooses to prepare a reference letter, they shall provide specific and truthful comments concerning the employee or former employee’s actual performance that can be substantiated by the individual’s personnel file.

A person who, in the scope of their employment, provides a letter of reference may be entitled to a qualified privilege for statements included in that reference letter, provided such statements were made in good faith, without malice, and according to this policy.

The School Board is immune from civil liability for (1) any disclosure of information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee and (2) the consequences of such disclosure.  The only exception to the Board’s immunity from civil liability is if it is shown by clear and convincing evidence that the information disclosed by the Board was knowingly false or violated any civil right of the former or current employee protected under F.S. Chapter 760.

Prohibition on Aiding and Abetting Sexual Abuse

All Board employees, contractors, or agents are prohibited from assisting a Board employee, contractor, or agent in obtaining a new job if s/he knows, or has probable cause to believe, that such Board 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 to the paragraph above permitted are those authorized by the Every Student Succeeds Act (ESSA).  In accordance with the ESSA, the requirements of the paragraph above shall not apply if the information giving rise to probable cause:

 

A.

(1)

has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct and

     
 

(2)

has been properly reported to any other authorities as required by Federal, State, or local law, including Title IX and its regulations; and

     
 

B.

(1)

the matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the Board employee, contractor or agent engaged in sexual misconduct regarding a minor or student in violation of the law;

     
 

(2)

the Board employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated of the alleged misconduct; or

     
 

(3)

the case or investigation remains open and there have been no charges filed against, or indictment of, the Board employee, contractor, or agent within four (4) years of the date on which the information was reported to a law enforcement agency.

F.S. 768.095
F.S. 768.28
Art. X, Sec. 13, Fla. Constitution
Every Student Succeeds Act (ESSA)

Revised 4/25/18

© Neola 2017