Evaluative Data and Reports

Evaluative Data

Formative evaluation data is generally collected with two main purposes in mind:

• to provide feedback to the employee; and
• to allow the employer to assess the employee.

This type of information would be considered personal information and as such is subject to the provisions of LAFOIP.

Some collective agreements may contain clauses that state how long certain types of evaluative material may be kept by an employer. There is no specific provision in the Provincial Collective Bargaining Agreement for teachers regarding this type of material.

In the majority of cases where there are no major concerns raised about the employee and no disciplinary or performance issues with an employee the retention of the evaluative materials for two years would be recommended. However that rule of thumb is very general. If there are ongoing issues with an employee then the data could be kept almost indefinitely.

If evaluative data is transferred into a report that summarizes the information and the data itself is no longer necessary to document the evaluation then the data does not have to be retained. In cases where the data is disposed of a note should be made on the file to this effect.

All records that could be considered evaluative in nature must be reviewed when preparing a response to any request for such information. This type of material can be created by supervisors, principals, superintendents etc. and might include:

• notes of conversations;
• emails and attachments;
• notes made in daybooks, notebooks, work diaries, journals etc.;
• text messages;
• reports to supervisors;
• notes, letters, emails, text messages from parents or third parties; and
• notes, letters, emails, text messages from colleagues.

Some of these records might be exempt from disclosure but that can only be determined if they are reviewed with regard to the exemptions set out in LAFOIP.

Reports

A report prepared by a supervisor which acts as the basis for the recommendation of action to be taken is usually shared with the employee during the disciplinary process.

Unlike notes taken during the investigation the supervisor will have time when writing the report to consider issues of privacy and access and can address those issues if necessary. Irrelevant third party information will not be included. If personal information of third parties must be included there is time to advise the third parties and address any potential objections to the release of the information.