On September 9, 2026, New York Governor Kathy Hochul signed a new law that goes into effect on November 8, 2026, governing independent school procedures for providing employees access to their personnel records and notification procedures for when an independent school places negative information into an employee's personnel file.
Requesting Access to Files
Under the new law, employees have the right to request, twice per calendar year, to inspect and obtain copies of their personnel records. Independent schools then have five business days after receiving the request to provide the requested records to the employee. Additionally, the independent school must retain the employee's personnel file for three years after the employee's employment ends.
The new law defines "personnel record" as "a record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action." A personnel record shall include the name, address, date of birth, job title and description, rate of pay and any other compensation paid to the employee, start date of employment, employee's job application, résumés or other forms of employment inquiries submitted, performance evaluations, written warnings, lists of probationary periods, waivers signed by the employee, dated termination notices, and any other documents relating to disciplinary action regarding the employee.
Notification Requirements for Negative Information
The law further requires that independent schools notify employees within 10 days when negative information is placed in the employee's personnel file. Negative information is information that "has been used or may be used, to negatively affect the employee's qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action." The employee has the right to submit a written response disputing the negative information, and if the employee maintains their objection to the negative information, then the employee may submit a written statement to that effect that must become part of the employee's personnel record.
It should be noted that an employee's review of their personnel file after receiving a notification about negative information does not constitute one of the two annual reviews that an employee is entitled to.
Independent schools are encouraged to review their existing policies for employee access to personnel records. The Venable Independent School Law team is available to assist independent schools in ensuring they are in compliance with this new law.