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Los Angeles COE |  BP  4212.61  Personnel

Employment References - SP   

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The County Superintendent or designee shall be responsible for processing all requests for references, letters of recommendation, or information about the reasons for separation regarding all LACOE employees other than himself/herself. All letters of recommendation to be issued on behalf of LACOE for current or former employees must be approved by the County Superintendent or designee.

At his/her discretion, the County Superintendent or designee may refuse to give a recommendation. Any reference, letter of recommendation, or information provided about the reasons for separation issued on behalf of the Office shall provide a truthful and accurate account of the employee's job performance and qualifications.

(cf. 4112.6/4212.6/4312.6 - Personnel Files)

(cf. 4117.5/4217.5/4317.5 - Termination Agreements)

No certificated employee shall write or sign any letter or memorandum which intentionally omits significant facts, or which states as facts matters which the writer does not know of his/her own knowledge to be true, relating to the professional qualifications or personal fitness to perform certificated services of any person who the writer knows will use the letter or memorandum to obtain professional employment. (5 CCR 80332)

No certificated employee shall agree to provide a positive letter of recommendation which misrepresents facts as a condition of another employee's resigning or withdrawing action against the district. (5 CCR 80332)

Legal Reference:

LABOR CODE

1050-1054 Reemployment privileges

CIVIL CODE

47 Privileged communication

CODE OF CIVIL PROCEDURE

527.3 Labor disputes

CODE OF REGULATIONS, TITLE 5

80332 Professional candor and honesty in letters or memoranda of employment recommendation

COURT DECISIONS

Randi W. v. Muroc Joint Unified School District et al., (1997) 14 Cal. 4th 1066

Policy LOS ANGELES COUNTY OFFICE OF EDUCATION

adopted: September 21, 2017 Downey, California