Legal blog: The importance of keeping documentation

Written by MSTA staff attorney Hank Jenkins, September 2026

As the new school year has begun, many of our members have spent countless hours preparing their classrooms, outlining lesson plans, and organizing their professional lives. This is all done to make sure that when the time comes to teach, they can do so seamlessly and with the least amount of stress possible because they have prepared ahead of time.

However, there is one important aspect of professional organization that public school teachers often overlook: documentation. By this, I mean filing away and storing documents that are important to your job so you can refer to them later, if needed. Documentation should start now, at the beginning of the school year, while necessary documents are easy to locate.

Let’s discuss which documents you should keep, what you should document yourself, and where you should store your documents for later reference.

Teaching contract

When a teacher calls the legal department seeking advice, I first ask to see a copy of their teaching contract. This helps me understand the teacher’s employment status with the district, their annual salary, their employment benefits, how many days the teacher is expected to work in the school year, the “liquidation damages” if the teacher wants to break that contract, and any other special circumstances added when the contract was signed. Additionally, if there is an extra or extended-duty contract, I’d like to see a copy of those. Many times, teachers have stored these documents in their work email or stuffed them in a drawer. However, the best thing you can do, as soon as you sign that contract, is to print a physical copy to be filed in an easily accessible place at home or sent to a personal email address and stored on a personal laptop or computer.

Employee handbook

Another important document to keep is the employee handbook. Teachers often receive a copy of or sign the handbook at the beginning of the school year, or it is posted on the district’s website or employee portal. If you have not received a copy of your employee handbook, ask for one. Either print out or download a copy to keep with your personal belongings. Additionally, take time to read it, and make sure you understand what is and is not expected of you as a teacher and employee. While employee handbooks are not as binding as board policies, they often list the policies and other directives teachers are to follow during the school year. These can be an important tool during disciplinary disputes, as they help the MSTA lawyers understand what expectations have been laid out for the teacher.

PIP or disciplinary memo

Next, anytime you are asked to sign a performance improvement plan or disciplinary memo, make sure to ask for a copy. If you are asked to write a statement regarding an administrative investigation, keep a copy of the statement for yourself. If you are mailed a letter stating you have been placed on administrative leave or a grievance has been filed against you, keep a copy of that letter in your personal filings. These are all documents your MSTA representative or lawyers will want to see when they are helping you with conflicts.

Other

In some situations, you might want to document information when a file has not been created. These situations could include:

• conversations with administration or verbally presented directions or plans

• expressions of concern about a student, classroom need, or safety situation

• any discussion involving pay, insurance, absences, or training

Important information when documenting these types of situations includes:

• who participated in the conversation or incident

• a summary of what was said by each person in the meeting

• when the conversation or incident occurred

• where the incident occurred

• why the meeting or conversation was necessary

• how the issue was resolved or plans and decisions moving forward.

This information helps focus the document and maintains objectivity.

Once again, most documents should either be stored at home in an easily accessible place with other important documents or filed on a personal computer or laptop (not your work computer or email). If you need to document communication between you and your administration, you can send it from your work email, but blind copy your personal email address. If you cannot electronically copy or forward a document to yourself, it is okay to make a photocopy; however, make sure to black out any student or parent names before storing it with your other personal documents. It’s important to note that teachers should not forward or download to their personal emails or computers any document that has a student’s personally identifiable education record in it (such as IEPs), as that could create FERPA issues.

As always, if any questions or concerns arise involving any of these documents, be sure to give the MSTA Legal Services Department a call at 866-343-6186 or email us at legalservices@msta.org.