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320

Student Records

Background

The School Act requires the Division to establish and maintain student records for each student enrolled in its schools and make these available to appropriate individuals. 

The Division requires that a record be maintained for each student, containing such information as is directly useful in facilitating the student’s education.

Procedures

  1. Types of records kept include.
    1. Student record containing:
      1. Student identification – birth date, legal name, address, name of parents/guardians, phone number, etc.;
      2. Student status – grade, class, program;
      3. Record of academic progress; 
      4. Scores obtained on standardized tests; and
      5. An annual summary of the student's school attendance.
    2. Record of special services including:
      1. Educational assessment/tests administered;
      2. Individual education plans;
      3. Consultation/interview reports;
      4. Case histories; and
      5. Other relevant documents.
    3. Report Cards – standard Division/school format.
    4. Community Health Records – a public health record is maintained for each student in the local health unit.
  2. Access to student records
    1. The School Act provides for unrestricted access to all student records for:
      1. Students sixteen years of age or older;
      2. Parents or legal guardians; and
      3. Individuals with access to the student under an order made under the Divorce Act (Canada).
    2. Access to a student record without written permission of parent(s), guardians or adult students is available to:
      1. Professional staff members as required to meet their professional responsibilities to the student;
      2. Research personnel approved by the Superintendent subject to guaranteed pupil anonymity; and
      3. Officers of the Court acting on a duly executed court order.
    3. Access to a student record with the written consent of the parent/guardian or adult student is available to:
      1. Prospective employers;
      2. Post secondary educational institutions;
      3. Courts where a court order has not been provided;
      4. Social service agencies/government departments; and
      5. Police and probation officers.
    4. Access to the record of special services file is restricted to students over sixteen years of age, parents or guardians, or individuals with access to the student under an order made under the Divorce Act (Canada).
    5. Access to student records by educational and other agencies:
      1. Inquiries for assistance in locating children:
        • Information should not be given out without written consent of the parents/guardian or student (independent);
        • Inquiries for assistance for locating children should be referred to the Superintendent.
      2. Student records are available only to staff and administrators who have responsibilities related to the student’s education;
      3. To facilitate transfers, copies of student records and promotion reports may be forwarded to the receiving school principal upon request, without the written consent of the guardian or independent student; and
      4. Standardized test results and reports are to remain confidential to the Division administration and staff.
    6. A parent, guardian or student may review a student record only in the presence of a staff member.  When parents, guardians or students request an opportunity to review a test assessment or psychological report, a qualified professional staff member must be present to interpret the information to ensure that it is clearly understood.
  3. Maintenance of Student Records
    1. Student records are the property of the Division and are not to be given to the student, parent or guardian.
    2. In the event that a parent, guardian or student is of the opinion that the contents of the student record are inaccurate, a written request is to be made to the Principal to have the record rectified.  If the complainant is not satisfied with the action taken, the decision may be appealed through the established appeal procedures.
    3. The principal is responsible for ensuring that accurate, complete records are kept for each student and that these records are updated annually.
  4. Student Transfers
    1. When a student transfers in from another school:
      1. The Principal shall within five (5) school days request the original Student Record from the school previously attended; and
      2. If the Student Record has not been received by the school within thirty (30) school days from the time the records were requested, the Principal shall notify the Superintendent or designate.
    2. When a student transfers out to another school:
      1. The Principal shall forward the original Student Record upon notification from the receiving school;
      2. The Principal shall forward a copy of the Student Record upon written request of the Principal from the receiving school if in another province or state;
      3. The Student Record shall not be released directly to the student or parent.
    3. Confidential components of a Student Record shall be reviewed with the appropriate staff and Principal and shall only be transferred within the Division when the information contained is in the best interest of the student and other students.
    4. If within one (1) year, there is no request or appeal for a review of the confidential component of the Student Record, the Principal is authorized to destroy that information.
  5. Retention of Records
    1. Student records are to be retained by the school for a seven (7) year period after the student’s potential graduation date at which time the principal shall provide for the Secretary-Treasurer's approval a listing of all student records to be destroyed consisting of student name, date of birth and principal signature and date to be destroyed.
    2. If a student transfers to another school and the Student Record has not been requested, it shall be kept for seven (7) years after the date the student could be expected to have completed Grade 12.
    3. The Superintendent/designate shall be responsible for disposal of expired Student Records.
    4. Student Records shall not be turned over to the student or parents except in the case of a court order.
  6. Student health records other than information which parents wish to have placed on the student’s record, are the responsibility of the local health unit.  All requests for health-related records are to be referred to the health unit.
  7. Elementary and junior high school students transferring out of the Division are to be provided with:
    1. Report cards; and
    2. Letter to the receiving principal regarding information release.

References:

Sections 15, 23, 39, 40, 41, 43, 60, 61, 113 School Act

Student Record Regulation 225/2006

Child Welfare Act

Section 6, 16, 17, 32, 33, 34, 35, 36, 37, 38 Freedom of Information and Protection of Privacy Act

Freedom of Information and Protection of Privacy Regulation 200/95

Public Health Act

Social Development Act

Vital Statistics Act

Section 23, Canadian Charter of Rights and Freedom

Youth Justice Act

Youth Criminal Justice Act

Board Policy 12 Role of the Superintendent

 

Revised February 2018