POLICY NO.: 2011 DATE APPROVED:96-06-12
SUBJECT: Student Records
The Board of School Trustees regards documents which the District has received or which it has prepared as the property of School District No. 60 (Peace River North).
The Board of School Trustees will maintain a cumulative record for each student enrolled in the District. This record shall contain only information that is in the legitimate interest of the District and the individual student concerned.
Student records will be maintained in a manner which will allow students and parents a right of access to information and which will prevent the unauthorized collection, use or disclosure of personal information about students and their families, in accordance with the School Act and the Freedom of Information and Protection of Privacy Act (“FOIPPA”).
1.1 Current student records are defined as the information in written or electronic form pertaining to a student while he/she is attending any school within School District No. 60 (Peace River North), including the permanent student record and other information included in the student file in accordance with this policy and regulation. A student record does not include a student’s work and related documentation which a teacher uses during the school year for the purposes of assessing and evaluating the student’s progress or any confidential counselling notes.
1.2 Permanent Student Record; information on each student which is required to be retained under the Permanent Student Record Order (Ministerial Order (M190/91))
2.1 A separate cumulative file folder shall be kept for each student.
2.2 This file shall be kept up-to-date at all times.
3.0 Content of Student Records
3.1 The student’s record shall include a permanent record card (Ministry form) in either an electronic and/or paper format, on which shall be recorded attendance and grades achieved in school subjects as well as any relevant inclusions.
3.2 Cumulative files may include:
(i) standardized test scores and District Assessment Results
(ii) medical alert information
(iii) Special Education Assessment Reports
(iv) report cards
(v) records of awards or scholarships
(vi) individual education plans (IEPs) or behaviour intervention plans (BIPs)
(vii) letters of suspension or exclusion and related documentation
(viii) information on student discipline and appropriate interventions
(ix) student learning plan
(x) immigration papers, and
(xi) court orders relating to custody and access
3.3 The Principal shall ensure that student records are maintained in a professional manner in accordance with this policy, its regulations and applicable legislation. As part of this requirement, the principal or his/her designate will review the cumulative file regularly to determine if the material in the file is current and continues to be relevant. Discipline records should be forwarded to the secondary school to the extent that such information continues to be relevant (e.g. to plan for the student’s needs, to ensure the safety of other students or staff).
4.0 Access to Student Records
4.1 Access to student records shall be restricted to:
(i) school district personnel; school staff are not entitled to review student records generally but only as required in the proper performance of their duties in relation to the student or to the school, on a need to know basis,
(ii) parents in respect of their own child,
Note: A “Parent” means
(a) the guardian of the student (Section 39 Family Law Act)
(b) the person legally entitled to custody of the student
(c) the person who usually has the care and control of the student
(iii) the student, whose record that is, provided that the student is accompanied by his/her parent unless the student is independently capable of exercising the right to access to his/her record,
(iv) a person providing health services, social services or other support services under Section 79 of the School Act, access to information and student records required to carry out that service.
4.2 Unless a court orders otherwise, a spouse who has been granted access to a child of the marriage has the right to make inquiries and to be given information as to the health, education, and welfare of the child (Section 41(j) Family Law Act). Information shall therefore normally be provided to access parents and to custody parents equally.
4.3 Authorization to make such records available shall only be provided by:
(i) the Superintendent of Schools or his/her designate, and
(ii) the Principal of the school, or his/her designate
4.4 In all cases, the parent, student or other person who is authorized to have access to student records shall be accompanied by the principal or a person designated by the principal to interpret the records. This requirement does not apply to teaching staff.
4.5 A log shall be maintained as part of each file, recording each person other than school personnel allowed access to the file, the date of access, and the name of the person interpreting the records.
4.6 Notwithstanding the foregoing, the Superintendent or Principal may disclose personal information in a student record in accordance with the FOIPPA or as may be required by a court order or other body with jurisdiction to compel the production of information.
5.1 Report cards, academic transcripts and statements of standing, once prepared, will be provided to the students or their parents acting on their behalf.
5.2 When standardized test scores, district assessment results, and special education assessment reports are entered into a student’s file, the Principal shall
ensure that access to such information is provided in conference with professional staff qualified to interpret the data in its proper and intended context.
(a) Reports by physicians, psychiatrists, psychologists, or other special education professionals that contain sensitive information shall be stored in an envelope clearly marked “confidential” and retained in the cumulative file folder. Only one additional copy of such reports shall exist in the district, housed in the student’s confidential central file at the office of Student Support Services as required for Ministry Special Education designation requirements.
(b) The Superintendent has the authority to withhold providing copies of such reports when he judges that their release may be detrimental to and not in the best interests of the child.
5.3 A student’s permanent record and/or notarized copy thereof shall only be disclosed by the School District to persons not otherwise authorized in this Policy, upon the written consent of the student or his/her parent, which consent will specify to whom the information is to be disclosed and how it may be used, or where the permission has been explicitly granted by a statutory declaration or by court order.
5.4 Principal or designate, who is asked to disclose student records will make every reasonable effort to assist these parents and students and to respond without delay, openly, accurately and completely.
6.0 Employee Breach of Confidentiality
Any employee who knowingly breaches the provision of access (Paragraph 4.0) or confidentiality (Paragraph 5.0) shall be subject to the discipline.
7.0 Retention of Student Records
7.1 The Principal of each school shall be responsible for the removal of material which is not necessary to be retained on the file (e.g. it is no longer current and no longer useful to the planning and delivery of instruction) before it is transferred to another school as provided in section 3 or to storage.
7.2 One (1) year after a student graduates, only the Permanent Record Card (Ministry form) and a copy of the senior secondary school statement (Ministry form) shall be retained.
7.3 Student records referred to in paragraph 7.2 herein are to be maintained for 55 years from the date the student withdraws or graduates.
7.4 For individual students, documents which would defend the District in the event of future litigation (e.g. student injury report, sexual assault allegation, special education assessment reports, IEPs or BIPs), shall also be retained for a period of 20 years.
7.5 Student records are to be maintained in locking file cabinets or other similarly secure locations.
8.0 Transfer of Student Records
8.1 Student achievement records shall be forwarded to prospective employers or others, only upon the written request of the student or former student.
8.2 When students are transferring from one school to another school board or an independent school within the province, the permanent student record, the current student learning plan, and the current IEP will be transferred upon the request of the receiving Principal. A confidential file shall be transferred upon written consent of the parent or guardian.
8.3 In the case of a student transferring to a school outside British Columbia or independent schools, only a copy of the permanent student record will be sent upon the request of the receiving Principal, but the original Permanent Record Card must remain within the District.
8.4 Under no circumstances shall original student records be transferred by handing them to a student, or his or her parent. A log/record of student records transfers must be kept indicating where the records were sent.
8.5 Schools are obligated to produce all records pertaining to a student when required by a Court Order or other body with jurisdiction to compel production of information. In such cases, the Superintendent of Schools will be notified immediately.
9.0 Appeal of Content of Student Records
9.1 A parent who has reason to question the validity/relevancy of information retained in his/her child’s file, may request that the information be corrected or removed. If agreement cannot be reached regarding the removal of information from a file, the parent should appeal to the Superintendent of Schools and failing resolution, to the Board of School Trustees under the provision of School District No. 60 (Peace River North), By-Law No. 2/91 (Appeal Procedure).