Administrative Procedure 320 – Appendix D
GUIDELINES FOR THE STORAGE, ACCESS, TRANSMISSION AND RETENTION OF STUDENT INFORMATION Background 1. Storage of Student Information 1.1
When a student registers at a school, a student record file will be created which: 1.1.1
Is labelled with the name of the student, the district ID number and the Alberta Learning ID number;
1.1.2
Is stamped with the name of the school and the entrance date;
1.1.3
Has a copy of the district registration form;
1.1.4
Has a copy of the student's birth certificate, the parent's/legal guardian’s baptismal certificate if the parent is Catholic and the child's baptismal certificate if the child has been baptized in the Catholic faith;
1.1.5
Has a copy of the immigration papers if the student was not born in Canada. All documents to be fastened to the file folder with a self adhesive fastener;
1.1.6
Includes an entry in PowerSchool for each student including the demographic information.
1.2
Informal records, such as anecdotal records and incident reports are kept in files other than the student cumulative file. Such information may be kept by the student's teacher and/or a school administrator.
1.3
Instructional Services will establish a student file for each individual referred for special services by school personnel or parents/legal guardians. A copy of any report created by Instructional Services will be sent to the school for inclusion in the student record. Reports of a particularly sensitive nature, which are not relevant to the education of the student, may be excluded at the discretion of Instructional Services.
1.4
Information from other school districts will be kept in the student record file. If the information from other school districts is either: 1.4.1
A formal intellectual, behavioural or emotional assessment or evaluation or
1.4.2
An interpretive report relating to the student.
The receiving school will notify Instructional Services for the purposes of review, follow-up and the creation of a file with Instructional Services records. 1.5
When information is received in Instructional Services from outside agencies or sources, then it is reviewed by Instructional Services personnel and, unless it is of a particularly sensitive nature and not relevant to the education of the student, a copy is sent to that student's home school to be placed in the individual's student record file.
Calgary Roman Catholic Separate School District No. 1 Administrative Procedures Manual
April 2016 Page 1 of 5
1.6
When the student leaves the district, the exit date is written on the file, a copy of the latest progress report is placed on file and, if it is before the end of the school year, a student attendance profile is created in PowerSchool and placed on file. The student record file and the Instructional Services file are to be forwarded to Student Records at St. Brother Andre Centre.
1.7
The student record file must also contain any information that the parent/legal guardian of that student wishes to place there.
1.8
The student record file must not contain: 1.8.1
Immunization Records or a copy of the students Alberta Health Care card.
1.8.2
Young Offender Information - All information relating to student status under the Youth Criminal Justice Act MUST be filed separately with access restricted to those with a need to know.
1.8.3
Incident Reports, in hard copy or electronic files. If the notes do not relate to an education program or plan, they must be filed separately.
1.8.4
Child Welfare Information - All information relating to child welfare complaints or concerns MUST be filed separately with access restricted to those with a need to know.
1.8.5
Personal counselling notes of a sensitive nature - If the notes do not relate to an education program or plan, they must be filed separately.
1.8.6
Notes and observations not used in program placement.
1.8.7
Art work, writing samples and other samples of student work.
2. Access to the Student Record File 2.1
Employees of the district who need the information to perform their job duties. This means that teachers, educational assistants and other staff members can view the student record on a "need to know" basis.
2.2
Student Record Regulation recognizes disclosures similar to these under the Freedom of Information and Protection of Privacy Act, and states that the contents of the student record shall only be disclosed to: 2.2.1
The student;
2.2.2
The student's parent/legal guardian, except where the student is 18 years of age or older or has "independent student" status;
2.2.3
A person who has access to the student under a separation agreement or an order of a court;
2.2.4
The Minster of Education for the purposes of carrying out any program or policy under the Minister's administration. This gives the district the ability to disclose personal information from the student record to the Minister;
2.2.5
Another individual with the written consent of: ●
The parent/legal guardian if the student is under 16 years of age;
Calgary Roman Catholic Separate School District No. 1 Administrative Procedures Manual
April 2016 Page 2 of 5
2.2.6
2.3
●
The student or the parent/legal guardian if the student is over 16 years of age;
●
The student only if the student is 18 years of age or older or has "independent student status";
The Department of Justice for the purpose of administering the Youth Criminal Justice Act (principals are to seek advice from the Privacy and Information Coordinator for this kind of disclosure).
Principals are advised that the Student Records Regulation also allows them to disclose the following information to public health nurses in order to facilitate voluntary health programs: 2.3.1
A student’s name, address, date of birth, sex and school, and
2.3.2
The name, address and telephone number of the student’s parent or legal guardian.
2.4
Disclosure to any other person or agency is at the discretion of, and under the direction of the Privacy and Information Coordinator.
2.5
If the student record is properly maintained, and the student is under 18 years old, all the contents of the file may be disclosed to the parents/legal guardian. This includes reports marked confidential. There is no FOIP issue.
3. Transmission of Student Information 3.1
3.2
All information pertaining to a student is confidential. No person who is not an employee of the district, with the exception of authorized child welfare personnel, will be provided with information about the student without the written consent of: 3.1.1
The parent/legal guardian if the student is under 16 years of age;
3.1.2
The student or the parent/legal guardian if the student is over 16 years of age;
3.1.3
The student only if the student is 18 years of age or older or has "independent student status";
The Student Record Regulation clearly states that certain information must not form part of the student record. The following information can only be disclosed in accordance with the FOIP Act and as a result all requests must be discussed with the district's Privacy and Information Coordinator: 3.2.1
Notes and observations, such as Incident Reports, prepared by and for the exclusive use of a teacher, educational assistant, counsellor or principal, and that are not used in program placement decisions;
3.2.2
A report or an investigation record relating to the student under the Child Welfare Act;
3.2.3
Counselling records relating to the student that is or may be personal, sensitive or embarrassing to the student;
Calgary Roman Catholic Separate School District No. 1 Administrative Procedures Manual
April 2016 Page 3 of 5
3.2.4
Any information that identifies a student as a young person as defined in the Youth Criminal Justice Act and all information relating to that student in that capacity.
3.3
The confidentiality of these records requires that they be maintained by the principal or the designate.
3.4
It is the sole responsibility of the Student Records department to supply a copy of the student record to the new school after insuring that the contents are in accordance with the requirements of the Student Record Regulation, FOIP and district administrative procedures. The school from which the student is leaving includes in the student file folder a copy of the most recent progress report, and if the student is leaving before year end, a copy of the student attendance profile. The student file folder is forwarded to Student Records as soon as possible.
3.5
When a parent/legal guardian requests access to their child's student record (providing the child is under the age of eighteen), or a student requests access to their own student record, the request will be complied at the earliest opportunity at the convenience of the parent/legal guardian / student and the school personnel. It is advisable for the principal to review the contents of the student record file to ensure it is complete.
3.6
The parent/legal guardian and/or the student will review the student record file only in the presence of a staff member.
3.7
If a parent/legal guardian or student wishes to review a test, test result, evaluation or information, competent personnel are to be available to explain or interpret the information. Whenever possible the originators of the information are to be involved.
4. Retention of Student Information 4.1
Student Record File (cumulative file). This is the main file that is kept at the school and will eventually contain the complete educational history of the student. It is retained for seven (7) years after the student would have graduated.
4.2
The suspension letter is retained on the Student Record File for three (3) years. The suspension report and reinstatement letter are retained on the principal’s file.
4.3
Medication Forms are maintained on the official student record. They are retained for the current year only.
4.4
Student Records - ESL. The year-end progress report, any tests that might have been given and the background information questionnaire are placed on the official student record.
4.5
Student Records - Early Corrective Learning. Once the program is complete the ECL registration, year-end progress report and any summary information are placed on the official student record.
4.6
Anecdotal Records. These records do not go into the official student record and are maintained by the teacher or educational assistant. They are retained for the current year plus three.
Calgary Roman Catholic Separate School District No. 1 Administrative Procedures Manual
April 2016 Page 4 of 5
4.7
Student Records – Youth Criminal Justice System. These records are kept in the office of the principal and access to them is restricted. They must not be placed on the official student record. They are destroyed on notification from the youth worker or when the student leaves the school.
4.8
Student Records - Counselling. These records are kept in the counselling office and access to them is restricted. They must not be placed on the official student record. They are retained for three years after the student has graduated.
4.9
Information Requests. Requests for copies of student information are always in writing. These are placed on the student file.
Approval Date:
April 12, 2016
Reference:
School Act Section 15, 18, 20, 23, 39, 40, 41, 43, 60, 61, 113, 123, 124 Child, Youth and Family Enhancement Act Freedom of Information and Protection of Privacy Act Public Health Act Social Development Act Vital Statistics Act Youth Justice Act Section 23 Canadian Charter of Rights and Freedoms Youth Criminal Justice Act Freedom of Information and Protection of Privacy Regulation 186/2008 Student Record Regulation 225/2006 Student Evaluation Regulation 177/2003 Children First Act Disclosure of Information Regulation 231/2013
Calgary Roman Catholic Separate School District No. 1 Administrative Procedures Manual
April 2016 Page 5 of 5