STUDENT RECORDS

Background

The District is a public body under the Freedom of Information and Protection of Privacy Act (FOIPPA or the Act). As a public body, the District has an obligation to protect the personal information of students and their parents and other family members against unauthorized collection, use or disclosure.  For FOIPPA purposes, “employee” also includes a service provider or volunteer.  Section 77 of FOIPPA requires the District to designate a Head for purposes of the Act and permits the District to designate or Coordinator to administer the Act and make operational decisions.  The District recognizes that all procedures for the collection and storing of personal information by District staff in the course of affairs and procedures regulating the release of information to other parties must follow provisions of the Freedom of Information and Protection of Privacy Act (FOIPPA).

The District will create and maintain a student record system (both on paper and electronically) that efficiently and accurately reflects the current and historic status of all students as required by current legislation.  The records will be used in accordance with the Freedom of Information and Protection of Privacy Act (the Act).  As required under Section 77 of the Act, the Board has designated the Superintendent as the official Head of the District for the purposes of the Freedom of Information and Protection of Privacy Act.  As permitted under Section 77(b) of the Act, the District has authorized the Secretary-Treasurer to administer the Act and make operational decisions.

Definition

Personal information means recorded information about an identifiable individual other than business contact information.  For students, this would include name, home contact information, grades, attendance, special needs, medical information and photograph.

Student Records means all records pertaining to students in either electronic or paper form.

Procedures

1. The District, through appropriate staff, will:
   1. Collect personal information where the collection is expressly authorized by or under an Act (i.e., the School Act) or where the information relates directly and is necessary for an operating program or activity of the public body (the delivery of an educational program to students enrolled in the District) pursuant to Section 26 of FOIPPA.
   2. Ensure that there is appropriate control and use of the collection of personal information from individuals in accordance with the Act.
   3. Allow individuals, subject to limited and specific exceptions as set out in the Act, a right of access to personal information about themselves and other individuals that is held by the District.
   4. Adhere to a parents’ objection to the collection or use of certain information about them or their child’s personal information if it can be accommodated
   5. Pursuant to Section 27 of FOIPPA, give notification to the individual of the personal information that is collected of: the purpose for collecting it; the legal authority for the collection, and; the name and contact information for a District employee or representative who can answer the individual’s questions about the collection.
   6. Obtain consent for optional or secondary uses of students’ personal information.
   7. Allow individuals a right to request corrections to personal information about themselves that is held by the District.
   8. Provide information to individuals about their right, under the Act, to request the Office of the Information and Privacy Commissioner to review the District’s access request decisions or its privacy protection decisions or practices.
   9. Charge fees in accordance with the Act.
   10. Expect that parents will be responsible for the provision of current court orders and/or agreements relative to parental responsibilities.The District will operate under orders and information on file.
2. Student records shall be subject to the following procedures regarding content and notification.
   1. Content of Student Records
      1. Student records shall include the Permanent Student Record and Student File as defined by the Ministry of Education.Where applicable, student records shall also contain records from the Student Information System, Health Service information, Support Service information, Court Orders and/or agreements, legal documents such as name change or immigration records, Student Learning Plan and Individual Education Plan, any notification that a student is registered as receiving home schooling.
      2. Student records shall contain the information needed by the provincial student information system.
      3. Student records shall contain information about student incidents such as bullying, intimidation, altercations or fights, acts of vandalism and theft may include the student’s name, home contact information, comments about the student made by other students or District employees, medical information and photographs or video images.
      4. Student records shall contain psychologists’ notes as defined by the College of Psychologists’ of BC.The psychology records are stored separately and securely from other student records.
   2. Annual notification
      1. Annual notification will be provided, pursuant to section 27 of FOIPPA, to the individual from whom a student’s personal information will be collected in order to explain:the purpose for collecting the information; the legal authority for the collection of the information; and the name and contact information for a District employee or representative who can answer the individual’s questions about the collection.
3. General
   1. The Principal is responsible for the establishment and maintenance of both a Permanent Record Card and a school file for each student registered in his or her school.
   2. Notes prepared by and for the exclusive use of a teacher or administrator are not considered part of the student's school file but are subject to the requirements of the Freedom of Information and Protection of Privacy Act.
   3. A record shall be maintained for each student utilizing the standard form prescribed by the Ministry of Education and containing such information as is directly useful in facilitating and furthering the student's education.
      1. School progress and achievement history
      2. Individual educational plans
      3. Medical information as provided at the option of the parent or public health
      4. A summary of interpretive tests and/or interpretive reports based on such tests. All such entries shall include the name of the person conducting the test and the entry date.
      5. Professional assessment reports from staff and/or from outside agencies
      6. Demographic information including legal name, birthdate, legal guardianship, citizenship and visa information, custody and access papers if applicable and other information required by the Ministry of Education
   4. It shall be the responsibility of principals to ensure that records are kept up-to-date and principals will determine the manner in which records are kept.
   5. Other information relative to a student's progress in school may be added to the student's records in accordance with procedures adopted by the Principal.
   6. Principals shall develop procedures to ensure the confidentiality of student records. Such procedures shall specify security measures utilized, procedures to gain access to information for teachers, parents and students, location of information and a list of those items normally kept on file in the record.
   7. The student's school file shall contain a reference to the location of any information that is being maintained outside the central file.
4. Access to Student Records
   1. A student or parents shall have the right to review the student's records by arrangement through the Principal, accessible pursuant to Administrative Procedure 320 Appendix (Parental Access to Student Records and Student Information)
   2. Access to student records shall be as follows:
      1. Achievement records will be forwarded to prospective employers, or others, only upon the written request of the student or former student or parent.
      2. When a parent or student seeks access to a student's records, the Principal shall comply with the request within a one week period.
      3. At the school level, the Principal will accompany the parent and/or the student as the student's file is reviewed and will be available to interpret all records for the parent and student.
      4. At the District level the Director of Instruction, Diversity and Inclusion will accompany the parent and/or student as the student’s file is reviewed and will be available to interpret all records for the parent and student.
      5. Copies of the contents of files will be issued to the student and parent when they are asked for in writing.
      6. As appropriate, provision shall be made for students to have access to their own school records.
      7. Highly sensitive reports arising from psychological, psychiatric, sociological and psycho-sociological assessments or observations conducted by personnel employed or contracted by the District will be kept in a separate Learning Services confidential file controlled by the Principal with a notation of the existence of the file maintained in the student file.
         These reports will be:
         1. Shared with parents and/or students upon request;
         2. Interpreted appropriately, if requested, by qualified professional staff for the parents and students as completed - in keeping with the best interest of the child, and the District would prefer that records will be reviewed by parents prior to interpretation for the student;
      8. Non-District agencies, other than those specified in the School Act, applicable Ministerial Orders, and other legislation, will be permitted access to a student's record only with written consent of the parent;
         1. Any dispute regarding who has a right to know what is in the file can be appealed to the Superintendent for final determination;
      9. A person providing health services, social services or other support services under Section 88 of the School Act shall be granted access to any information in a student record which may be required to carry out their duties.
5. Transfer of Records
   1. Each Principal shall maintain a record of details involved in the transmission of the student files for which they are responsible. The records shall include: student name, date of birth, name and address of receiving school, and date of transmission.
   2. A student's file shall be transferred to another educational institution in which the student has enrolled in accordance with the following guidelines:
      1. District: The student file shall be transferred without delay upon receipt of a written request from the Principal of the receiving school.
      2. British Columbia Public Schools outside the District:The student file shall be transferred without delay upon receipt of a written request from the Principal of the receiving school.
      3. Schools outside the BC Public School System (i.e., independent schools, out-of-province):Copies of the student file and copies of the Permanent Student Record shall be transferred without delay upon receipt of a written request from the Principal of the receiving school supported by a written request for the transfer of the file made by the parent or legal representative of the student, or by the student if they are an adult.
      4. All confidential files shall be transferred without delay upon receipt of a written request from the Principal of the receiving school supported by a written request for the transfer of the file made by the parent or legal representative of the student, or by the student if they are an adult.
      5. These requests shall then be stored with the student's Permanent Student Record which is retained in the BC public school system.
6. Retention of Records
   1. The Permanent Record Card and selective information shall be contained in the student record and be retained by the school when a student withdraws from school or graduates.
   2. All general information (i.e. internal reports, referrals etc.) contained in a student record must be kept until the student reaches the age of twenty-two (22) years.
   3. All psychologist records must be kept until the student reaches the age of twenty six (26) years.
   4. Graduated Students - the permanent Record Card and Official Student Transcript shall be filed by graduation year, alphabetically and shall be kept for fifty five (55) years after the date of graduation by each secondary school.
   5. Withdrawn Students - when a student withdraws from the system, report cards for the last two (2) years shall be kept with the Permanent Record Card.The student record shall be filed by birth year, alphabetically and be retained for fifty-five (55) years after the student would normally have graduated.
7. Removal or Correction of Student Records
   1. As permitted in Section 29 of the Freedom of Information and Protection of Privacy Act, students or parents may request the District to correct or remove entries in a student record. Such a request must be made in writing, either on forms provided or in a letter.
   2. The Principal, upon receiving such a request, is to make a recommendation to the Secretary-Treasurer, who may consult with the Superintendent before making a final decision.
   3. If the District denies the request, the District must annotate the information (i.e., add to the student record) with the correction that was requested but not made.
      1. Also, the applicant shall be informed of the right to appeal to the Office of the Information and Privacy Commissioner.
8. Notification of the Collection and Retention of Student Records
   1. Under section 27 of FOIPPA, the District must give notification to the individual from whom it collects personal information of: the purpose for collecting it; the legal authority for the collection, and; the name and contact information for a District employee or representative who can answer the individual’s questions about the collection.
   2. Annually, Principals must ensure that students and parents receive this message by letter, e-mail, newsletter or form:
      1. “The information on this form is collected under the authority of the School Act, Sections 13 and 79. The information provided will be used for educational programs and administrative purposes, and when required may be provided to health services, social services or support services as outlined in Section 79(2) of the School Act. The information collected on this form will be protected consistent with the Freedom of Information and Protection of Privacy Act. If you have any questions about the information recorded on this form, please contact the Principal.”
9. Collection of Information as a result of an incident
   1. Incidents refer to bullying, intimidation, altercations or fights involving two or more students, acts of vandalism and theft.Section 26 of FOIPPA confirms that the District may collect personal information where the collection is expressly authorized by or under an Act (i.e. the School Act) or where the information relates directly and is necessary for an operating program or activity of the public body (the delivery of an educational program to students enrolled in the District).When recording information about an incident it is important that employees include all information necessary for others to understand the extent of the incident and to assist decision-makers in making an informed decision.
   2. Practical tips for recording personal and other information related to incidents are as follows:
      1. Record factual information – what you observed or heard.
      2. Use professional language and observations or comments as students involved in the incident or their parents may request access to records and information about the incident.
      3. Where possible or appropriate, separate the personal information of different individuals involved in the incident. For example, in an altercation between two students, create a separate record or report from each student’s perspective.
      4. Unless necessary, do not identify other individuals (third parties) in a report that focuses on a particular student. Instead you could refer to the “other student,” “student’s father” or “homeowner.”
      5. At all times, limit access to records about the incident to those employees who have a “need-to-know” what happened or are involved in making a decision related to an appropriate response to, or discipline or sanctions arising from, the incident.
      6. Store personal and other information related to the incident separately from other less sensitive information in a student’s file or store the incident information in a different location.
      7. Under FOIPPA, personal information used in making a decision that directly affects the individual must be retained by the District for at least one year so that the student, parents or others may request access to the information.
      8. The District’s records management Administrative Procedure requires that information about (serious, critical) incidents must be kept for two years or until after the student withdraws from the system so that teachers or administrators, on a “need-to-know” basis, in the school, other schools or other Districts would still have access to the information.
10. Requests for documents under the Freedom of Information and Protection of Privacy Act:
    1. The Secretary-Treasurer is responsible for ensuring that the District complies with the provisions of the Act.
    2. All persons making requests for the release of information shall be notified as to appeal provisions under the Act.