PARENTAL ACCESS TO STUDENT RECORDS & STUDENT INFORMATION

Background

The District recognizes that positive communications between home and school contribute to student success and that parents are entitled to student records pursuant to the School Act.  Students have rights of access to their own records under the School Act and the Freedom of Information and Protection of Privacy Act.  Guardians with parental responsibilities may exercise these rights on behalf of children too young to exercise them for themselves.  The School Act also recognizes a “joint” right of students and parents to inspect student records, as defined in the School Act.

The District will endeavor to facilitate access to student records for guardians with parental responsibilities to the extent legally appropriate and reasonable in all the circumstances.  In making decisions regarding the disclosure of student records to a student's parents, the District will be guided by the School Act, the Freedom of Information and Protection of Privacy Act, the Family Law Act and other relevant legal considerations, and the best interests of students.

Procedures

1. In accordance with the School Act, a parent (or student) is entitled, on request, in a timely manner, and while accompanied by the Principal, to access and examine all student records pertaining to that student and receive a copy, at no charge, of any such record.
2. In order for a person to be entitled to exercise the rights of a parent as defined in the School Act, including accessing student records, the person must either be:
   1. The guardian of the student;
   2. The person legally entitled to custody of the student [parental responsibilities]; or
   3. The person who usually has the care and control of the student.
3. In accordance with the Family Law Act, a guardian is a person who is responsible for caring for and making decisions for a child.Guardianship constitutes parental responsibilities and parenting time.“Guardianship agreement” is the term used to describe the parts of an agreement or order that deal with parental responsibilities and parenting time.Only a guardian may have parental responsibilities and parenting time.
4. Persons who have access rights under a Court Order or Separation Agreement are entitled to access and examine student records in accordance with that Order or Agreement.If not specified, that right would normally include the right for a parent or guardian to receive report cards and attendance information.
5. As a practical matter, the primary contact with the Principal shall be the person who has parental responsibilities for a child.Where the Principal requires information or direction regarding the disclosure of student records and information, the contact is to be with the guardian who has parental responsibility.
6. Principals are not to become engaged in disputes between guardians about the disclosure of student records.If there is no governing Court Order and the guardians disagree about the disclosure of student records, direction is to be taken from the guardian with parental responsibilities until the matter is clarified by a Court Order or subsequent agreement between the parents.Disputes of this nature that cannot be resolved at the school level are to be referred by school administrators to the Superintendent.
7. It is the responsibility of guardians to provide the Principal with copies of any legal documentation, usually in the form of a Court Order or Separation Agreement, which stipulates relevant parenting arrangements, including details of any protection orders against a parent.A guardian with no apparent parental responsibility seeking access to student records shall be required to provide the Principal with legal documentation confirming that they are entitled to those records.If there is a change in the legal status of the parents, it is up to the parents to bring it to the attention of the Principal.The Principal is to request a copy of the changed order or agreement.
8. Both guardians may attend a parent-teacher conference, provided that such participation is not prohibited by Court Order or Separation Agreement, and that it is reasonable for such joint participation.Typically, the Principal will only schedule one parent conference per child.If both guardians wish to attend a parent-teacher interview at school and one guardian objects to the other’s attendance, if the guardian in question has no apparent right under the School Act, Court Order or Separation Agreement to attend such a meeting, then the Principal is to abide by the direction of the order or agreement.
9. If the Principal has any questions concerning the validity or meaning of a Court Order or Separation Agreement, or any concerns relating to parenting arrangements, they are to seek advice from the Superintendent.
10. School administrators and staff are not to give the appearance of support for one parent or the other in the event of a dispute.Requests for cooperation on evidence and subpoenas is to be directed to the Superintendent prior to the school staff providing any information.
11. The Freedom of Information and Protection of Privacy Act strictly guards the confidentiality of student personal information.Disclosure to third parties is only allowed as specifically provided for in that Act or required by another enactment.