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520: Student Records Management

Date: August 27, 2021

Responsible Administrators:
Associate Superintendent, Corporate Services
Associate Superintendent, Education Services


PURPOSE

The Education Act directs that the Board ensure that a system of recording information is in place for each student enrolled in its schools.

A Student Record shall be established and maintained at the highest standard of integrity. It must be treated as confidential to the student, the parent/legal guardian, and to The Sturgeon Public School Division staff, and shall be used to promote the educational welfare of students.

PROCESS

The Associate Superintendent, Corporate Services and the Associate Superintendent, Education Services are responsible for maintaining this Administrative Procedure and ensuring that the policies and procedures established by the Board relating to Student Records comply with the Student Record Regulation and the Freedom of Information and Protection of Privacy Act (FOIP).

PROCEDURE

1. For the purpose of this Administrative Procedure:

1.1 An independent student means a student who is:

1.1.1 18 years of age or older; or

1.1.2 16 years of age or older; and

1.1.2.1 who is living independently as determined by the Board in accordance with section 6 of the Education Act; or

1.1.2.2 party to an agreement under the Child, Youth and Family Enhancement Act, section 57.2.

1.2 Parent, unless otherwise specified, means in respect of a student or a child enrolled in an early childhood services program. Subject to subsection 1.2.6,

1.2.1 the guardian as set out in section 20 of the Family Law Act;

1.2.2 the guardian appointed under Part 1, Division 5 of the Child, Youth and Family Enhancement Act, if the guardian notifies the Board in writing of the guardian’s appointment; or

1.2.3 the guardian appointed under section 22 or 23 of the Family Law Act, if the guardian notifies the Board in writing of the guardian’s appointment;

1.2.4 notwithstanding subsection 1.2.1, 1.2.2 and 1.2.3, the guardian of a student appointed under:

1.2.4.1 a temporary or permanent guardianship order under section 31 or 34 of the Child, Youth and Family Enhancement Act;

1.2.4.2 a permanent guardianship agreement under section 11 of the Child, Youth and Family Enhancement Act; or

1.2.4.3 a private guardianship order under section 56 of the Child, Youth and Family Enhancement Act, if the guardian notifies the Board in writing of the guardian’s appointment; or

1.2.5 notwithstanding subsection 1.2.1, 1.2.2, 1.2.3 and 1.2.4, the Minister of Justice and Solicitor General, if the student is in custody under the Corrections Act, the Corrections and Conditional Release Act (Canada), or the Youth Criminal Justice Act (Canada); and

1.2.6 the authority of a guardian to act under the Education Act is subject to any limitation imposed by law on the authority of the guardian, and where a person claims to be a parent or guardian or claims the existence of any limitation on the authority of a parent or guardian, the onus is on that person to provide proof of the claim.

2. Student means a person who is:

2.1 enrolled in a school; or

2.2 required by the Education Act to attend school but does not include a child younger than six (6) years of age who is enrolled in an early childhood services program.

3. Administration of Security

3.1 The Associate Superintendent, Education Services is responsible for record maintenance, security, and access to Student Records at the system level.

3.2 The school principal is responsible for record maintenance, security, and access to Student Records at the school level; and

3.3 All reasonable efforts must be taken to ensure that Student Records and Confidential Records are kept secure and confidential.

3.4 Files and other paper records must be kept in locked containers or in rooms that are not freely accessible to those who have neither a custodial responsibility nor a requirement for the performance of their duties; and

3.5 Electronic Student Records must be protected using access controls, including security levels, passwords, and other controls and procedures established by the Associate Superintendent, Education Services and school principals or their designate.

4. Types of Records

4.1 Student Record

4.1.1 A record is maintained for each student or child in the school in which that student is enrolled. It shall contain all information that is directly useful in facilitating the student or child’s education and shall contain all information required in Education Act, Student Record Regulation;

4.1.2 The school principal or designate is responsible for establishing a Student Record for each student upon the student’s initial registration at Sturgeon Public Schools; and

4.1.3 The school principal or designate is responsible for updating Student Records annually.

4.2 Confidential Record

4.2.1 A Confidential Record is a record kept separate from the Student Record and it contains information of a sensitive nature, the disclosure of which, in the opinion of the Superintendent/CEO, would clearly be injurious to the student or child; and

4.2.2 Retention and storage of Confidential Records must adhere to the standards of the professional regulatory body which guides the record keeper ie: Social Work, Psychology. Counselling notes created by teaching staff and others not governed by another professional regulation, should be kept for a minimum period of one (1) full school year following the last supports provided to the student, with record destruction in June. Reports or materials placed in confidential files shall be stamped “Confidential” and must be stored in a locked container. The Student Record will indicate the existence of a Confidential Record.

5. Information included in Student Record

5.1 The Student Record for a student or child must contain all information affecting the decisions made about the education of the student or child that is collected and maintained by a Board, regardless of the manner in which the Student Record is maintained or stored, including:

5.1.1 the student’s or child’s name;

5.1.1.1 as registered under the Vital Statistics Act if the student or child was born in Alberta;

5.1.1.2 as registered under the applicable legislation of the province or territory in which the student or child was born, if the student or child was born in a province or territory of Canada other than Alberta; or

5.1.1.3 as shown on the documents under which the student or child was lawfully admitted to Canada, if the student or child was born outside of Canada and any other surnames by which the student or child is known.

5.1.2 the student identification number assigned to the student by the Minister and any student identification number assigned to the student or child by The Sturgeon Public School Division;

5.1.3 the name of the student’s or child’s parent or guardian;

5.1.4 proof of guardianship of the student or child and any documents evidencing limits on the guardianship of the student or child;

5.1.5 the birth date of the student or child;

5.1.6 the gender of the student or child;

5.1.7 the addresses, email addresses and telephone numbers of the student or child and of the student’s or child’s parent or guardian;

5.1.8 the name of the resident Board of the student;

5.1.9 the citizenship of the student or child and, if the student or child is not a Canadian citizen, the type of document pursuant to which the student or child is lawfully entitled to remain in Canada, and the expiry date of that document;

5.1.10 the names of all schools attended by the student or child in Alberta and the dates of enrolment, if known except for the names of any schools in respect of which including the name of the school would be contrary to subsection 7.1.4;

5.1.11 an annual summary, or a summary at the end of each semester, of the student’s or child’s achievement or progress in the courses and programs in which the student is enrolled;

5.1.12 the results obtained by the student or child on any:

5.1.12.1 provincial assessment under a program established by the Minister;

5.1.12.2 diagnostic test; and

5.1.12.3 standardized tests, under any testing program to all or a large portion of the students or children or to a specific grade level of students.

5.1.13 any accommodation or exemption in respect of a provincial assessment under a program established by the Minister;

5.1.14 in relation to any formal intellectual, behavioral or emotional assessment or evaluation administered individually to the student or child;

5.1.14.1 the name of the assessment or evaluation, a summary of the results of the assessment or evaluation, the date of the assessment or evaluation, the name of the individual who administered the assessment or evaluation; any interpretive report relating to the assessment or evaluation, and any action taken as program planning as a result of the assessment, evaluation or interpretive report, including, without limitation, the provision of specialized supports or services.

5.1.15 in relation to any formal intellectual, behavioral or emotional assessment or evaluation requested by the student’s or child’s parent or guardian and administered to the student or child by an independent party;

5.1.15.1 the name of the assessment or evaluation, a summary of the results of the assessment or evaluation, the date of the assessment or evaluation, the name of the individual who administered the assessment or evaluation; any interpretive report relating to the assessment or evaluation, and any action taken as program planning as a result of the assessment, evaluation or interpretive report, including, without limitation, the provision of specialized supports or services.

5.1.16 any health information that the parent or guardian of the student or child or the student wishes to be placed on the Student Record;

5.1.17 an annual summary of the student’s or child’s school attendance;

5.1.18 information about any suspension of more than one day or expulsion relating to the student or the student’s rights pursuant to the Education Act, must be:

5.1.18.1 retained in the Student Record for a student; and

5.1.18.2 be removed from the Student Record for a student not later than three (3) years after the date on which the suspension or expulsion began.

5.1.19 if the parent or guardian of the student or child has the right to have the student or child receive primary and secondary school instruction in the French language under section 23 of the Canadian Charter of Rights and Freedoms, a notation to indicate that and a notation to indicate whether the parent or guardian wishes to exercise that right;

5.1.20 if the parent or guardian of the student or child or the student or child wishes to provide information that the student is of aboriginal ancestry, a notation indicating whether the student or child is Status Indian/First Nations, Non-Status Indian/First Nations, Métis or Inuit; and

5.1.21 if an individualized program plan is specifically devised for a student or child for a school year, the plan and any amendments to the plan must be placed on the Student Record of that student or child in addition to summaries of all individualized program plans for previous school years for that student or child.

5.2 Each year that a student or child is enrolled in a school operated by The Sturgeon Public School Division, the principal or designate must ensure that:

5.2.1 information included in the Student Record, subsection 5.1 must be updated in the Student Record for the student or child annually; and

5.2.2 any information to which subsection 5.1.18.2 applies is removed from the Student Record for the student or child annually.

6. The Sturgeon Public School Division will require a student’s or child’s parent/guardian or an independent student to provide an acceptable, legible copy of:

6.1 the student’s or child’s Birth Certificate, and, if applicable, Change of Name Certificate, if the student or child was born in Canada; or

6.2 another official document acceptable to the Division, referred to in subsection 5.1.1.3, if the student or child was born outside Canada; and

6.3 the student’s or child’s Canadian Citizenship Certificate or the document pursuant to which the student or child is lawfully admitted to Canada for permanent or temporary residence.

7. The Student Record for a student or child maintained or retained by The Sturgeon Public School Division must not include:

7.1 any information contained in:

7.1.1 notes and observations prepared by and for the exclusive use of a teacher, teacher assistant, counsellor or principal that are not used in program placement decisions; and

7.1.2 a report or an investigation record relating to the student or child under the Child, Youth and Family Enhancement Act; or

7.1.3 counselling records relating to the student or child that are or may be personal, sensitive, or embarrassing to the student, unless subsection 8 applies; or

7.1.4 any information that identifies a student as a young person as defined in the Youth Justice Act or the Youth Criminal Justice Act (Canada) and all information relating to that student in that capacity.

8. The Sturgeon Public School Division may include in a Student Record any information referred to in subsection 7.1.3 if, in the Board’s opinion, inclusion of the information in the Student Record would be:

8.1 in the public interest; or

8.2 necessary to ensure the safety of students or children and staff.

9. The Division will exclude from a Student Record a test instrument or any part of it relating to a test, examination, assessment or evaluation referred to in subsection 5.1.12, 5.1.14 or 5.1.15, but if there is an appeal relating to the test, examination, assessment or evaluation or an evaluation of a student or child in respect of the test, examination, assessment, or evaluation, the persons referred to under section 56(3) of the Education Act may review the test instrument as if it were part of the Student Record.

10. Access to Student Records

10.1 The Associate Superintendent, Education Services or the school principal shall ensure that the persons who, under section 56 of the Education Act, are entitled to review the Student Record of a student or child are informed that they are entitled to review the Student Record;

10.1.1 The following persons may review the Student Record maintained in respect of a student or child enrolled in an early childhood services program:

10.1.1.1 the student;

10.1.1.2 the student’s parent or guardian, except where the student is an independent student; or

10.1.1.3 the parent or guardian of a child enrolled in an early childhood services program.

10.2 The Associate Superintendent Corporate Services, or the school principal, must ensure that the contents of a Student Record are disclosed;

10.2.1 in accordance with the Freedom of Information and Protection of Privacy Act (FOIP);

10.2.2 in accordance with sections 56 and 70 of the Education Act;

10.2.3 to an employee of The Sturgeon Public School Division, if the information in the Student Record is necessary for the performance of the duties of the employee;

10.2.4 to the Minister of Education if the information is necessary for the performance of the duties of the Minister;

10.2.5 with proof of identity to:

10.2.5.1 the parent/guardian in the case of a child or a student who is under 16 years of age, or

10.2.5.2 the student or the parent/guardian in the case of a student is 16 years of age or older.

10.2.6 to the Department of Justice and Solicitor General or its designate when requested by the Department or its designate;

10.2.7 to a Medical Officer of Health (MOH) as defined in the Public Health Act or their designate, at their written request, for the purpose of contacting a parent or guardian of a student, or contacting an independent student, respecting voluntary health programs, including immunization, hearing, vision, speech and dental health programs, and for the purpose of communicable disease control;

10.2.7.1 a student’s name, address, postal code, date of birth, gender, grade level and school; and

10.2.7.2 the name, address, postal code, telephone number and electronic address;

10.2.7.2.1 of parent or guardian of a student other than an independent student, or

10.2.7.2.2 of an independent student; and

10.2.7.2.3 any other information prescribed in the regulations.

10.2.8 to a Child Welfare Worker at their written request, subject to the Child, Youth and Family Enhancement Act and the workers presentation of picture identification containing their employee number;

10.2.9 to a school in accordance with the provisions for transfer of a Student Record in subsection 13 of this Administrative Procedure;

10.2.10 in accordance with any other regulation under the Act, or

10.2.11 upon request from either a Francophone regional authority or the Minister of Education for the purpose of disclosing information to a Francophone regional authority, disclose the name, address, date of birth, gender and school of a student or child whose parent or guardian has been noted under subsection 5.1.19, as having a right to have the student or child receive primary and secondary school instruction in the French Language under section 23 of the Canadian Charter of Rights and Freedoms and the name address and telephone number of the student’s or child’s parent or guardian.

11. Procedure for access to Student Records

11.1 Before access is given to a Student Record, the record must be reviewed by the school principal or designate, in accordance with the Freedom of Information and Protection of Privacy Act (FOIP), to ensure that there is no reference to, or personal information of others, included in the Student Record;

11.2 Information about a student that is excluded from the Student Record under subsection 5 of this Administrative Procedure may be requested under FOIP;

11.3 Persons who are entitled to examine the contents of a Student Record may do so on an appointment basis. The appointment can be made at the location where the record is housed or at another suitable place in the presence of the Associate Superintendent, Education Services, school principal or their designate;

11.4 When a Student Record contains information, a test result or an evaluation or information administered by an employee or an agent of the Division who has relevant recognized expertise or training in the subject area, arrangements must be made as soon as possible for the employee, agent or a suitable alternate to be available for the purpose of providing an explanation and interpretation of its contents; and

11.5 When a record contains information prepared by a person who is not an employee or agent of the Division, the person who wishes to review, or has reviewed, the record must be referred to the originator of the information for an explanation and interpretation of its contents.

11.6 A request for a copy of a Student Record by an individual or agency other than a school to which the student has newly transferred must:

11.6.1 be in writing, include the identity of the individual or agency making the request and include a signature; and

11.6.2 identify what part of the record is to be released. In the event of a request for a paper copy of the Student Record, a cost recovery copying fee will apply.

12. Transfer of The Sturgeon Public School Division Student Records

12.1 Parental consent is not required to transfer The Sturgeon Public School Division Student Records;

12.2 If a student transfers from the Division to another school in Alberta:

12.2.1 the principal or designate of the school from which the student or child transfers may disclose the Student Record for the student or child containing the information referred to in subsection 5.1 to the receiving school; and

12.2.2 the school to which the student or child transfers may collect the Student Record for the student or child containing the information referred to in subsection 5.1.

12.3 If the Student Record for a student or child who transfers from a school in Alberta to another school in Alberta is not in electronic form, the Board from which the student or child transfers must, on receipt of a written request from the school to which the student or child transfers, send the original Student Record for the student or child containing the information referred to in subsection 5.1;

12.4 If a student or child transfers from the Division to a school outside Alberta, the Associate Superintendent, Education Services or designate must:

12.4.1 send a copy of the student record for the student or child containing the information referred to in section 5.1; and

12.4.2 keep the original digital record for at least seven (7) years after the date the student could be expected to have completed grade 12, if the student had not transferred from the school. 12.5 Additional documentation may be required for transfer of Student Records outside of Alberta or Canada.

13. Maintenance and storage of Inactive Student Records

13.1 Inactive Student Records will be centrally stored in the Division Central Office and will be maintained in accordance with record retention guidelines, pursuant to the Education Act Student Record Regulation.

14. Retention of Student Record

14.1 The Sturgeon Public School Division must retain the Student Record for a student or child containing the information referred to in subsection 5.1 for seven (7) years after the student or child ceases to attend a school operated by the Division or until the Student Record has been provided in accordance with subsection 12; and

14.2 If a student or child transfers from a school in Alberta to a school outside Alberta, The Sturgeon Public School Division must retain the Student Record for the student or child containing the information referred to in subsection 5.1 for seven (7) years after the date the student or child would have been expected to have completed grade 12 had the student or child not transferred from the school.

15. Compliance

15.1 The Sturgeon Public School Division delegates the Associate Superintendent, Education Services to be responsible for ensuring that the policies and Administrative Procedures established by the Board relating:

15.1.1 to Student Records subsection 5; and

15.1.2 to information referred to in subsection 7; comply with this Administrative Procedure, the Education Act, the Student Record Regulation and the Freedom of Information and Protection of Privacy Act.

References:

Administrative Procedure: 300 Security of Personal and Division Information
Education Act Sections: 1(1), (2), (3), 6, 42, 43, 56, 65, 70, 201
Education Act Student Record Regulation
Provincial Assessment Directive
Canadian Charter of Rights and Freedoms Section 23
Child, Youth and Family Enhancement Act
Corrections Act
Corrections and Conditional Release Act
Family Law Act
Freedom of Information and Protection of Privacy Act (FOIP)
Freedom of Information and Protection of Privacy Regulation
Public Health Act
Vital Statistics Act
Youth Justice Act
Youth Criminal Justice Act