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AP 320: Student Records

Background

Northern Lights Public Schools is committed to ensuring there is complete and accurate information about students maintained in accordance with the Student Record Regulation.

This Administrative Procedure applies to the collection, access, use, storage, retention, disclosure and disposal of all student records. 

Principals are responsible for maintaining records for each student registered in their school.

The school with primary responsibility for the student record is the school the student is primarily enrolled at for the majority of their instructional time during the school year.

Procedures

  1. As per Student Record Regulation, a student record shall consist of all information that affects the decisions made about the education of the student including:
    1. Student's name as registered under the Vital Statistics Act or if the student was born in a jurisdiction other than Alberta the student's name as registered in that jurisdiction, and any other surnames by which the student is known;
    2. The student identification number assigned to the student by the Minister and any student identification number assigned to the student by the board;
    3. The name of the student’s parent;
    4. Proof of guardianship and any documents showing limits on the guardianship of the student;
    5. Birth date of the student;
    6. Gender of the student;
    7. Addresses, email addresses, and telephone numbers of the student and of the student’s parent;
    8. School jurisdiction of which the student is a resident;
    9. Citizenship of the student and, if the student is not a Canadian citizen, the type of visa or other document by which the student is lawfully admitted to Canada and the expiry date of that visa or other document (a copy of the student's birth certificate or visa documentation or other documentation by which the student is legally in Canada shall be included in the file);
    10. Names of all schools attended by the student and dates of enrollment, if known.
    11. An annual summary or a summary at the end of each semester of achievement/progress in all programs and courses in which the student is enrolled;
    12. The results obtained by the student on any:
      1. achievement test and diploma examination conducted by or on behalf of the province;
      2. diagnostic test administered by the board; and
      3. standardized tests administered or assessments administered by the Division to all or to a large portion of the students.
    13. Any accommodation or exemption in respect of a provincial assessment under a program established by the Minister;
    14. In relation to any formal intellectual, behavioural or emotional assessment or evaluation administered individually to the student by the board:
      1. the name of the assessment or evaluation;
      2. a summary of the results of the assessment or evaluation;
      3. the date of the assessment or evaluation;
      4. the name of the individual who administered the assessment or evaluation;
      5. any interpretive report relating to the assessment or evaluation; and
      6. any action taken as program planning as a result of the assessment, evaluation or interpretive report.
    15. Any health information that the parent of the student or the student wishes to be placed on the student record; and
    16. An annual summary of the student's school attendance.
    17. 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 which must:
      1. be retained on the student record for 3 years following the date of suspension or expulsion, and
      2. be removed from the student record no later than 3 years after the date on which the suspension or expulsion began
    18. If the parent of the student is eligible to have his children taught in the French Language pursuant to section 23 of the Canadian Charter of Rights and Freedoms, a notation to indicate that and a notation to indicate whether the parent wishes to exercise that right;
    19. If the parent  of the student wishes to provide information that the student is of aboriginal ancestry, a notation indicating whether the student is Status Indian/First Nations, Metis or Inuit.
  2. The Board may include in a student record any information referred to in section 5.1.3 where, in the opinion of the board, inclusion of the information in the student record would be:
    1. in the public interest, or
    2. necessary to ensure the safety of students or children and staff.
  3. If an individualized program plan is specifically devised for a student, the plan and any amendments must be placed in the student record as well as summarized of all previous years individualized program plans.
  4. For the purposes for Section 1, the board may require a student’s parent or independent student to provide:
    1. A copy, acceptable to the board, of
      1. the student’s birth certificate and, if applicable, change of name certificate, if the child was born in Canada, or
      2. another official document if the student was born outside of Canada; and
    2. A copy, acceptable to the board, of the student’s Canadian citizenship certificate or the document pursuant to which the student is lawfully admitted to Canada for permanent or temporary residence.
    3. In the event a birth certificate is not provided in the existing student record or by the parent, at least one reminder shall be sent to the parent. The correspondence shall be kept in the student record.
  5. The student record shall not include:
    1. Any information contained in:
      1. Notes and observations prepared by and for the exclusive use of teachers, educational assistants, counselors or Principals for other than placement decisions;
      2. Any information relating to a report or an investigation under the Child, Youth and Family Enhancement Act;
      3. Counseling records relating to the student that are or may be personal, sensitive or embarrassing to the student unless section 2 applies.
    2. 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.
  6. Exclusions
    1. The board may exclude from a student record a test instrument, or any part of it, relating to a test, examination, assessment or evaluation. If there is an appeal relating to the test, examination or evaluation or if there is an evaluation of the student in respect to the test, examination or evaluation, the persons referred to in Section 56(3) of the Education Act may review a test instrument as if it were a part of the student record.
    2. The board must ensure that the information enclosed in this section is disclosed only in accordance with the Freedom of Protection of Privacy Act.
  7. Retention of Student Record
    1. The Board must retain the student record for the student for 7 years after the student ceases to attend a school operated by the board or until the student transfers to another school in Alberta.
    2. If a student transfers to a school outside Alberta, the board must keep the student record for the student containing the information in Section 1 and 3 for 7 years after the date the student would have been expected to have completed Grade 12 had the student not transferred from the school.
  8. Access to Student Record
    1. Access to a student record is granted in accordance with the Student Record Regulation and shall be in keeping with the Freedom of Information and Protection of Privacy Act, the Children First Act and the Education Act.
    2. Access to a student Record is only provided:
      1. To an employee of Northern Lights Public Schools if the information is necessary for the performance of the duties of the employee;
      2. At the request of the Minister if the information is necessary for the performance of the duties of the Minister;
      3. With the written consent of:
        1. The parent in the case of a student who is under 16 years of age, or
        2. The student or parent in the case of a student who is 16 years of age or older.
      4. Requests must include the student’s name and a description of the records requested.
      5. When other individuals or agencies request a copy or part of a student record, the request must be accompanied by a written authorization to release the information with the consent of the parent in the case of a student who is under 16 years of age, or the student or parent in the case of a student who is 16 years of age or older. The authorization must include the name of the individual(s) or agency(ies) authorized to receive the information with the completion of Form F170-4.
    3. The Board must disclose information contained in a student record to the Department of Justice and Solicitor General or its designate when requested for the purpose of administering the Youth Justice Act or the Youth Criminal Justice Act (Canada) or carrying out any program or policy under either Act.
    4. The following information shall be disclosed to the Medical Officer of Health, or designate, as defined in the Public Health Act for the purpose of contacting parents or guardians regarding voluntary health programs offered by the regional health authority, including immunization, hearing, vision, speech and dental health programs, and for the purpose of communicable disease control:
      1. a student's name, address, date of birth, gender and school; and
      2. the name, address and telephone number of the student’s parent or guardian.
    5. A board that is a Francophone regional authority may collect from a board or the Minister
      1. the name, address, date of birth, gender and school of a student whose parent has been noted in section 1.18 as having a right to have the student receive primary and secondary school instruction in the French language under Section 23 of the Canadian Charter of Rights and Freedoms, and
      2. the name, address and telephone number of the student’s parent for the purpose of contacting the parent of the student and advocating for minority language educational rights.
    6. An associate board as defined in the Home Education Regulation, supervising a home education program for a student, must annually notify the student’s resident board of the name, address, date of birth, gender and school and the name, address and telephone number of the student’s parent.