Administrative Procedure 320

AP 320 - Student Record Portfolio

Background

The division has the responsibility for maintaining appropriate records necessary for the education of students, for program placement, for verifying attendance and historical claims.

Principals shall be responsible for ensuring that staff members follow the provisions of the School Act, Student Records Regulation 71/99 and this administrative procedure for student records held in the school. 

A student record shall consist of all information that affects the decisions made about the education of the student that is collected or maintained by the division, regardless of the manner in which it is maintained or stored. Such records shall be in accordance the following procedures:

Procedures

  1. Student Record Portfolio
    For every student enrolled in the school, a Student Record Portfolio shall be maintained, consisting of all information that affects the decisions made about the education of the student that is collected or maintained by the school, regardless of the manner in which it is maintained or stored, and must include:
    1. The 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 division;
    3. The name of the student’s parent(s) or legal guardian(s);
    4. A copy of any separation agreement or court order;
    5. The birth date of the student;
    6. The gender of the student;
    7. The address and telephone numbers of the student and of the student’s parent(s) or legal guardian(s);
    8. The school jurisdiction of which the student is a resident student;
    9. The 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 for permanent or temporary residence and the expiry date of that visa of other document;
    10. The names of all schools attended by the student and dates of enrolment, if known;
    11. An annual summary, or a summary at the end of each semester, of the student’s achievement or progress in the courses and programs in which the student is enrolled;
    12. The results obtained by the student on any:
      1. Diagnostic test, achievement test and diploma examination conducted by or on behalf of the Province, including provisions pursuant to provisions/directives under the Student Evaluation Regulation; and
      2. Standardized tests under any testing program administered by the school/division to all or a large portion of students or to a specific grade level of students.
    13. The results of any application under the Student Evaluation Regulation for special provisions or directives;
    14. Either:
      1. The name of any formal intellectual, behavioural or emotional assessment or evaluation administered individually to the student by a Board, a summary of the results of the assessment or evaluation, the date of the assessment or evaluation, and the name of the person who administered the assessment or evaluation; or
      2. Any interpretive report relating to the student;
      3. And any action taken as program planning as a result of the assessment, evaluation or interpretive report.
    15. Any assessment or evaluation referred to in clause 1.14.1 or any interpretive report referred to in clause 1.14.2 that the parent of the student or the student wishes to be placed on the student record;
    16. Any health information and interpretive reports of individually administered, formal intellectual, behavioural/emotional assessment or evaluation of the student that the parent of the student or the student wishes to be placed on the student record;
    17. An annual summary of the student’s school attendance;
    18. Information about any suspension or expulsion relating to the student or the student’s rights pursuant to the School Act, which must be retained on the student record:
      1. For one (1) year following the date of the suspension or expulsion; or
      2. Until June 30 of the year following the year in which the suspension or expulsion occurred, whichever occurs last; and
    19. If the parent of the student is eligible to have his/her 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.
    20. If an individualized program plan/education plan is specifically devised for a student, the plan and any amendments must be placed in the Student Record Portfolio for the student.
    21. The notice of  any Violent Threat/Risk Assessment completed.
    22. The information referred to in subsection 1.1 be provided to the school by means of a copy acceptable to the division of:
      1. The student’s birth certificate, if the student was born in Canada; or
      2. Another official document acceptable to the division, if the student was born outside of Canada;
        and that the information referred to in clause 1.9 be provided to the division by means of a copy acceptable to the division of a Canadian citizenship certificate or of the visa or other document referred to in clause 1.9.
  2. Confidential File
    Notwithstanding clause 1, the principal also shall retain a Confidential File for a student, accessible under FOIP, to house information of a highly sensitive nature.
    1. The following must not be placed in the Student Record Portfolio, but rather in the Confidential File:
      1. Notes and observations that are prepared by and for the exclusive use of a teacher, teacher’s assistant, counsellor or principal and that are not used in program placement decisions;
      2. A report or an investigation record relating to the student under the Child Welfare Act; or
      3. Counselling records relating to the student that is or may be personal, sensitive or embarrassing to the student, unless clause 2.3 applies; or
    2. Any information that identifies a student as a young person as defined in the Young Offenders Act and all information relating to that student in that capacity.
    3. The division may include in a student record any information referred to in clause 2.1.3 that would clearly be injurious to the student if disclosed, where inclusion of the information in the student record would be in the public interest or necessary to ensure the safety of students and staff.
      All information placed in the Confidential File shall be retained for ten (10) years from the date a student ceased to be registered at a school in the jurisdiction, at which time the file shall be destroyed under conditions which effect complete and confidential disposal.
  3. Record Update
    The school shall ensure the information contained in the Student Record Portfolio is updated annually.
  4. Records Retention
    1. A school shall keep a Student Record Portfolio until a written request is received to forward the record to another school in Alberta, or until a period of seven (7) years has past since the student ceased to be a student at the school.
    2. If a student transfers from a school in Alberta to a school outside Alberta, the school from which the student transferred shall keep the Student Record Portfolio 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.
    3. When the retention of the Student Record Portfolio is no longer required, its destruction shall be effected under conditions that ensure complete and confidential disposal or destruction of the Student Record Portfolio.
  5. Disposal and Destruction of Student Record
    1. Schools shall dispose of or destroy student records that are no longer required to be kept under clause 4.
    2. Student records shall be disposed of or destroyed in a manner that maintains the confidentiality of the information in the record.
    3. Schools shall dispose of information referred to in clause 2 relating to a student in the same manner as student records are to be disposed of under clause 5.2.
  6. Access to Record
    1. Schools shall ensure that the student, the student’s parent and any other person who has access to the student under a separation agreement or an order of a court are informed of their entitlement under Section 23 of the School Act to review the Student Record Portfolio.
    2. Schools shall ensure that the contents of the student record are disclosed in accordance with:
      1. The Freedom of Information and Protection of Privacy Act; and
      2. Any one of the following:
        • In accordance with sections 23, 39 and 43 of the Act;
        • To an employee or agent of the Board if the information is necessary and relevant to a matter being dealt with by the employee or agent;
        • To the Minister at the request of the Minister for the purpose of carrying out any program or policy under the Minister’s administration;
        • With the written consent of the parent if the student is under sixteen (16) years of age, or the student or the parent if the student is sixteen (16) years of age or older;
        • In accordance with the Student Record Regulation; or
        • In accordance with any other regulation under the School Act.
      3. Schools shall disclose information contained in the student record to the Department of Justice of the Government of Alberta or to its designate when requested by that department or its designate for the purpose of administering the Youth Criminal Justice Act or carrying out any program or policy under either Act.
      4. Schools shall, at the written request of a Medical Officer of Health as defined in the Public Health Actor his/her designate, disclose:
        1. A student’s name, address, date of birth, sex and school; and
        2. The name, address and telephone number of the student’s parent or guardian to the Medical Officer of Health or designate 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.
      5. Schools shall ensure that information referred to in clause 6.4 is disclosed only in accordance with the Freedom of Information and Protection of Privacy Act.
  7. Student Transfer
    1. If a student transfers to another school within the jurisdiction, the Student Record Portfolio, including the confidential file, will automatically be transferred, in its entirety, to the receiving school.
    2. If a student transfers to another school within Alberta but outside the jurisdiction, the school from which the student has transferred shall, upon receipt of a written request from the receiving school, send the Student Record Portfolio, in its entirety, to that school.
    3. If a student transfers to a school outside of Alberta, the school from which the student has transferred shall, upon receipt of a written request by that school, send a copy of the Student Record Portfolio to that school.
    4. If a confidential file exists for the transferring student, it shall not be transferred outside of the jurisdiction, but rather it will be retained at the last school attended by the student in the jurisdiction for a period of one (1) year from the date the student ceased to be registered at the school, at which time the file shall be destroyed under conditions which effect complete and confidential disposal.
  8. Designation of Responsibility
    The head of the jurisdiction, as specified in Section 89(a) of the Freedom of Information and Protection of Privacy Act, is designated to be the employee responsible to ensure the policies and procedures related to the Student Record Portfolio and information referred to in clause 1.4 comply with the Alberta Education Student Record Regulation and the Freedom of Information and Protection of Privacy Act.

References

School Act, Section 23, 124
Student Record Regulation 71/99
Family Youth Child Enhancement Act
Freedom of Information and Protection of Privacy Act, RSA 2000, Chapter F-25
Freedom of Information and Protection of Privacy Regulation AR 200/95
Public Health Act
Social Development Act
Youth Criminal Justice Act
Vital Statistics Act