5.3.2 Learner Records Policy

POLICY TYPE: 5.0 Educational Program Policies \ 5.3 Learner Records
EFFECTIVE DATE: 2018-10-24	LAST REVISED: 2023-09-12
THIS POLICY APPLIES TO: Contractors – Individuals engaged to provide services under a contract with SelfDesign Learning Foundation Support Providers – Individuals engaged under a contract or agreement with SelfDesign Learning Foundation to provide services for a specific learner Families – Learners and parents(s)/guardian(s) of learners participating in SelfDesign Learning Foundation’s programs Volunteers – Individuals providing goods/services under the terms of an agreement with SelfDesign Learning Foundation Board Members – Members of the Board of Directors for SelfDesign Learning Foundation and the Foundation for SelfDesign (FSD)

Policy Statement

SelfDesign Learning Foundation (SDLF) is committed to ensuring that learner records are handled in accordance with legal requirements and, to that end, informing the SelfDesign Learning Community of the policies and protocols for learner records in relation to collection, storage, confidentiality, and access of the personal information under their care. This Learner Records Protocols Policy is operational.

The legal framework for the development of this Learner Records Policy is provided by section 6.1 of the Independent School Act, Sections 9 and 10 of the Independent School Regulation (the Regulation), the Learner Records Order (I 1/07) (the Order), and the Personal Information Protection Act (PIPA). Section 9(2) of the Regulation obliges independent school authorities to, subject to the requirements of the Order, (a) establish written procedures regarding the storage, retrieval and appropriate use of learner records, and (b) ensure confidentiality of the information contained in the learner records and ensure privacy for learners and their families.

Definitions

Learner File – additional items to the Permanent Learner Record form the Learner File

Permanent Learner Record (PLR) – known as the Permanent Student Record (PSR) outside the SelfDesign Learning Community, documents the history of a learner’s education program.

Sensitive Learner Records – information that the loss of, misuse of, unauthorized access of, or modification to, could adversely affect the owner. This information requires by its very nature that contractors observe a high level of confidentiality. Example of sensitive learner records include:

Psychiatric report.

Family assessments.

Referrals to or reports from school arranged counselling services.

Record of a school-initiated report of alleged sexual or physical abuse made to a child protection social worker under section 14 of the Child, Family and Community Service Act.

Policy

SelfDesign Learning Foundation will:

Ensure responsibility for Permanent Learner Records and Learner Files
The lead administrator (or their designate) is responsible for the establishment, security, and maintenance (including regular review and review upon a learner transfer to ensure information is current and complies with legal requirement) of the Permanent Learner Record and Learner File for each learner enrolled or registered in the school according to the protocols within this policy.
Collect the least amount of information needed to do a job
Only collect personal information (a) for purposes that are reasonable and (b) that is reasonable for fulfilling those purposes.
Provide notification of collection
Prior to or at the time of the collection of personal information, notify the learner or the learner’s parent/guardian verbally or in writing of the purpose(s) for the collection of their personal information.
Collect, use, and/or disclose personal information as notified
Only collect, use, and/or disclose the personal information under their protection for the purpose(s) as notified or with the consent of the learner or the learner’s parent/guardian, unless otherwise authorized under the Personal Information Protection Act (PIPA), such as in the case of a medical emergency.
Oversee access of personal information by contractors
Permit access to Permanent Learner Records and Learner Files to only contractors who, by the nature of their work, have a need-to-know.
Oversee access of personal information by owner
Provide learners (if of an age capable of exercising PIPA rights) or their parent/guardian (unless restricted by a court order) with access to learner personal information during school hours and under the supervision of the lead administrator (or their designate). A copy of a learner record for keeping by the learner or their parent/guardian may be made upon request (the school authority reserves the right to recover the direct cost of copying records). When applicable, graduating learners will be provided with interim and/or final transcripts for grades 10, 11, and 12 courses upon graduation and at the future request of the graduate. Interim and/or final transcripts will be mailed directly to graduate or, by their request, to the named institution of higher learning (the school authority reserves the right to recover a reasonable fee for transcript requests outside of those provided to the graduate upon graduation).
Retain personal information as per legal requirements
Retain personal information only for the period of time required to fulfill the purpose for which it was collected, subject to legal requirements.
1. Permanent Learner Records are required to be kept for a minimum of 55 years unless, upon learner transfer, the transferring school requests the Permanent Learner Record.
2. Inclusions, at time of review, that are expired, rescinded, or irrelevant will be removed from the Permanent Learner Record and the documents themselves will be shredded.
Answer questions/concerns about collection
On request by learners or their parent/guardian, provide the position name or title and the contact information for an officer or contractor of the school who is able to answer questions about collection.
Disclose personal information during a medical emergency
Permit the sharing of learner information without requiring learner or parent/guardian consent regarding/for the delivery of health services, social services, or other support services.
Ensure proper use of personal information
Allow use of learner personal information by the school authority for the following purposes, assuming that the school received consent for such purposes at the time of notification/collection:
1. Application processing and the provision of education services and co-curricular programs provided by the school authority.
2. Administrative functions, including payment of feeds and maintenance or ancillary school programs such as parent/guardian voluntary groups and fundraising activities.
3. Provision of specialized services in areas of health, psychology, or legal support, or as adjunct information in the delivery of education services that are in the best interests of the learner.
Seek legal counsel when required
In the case of a request for learner personal information from separated or divorced parents/guardians, the school authority will be guided by the legal custody agreement, a copy of which shall be provided to the lead administrator (or their designate). If the lead administrator is unsure as to whether the non-custodial parent is entitled to access the learner’s personal information, the school’s legal counsel will be consulted for a recommendation.
Ensure learner records are transferred correctly and securely
On receipt of a request for learner records from a school, Board of Education, or independent school authority within B.C. where the learner is (or will be) enrolled, SelfDesign will transfer that learner’s original Permanent Learner Record (including inclusions), the current Learner Learning Plan (if any), and the current Individual Education Plan (in any) to the requesting institution. SelfDesign will retain a copy of the Permanent Learner Record, indicating the school where the records were sent and the date of the learner record transfer.If the requesting institution is outside of B.C., a copy of the Permanent Learner Record (including inclusions) will be sent, along with the current Learner Learning Plan (if any), and the current Individual Education Plan (in any).If a prospective employer (inside or outside of B.C.) is requested by the former learner to be provided a summary of the learner’s school progress, SelfDesign will obtain a written request from the former learner prior to sending. SelfDesign reserves the right to assess a fee for this service.
Ensure sensitive learner records will only be disclosed or transferred in accordance with the law
On receipt of a request for sensitive learner records, SelfDesign will obtain dated and signed parent/guardian written consent of the transfer before sending. However, under no circumstance will SelfDesign transfer a record of a school-initiated report of alleged sexual or physical abuse made to a child protection social worker under section 14 of the Child, Family and Community Service Act.
Ensure proper handling of sensitive learner information
Sensitive learner information is stored as highly confidential with restricted access. Only the lead administrator (or their designate) has access to school-initiated reports under section 14 of Child, Family and Community Service Act. For sensitive learner information other than school initiated reports under section 14 of the Child, Family and Community Service Act, the lead administrator (or their designate) may authorize a person(s) access (such as the school authority authorized for the disclosure/transfer of such sensitive learner records).The lead administrator (or their designate) will obtain parent/guardian written consent that is dated and signed prior to the collection, use, and disclosure of sensitive learner information.
Further, the lead administrator is responsible for ensuring that school initiated reports under section 14 of the Child, Family and Community Service Act are retained only for the purpose of child protection proceedings.

Protocol

Permanent Learner Record

The Permanent Learner Record consists of:

Form 1704, PSB 048 (revised 1997) completed according to the current Permanent Student Record Instructions requirements.

Copies of a minimum of the two most recent years of Learner Progress Reports or an official transcript of grades.

Learner Learning Plan, if applicable.

Individual Education Plan (IEP) and/or Case Management Plan (CMP), if applicable.

Inclusions (as required to be filed with Form 1704).

Form 1704 Inclusions

Mandatory Inclusions

The following inclusions will be listed on Form 1704, including document date, title, and expiry date or date rescinded (if applicable). Copies of the documents listed will be filed with the Permanent Learner Record.

Medical Alert (conditions which may require emergency care, e.g., diabetes, epilepsy, anaphylaxis producing allergies) as indicated by the medical alert checkbox.

Legal Alert (e.g., court orders, name change) as indicated by the legal alert checkbox.

Personal Education Number (PEN) providing notification that the learner is being home schooled.

Support services information (e.g., psychometric testing, speech and hearing tests, adjudication requirements for completing assessment activities).

Other legal documents (e.g., immigration document).

Optional Inclusions

The following inclusions may be listed on Form 1704, including document date, title, and expiry date or date rescinded (if applicable). Copies of the documents listed will be filed with the Permanent Learner Record.

Records of information which an educator deems relevant and important to the educational program of the learner.
Award information.
Standardized test scores (if deemed relevant and important to the educational program of the learner).

If the above optional inclusions are not listed on the Permanent Learner Record Form 1704, then they may be included in the Learner File.

Learner File

Mandatory Information

The following will be included as part of the Learner File.

Learner eligibility information:
- Learner Legal Name proof (e.g., birth certificate, passport, First Nation Status Card). The original document will be verified, and a copy put on the Learner File.
- Learner’s parent(s)/guardian(s) emergency contact information for both home and work.
- Verification that the learner’s parent/guardian is legally admitted to Canada and a resident of B.C.

Optional Information

The following may be included as part of the Learner File:

B.C. Services Card number.

Learner’s doctor’s name and contact information.

Previous Learner Progress Reports (other than the two most recent years required in the Permanent Learner Record).

Serious discipline records (i.e., copies of letter to parent(s)/guardian(s) regarding discipline matters and corrective actions taken).

Report of important meetings/discussions relating to a learner.

Records of information which an educator deems relevant and important to the educational program of the learner if not listed as an inclusion on the Permanent Learner Record.

Award information if not listed as an inclusion on the Permanent Learner Record.

Standardized test scores (if deemed relevant and important to the educational program of the learner) if not listed as an inclusion on the Permanent Learner Record.

Secure Storage

Electronic Records

The lead administrator or their delegate is responsible for ensuring all electronic documents are stored securely on servers located in physically protected locations.

Any access to information – whether over the internet, local networks, service to service, or other communication channels – must use industry-standard encryption in transit to protect the confidentiality and integrity of the data.

The lead administrator or their delegate must also ensure the school authority uses current, supported storage technologies and applies industry-standard encryption at rest for all sensitive data. An appropriate backup and recovery plan must be maintained to protect learner records against data loss from hardware failure, corruption, or other incidents.

Paper Records

The lead administrator (or their designate) is responsible for ensuring that hardcopy learner information is locked in fireproof cabinets. If hardcopy learner information is taken off site, the lead administrator is responsible to ensure that, in transition and at rest, the hardcopy learner information is safely stored and protected at all times.

Inactive Learner Records

The learner records of inactive learners are:

Archived by the school authority for 55 years after a learner has withdrawn, graduated, or not enrolled in another K-12 school leading to the transfer of learner records.

Stored securely in a manner that ensures their preservation from calamity (i.e., fire, flood). Access to stored archived records is limited to the lead administrator (or their designate).

Determined as relevant or not by the lead administrator (or their designate) before being archived.

After 55 years, a designated records clerk keeps a record of learner records that have been destroyed (i.e., shredded).