Learner Records

Learner Records Requirements and Best Practices Policy

Introduction

The legal framework for the development of this Learner Records Requirements and Best Practices 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.

SelfDesign Learning Community is committed to ensuring that Learner records are handled in accordance with all legal requirements.

Purpose

The purpose of this document is to define policy and to determine procedures for the collection of Learner information and its storage, use, disclosure, transfer and protection.

Policy Statements

The following policy statements are provided to inform all parties who collect, store, use, disclose, transfer and protect student information.

SelfDesign Learning Community will:

  • Ensure that the lead administrator is responsible for the establishment, security and maintenance of the Learner Record and Learner File (as defined in this policy) for each Learner registered in the school according to the procedures defined in this policy.
  • Only collect, use or disclose personal information with the consent of the individual Learner or legal guardian, unless otherwise authorized under PIPA.
  • On or before collecting personal information, disclose to the individual Learner verbally or in writing the purposes for the collection of personal information.
  • Only collect, use or disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances and that fulfill the purposes disclosed by the school or are otherwise permitted under PIPA.
  • Secure Learner Records and Learner Files with access within the school authority restricted to those individuals who, by the nature of their work, are required to have access to the information.
  • Provide access to personal information about an individual Learner to the individual Learner (if capable of exercising PIPA rights), and to a parent or legal guardian of the individual Learner during school hours and under the supervision of the lead administrator or designate.
  • Subject to legal requirements, ensure that personal information will be retained only for the period of time required to fulfill the purpose for which it was collected.
  • Inform parents that concerns, complaints and questions about personal information handling policies and practices of the school authority may be directed to the school’s Privacy Officer by calling the school office.
  • Permit records kept by the authority for a learner or child to be disclosed to a person who is planning for the delivery of, or delivering, health services, social services or other support services to that learner or child, including Public Health, Ministry of Health, Ministry of Child and Family Services.

1. Definitions and Student Record Components

Elements of the Learner Record:

The Permanent Learner Record (PSR), as defined in the Learner’s Records Order (I 1/07):

  • Form 1704, PSB 048 (revised 1997) completed according to the Permanent Learner Record Instructions that are effective at the time of completion; and
  • Learner Progress Reports for the two most recent years or an  official transcript of grades;
  • All documents listed as inclusions on Form 1704 (see 2.2 below);
    • Proof of legal residency
    • A copy of the Learner’s current Learner Learning Plan, if any; and
    • A copy of the Learner’s current Individualized Education Plan (IEP), if any.

2. Permanent Learner Record (Form 1704) Inclusions

The following inclusions will be listed on Form 1704, including document date, title and expiry date or date rescinded (if applicable), and copies of the documents listed will be filed with the PSR:

  • Health Services information as indicated by the medical alert checkbox, such as diabetes, epilepsy, anaphylaxis producing allergies, and any other condition which may require emergency care;
  • Court orders as indicated by the legal alert checkbox;
  • Other legal documents, e.g. name change or immigration document;
  • Support services information (e.g. psychometric testing, speech and hearing tests, adjudication requirements for completing assessment activities)
  • Current IEP and/or Case Management Plan (CMP) where applicable; and
  • Notification of a Learner being home schooled.

The following inclusions may be listed on PSR Form 1704, including document date, title and expiry date or date rescinded (if applicable) and if listed, copies of the documents will be filed with the PSR:

  • Records of information which an educator deems relevant and important to the educational program of the Learner;
  • Award information; and
  • Standardized test scores (if deemed relevant and important to the educational program of the Learner).
  • If the above optional inclusions are NOT listed on PSR Form 1704, then they may be included in the Learner File (see section 2.3, viii below).

3. Learner File

Additional items will (see 1. below) or may (see 2-8. below) be included in the school’s Learner records as part of the Learner File. These items include:

  • Learner eligibility information (required):
    • Legal name of child – verify the original and file a photocopy or scanned copy of birth certificate or similar legitimate identification document;
    • Official name(s) of parent(s) or guardian(s) with home and work contact information; and
    • Verification that parent/guardian is legally admitted to Canada and a resident of BC (see Appendix I, Form A, used to collect this information);
  • Care Card number
  • Emergency contact numbers
  • Verification of ‘Ordinarily Resident’ status if requested
  • Doctor’s name and contact information
  • Previous Learner Progress Reports (other than the two most recent years required in the PSR)
  • Serious discipline reports (e.g. copies of letters to parents/guardians regarding discipline matters and corrective actions taken);
  • Reports of important meetings/discussions relating to the Learner; and
  • Standardized test scores, records of information which an educator deems relevant and important to the educational program of the Learner, and award information IF NOT listed as inclusions on the PSR (see section 2.2 above).

4. Sensitive Learner Information

This may include information which by its nature requires that school staff observe a high level of confidentiality. Examples include:

  • Psychiatric reports;
  • Family assessments;
  • Referrals to or reports from school arranged counselling services; or
  • 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.

5. Procedures

The lead administrator or designate will be responsible for:

  • Updating the PSR Form 1704 as information changes and the Learner progresses through the system;
  • Ensuring that electronic copies of documents are stored on a server in a physically secure location.  If information is accessed through the Internet, an encrypted connection (https://) must be established before authenticating.  Access is restricted to those employees (such as designated records clerks, administration, teachers, and counsellors) who, by the nature of their work, are required to have access; and
  • Ensuring that the school authority takes necessary precautions to safeguard against deprecated or obsolete forms of storage.  The electronic storage of PSRs and other personal information requires the school authority to have an adequate backup plan and recovery strategy for potential hardware failure and database corruption.

6. Learner Record and Learner File Retention

Learner Records and Files – Active Learners

  • Learner Records & Files are locked in fireproof cabinets and electronic records and files are stored and backed up on a remote server.  Access is restricted to those employees (such as designated records clerks, administrators, teachers, and counsellors) who, by the nature of their work, are required to have access.
  • The school authority protects personal information from unauthorized access, collection, use, disclosure, copying, modification, or disposal, or similar risks.  Procedures for such protection are outlined in ­­­­sections 5 and 6 below.
  • The lead administrator or designate will regularly review Learner Records to ensure that the information is current and complies with legal requirements. Required inclusions must be listed on the PSR – see section 2.2 above.

 Learner Records & Files – Inactive Learners

  • Unless another school requests a Learner Record (see section 6 below), the school authority archives Learner Records & Files for 55 years after a Learner has withdrawn and not enrolled in another K-12 school, or graduated from the school.
  • The archived Learner Records & Files are stored securely and in a manner that ensures their preservation from calamity (fire, flood, etc.)  Access is limited to the lead administrator or designate.
  • The lead administrator or designate is responsible for determining the relevance of the contents in Learner Records before being archived.
  • The designated records clerk keeps a record of Learner Records that are destroyed (shredded) after 55 years.

7. Currency of Learner Records

Learner eligibility information (see Appendix I) will be updated during Learner registration each year.

As stated above, the lead administrator or designate will regularly review Learner Records and Learner Files to ensure that the information is current and complies with legal requirements.

8. Security of Learner Information Off Campus

The lead administrator is responsible for ensuring that personal information taken off campus is safely stored and that personal information is protected.

9. Handling of Sensitive Learner Information

Access to Sensitive Learner Information is restricted to the lead administrator or a person or persons authorized by the lead administrator to access such information defined in section 2.4 of this policy.

The lead administrator or designate will obtain parental consent (written, dated and signed) for the collection, use and disclosure of Sensitive Learner Information, including psychiatric reports and family assessments, and will store these as highly confidential documents with restricted access.

Sensitive Learner Information will only be disclosed or transferred in accordance with the law.

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 and that information is not disclosed to third parties or transferred to other schools.  Such reports are strictly confidential and should only be stored where the lead administrator or designate can access them.

10. Use of Learner Personal Information

The school authority may use an individual Learner’s personal information for the following purposes, assuming that the school has disclosed such purposes to the individual Learner verbally or in writing on or before collecting the personal information:

  • To communicate with the Learner and/or the Learner’s parent or legal guardian, to process a Learner’s application, and to provide a Learner with the educational services and co-curricular programs provided by the school authority.
  • To enable the authority to operate its administrative function, including payment of fees and maintenance of ancillary school programs such as parent voluntary groups and fundraising activities.
  • To provide specialized services in areas of health, psychological or legal support, or as adjunct information in delivering educational services that are in the best interests of the Learner.

11. Access to and Disclosure of Learner Records

A Learner (capable of exercising PIPA rights) and a parent/legal guardian of a Learner is permitted (unless restricted by a court order) to:

  • Examine the Learner Record and Learner File kept by a school authority pertaining to that Learner, while accompanied by the lead administrator or designate to interpret the records; and
  • Receive a copy of any Learner record upon request.  The school authority reserves the right to recover the direct cost of copying records.

An entitled person may access and verify personal information in the Learner Record and Learner File pertaining to the particular Learner with appropriate notice to the school administration.  Access will be provided during school hours.

When applicable, graduating Learners will be provided with interim and/or final transcripts for Grades 10, 11 and 12 courses when graduating, and upon future request of the graduate.  Copies will be mailed directly to institutions of higher learning or as requested by the graduate.  The school authority reserves the right to assess a reasonable fee for transcript requests.

In the case of a request for personal Learner information from separated or divorced parents, the school authority will be guided by the legal custody agreement, a copy of which should be provided to the lead administrator.  In cases where the lead administrator is unsure if the non-custodial parent is entitled to access personal Learner information, the school’s legal counsel will be consulted for a recommendation.

12. Transfer of Learner Records

  • On receipt of a request for Learner records from a school, a Board of Education, or an independent school authority from within British Columbia where the Learner is (or will be) enrolled, the school authority will transfer that Learner’s PSR (including declared inclusions), the current Learner Learning Plan (if any), and the current ILP (if any) to the requesting institution.  The school authority will retain a copy of the PSR, indicating the school where the records have been sent and the date of the Learner record transfer.
  • If the requesting institution is outside British Columbia, a photocopy of the PSR will be sent (including declared inclusions), along with the current Learner Learning Plan (if any), and the current ILP (if any).
  • Requests for a Learner’s record from a public school require that the public school administration provide a copy of the PSR (including declared inclusions) and current Learner Learning Plan (if applicable) and ILP (if applicable) to the independent school authority.  The original PSR must be retained by the public school.
  • The school authority will only transfer sensitive, confidential information (e.g. psychiatric assessments) after dated and signed parent/guardian consent has been obtained.
  • The school authority will not transfer a record of a Section 14 Child, Family and Community Service Act report of alleged sexual or physical abuse made to a child protection social worker.
  • A summary of a former Learner’s school progress may be provided to prospective employers, at the written request of a former Learner.  The school authority reserves the right to assess a fee for this service.
  • A Learner Record will be reviewed when a Learner transfers.  The lead administrator will ensure that the documents listed as inclusions are still required inclusions (eg. not expired or rescinded) or still deemed to be relevant and important to the educational program of the Learner.  Expired, rescinded, or irrelevant inclusions will be removed from the Learner Record and the documents themselves will be shredded.

List of Appendices

  • Appendix 1: Form A – Status of Parent/Guardian (Admission to Canada and Residency)
  • Appendix 2: Links to information on Student Record legislation:
    • PIPA
    • Independent School Act [RSBC 1996] Chapter 216
    • Independent School Regulation
    • Student Records Order: http://www.bced.gov.bc.ca/legislation/schoollaw/k/i107.pdf
  • Appendix 3: Links to Student Record Policy – Student Records – Requirements and Best Practice Guidelines for Independent Schools, June2012
  • Appendix 4: Link to the Child, Family and Community Service Act – http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96046_01

 

 

Change Log

  • Policy page updated August 26, 2022
  • Last reviewed/updated August 26, 2022