TCDSB Policy Register

ACCESS TO PUPILS S.15 

Policy:

The Toronto Catholic District School Board permits access to or interviews with pupils within the schools, other than by staff or consultants to the Board, only with the prior consent of the Principal. 

Where not prohibited by law, every effort must be made to seek parental approval to seek access to students. 

Regulations: 

1.          Permitted Classes of Persons

Persons who may seek to have access to or to interview pupils enrolled in Board schools, other than school staff and Board consultants are: 

(a)                Custodial parents, guardians and their identified delegates;  

(b)               Non‑custodial parents;  

(c)                Police;  

(d)               Immigration officers in accordance with policy S. 18;  

(e)                Children's Aid Societies;  

(f)                 Others.  

Before permitting access, it is the responsibility of the principal to ascertain the class into which the person seeking such access may fall, and to apply these Regulations and related Protocols/Guidelines accordingly.  

2.          Appointments

Persons seeking access to pupils are expected to make an appointment in advance so that mutual convenience and minimal disruption may be assured.  

3.         Reporting to the Office         

Upon arrival at the school, persons seeking access to pupils are required to report to the office, thus giving the principal the opportunity to meet them. Such persons will be requested to sign the Visitor's Book, stating name, address and reason for the visit.  

4.          Identification and Credentials          

Because of the obligation of the Board, the principal, the teachers, and other staff, to safeguard the welfare of the pupils in appropriate cases, the principal must be satisfied that the visitor is the person who he/she purports to be and that the appropriate criminal background check in accordance with O. Reg. 521/01 has occurred.  

Unless the visitor is known to the principal, proper identification should, with sensitivity and discretion, be insisted upon. This may be accomplished, among other ways, by:  

(a)       personal identification of the visitor by someone in the school;  

(b)       production of a driver's license;  

(c)       verification of information given by the visitor against information contained in school records; and 

(d)       in the case of an Immigration officer, a legally valid authorized order for the apprehension of the pupil.  

5.         Right of Refusal        

Where, because of demeanour or other reason, the principal determines that the presence of the visitor would be detrimental to the physical or mental well‑being of a particular pupil or of the pupils generally, the principal has the right under the Education Act to refuse admission to the visitor.  

6.          Access to Information           

Even if a person has a right to be present in the school operated by the Board, and may be given access to a pupil, such right does not carry with it the right to have access to information in the possession of the Board, the principal or the School. Staff should consult the specific policy of the Board related to such access. 

7.         Staff and Consultants           

Board staff and consultants may have access to pupils in the normal course of their duties and with the Principal’s permission. 

8.         Custodial Parents      

The principal will normally cooperate with the custodial parent or guardian who wishes to visit with one or more of his/her children. This cooperation will generally be extended to a person who by virtue of direct written or oral communication by the custodial parent/guardian to the school administration is designated to act in their place.  

9.         Non Custodial Parents          

In the case of a non-custodial parent, it is the practice of the Board to require the consent of the custodial parent before the non‑custodial parent is given access to visit the pupil. In the best interest of the pupil, the Board gives primary recognition and respect to the wishes and decision of the parent with whom the child is residing.  

10.        Law Enforcement      

The Board permits access to Police and Immigration officers in accordance with the Police/School Board Protocol currently in effect and V.P. 05, Police Investigation. In general, Police access to pupils should be related to issues/events directly related to the school and which would normally result in the application of the School Code of Conduct.  

The following additional provisions apply when officers seek to interview a pupil and a request has been made in advance:  

(a)       the officers should be requested to attend the school in plain clothes, not in uniform;  

(b)       a request is made to officers for involvement of the custodial parent(s)/guardian in the interview  

(c)         whenever the principal cannot speak to the custodial parent/guardian in advance, as required in Regulation 10(b), the principal should act in accordance with the existing Police/School Board Protocol;  

(d)         no part of the interview will take place, and no questions will be put to a pupil, in the presence of other pupils;  

(e)         a support person as requested and chosen by the pupil should, whenever possible, be present at the interview;

(f)           the principal or designate may at his/her request be present, unless:  

(i)        the pupil refuses, or

(ii)        the police officer convinces the principal that such attendance will not be in the best interest of the pupil;  

(g)        unless it is not possible to do so in the circumstances, the interview and all questioning shall take place in the privacy of the office of the principal or in another room designated by him/her;  

(h)        every effort reasonable in the circumstances shall be made to cause as little embarrassment as possible to the pupil who is interviewed/questioned.  

11.        Children’s Aid Societies       

In the case of a child who is a ward of the Crown or a children's aid society, the Society, by law, stands in the role of the parent. All of the above Regulations that deal with the custodial parent apply equally to such Society.  

In addition, children's aid societies have an obligation by law to afford protection to children in need thereof, and for this purpose, have the power to apprehend such children. Staff should consult the specific policies of the Board related to these matters. 

When investigating suspected child abuse the Abuse Team may determine that it is in the child's best interest that the interview take place without prior knowledge and presence of the parents. Staff should consult policy S.17, Suspected Child Abuse Reporting, for further details.  

12.        Others            

From time to time, other persons may seek access to or interviews with pupils in the schools. Access by such persons is determined on a case by case basis by the Principal with prior consultation with the Superintendent.