TCDSB Policy Register

ACCESS TO PUPIL INFORMATION S.16  

Policy: 

The Toronto Catholic District School Board requires that all staff will strictly observe confidentiality with respect to pupil‑identifying records, including health and other records, maintained by the Board. 

Access to pupil records shall be in compliance to existing federal, provincial Acts and the most current Ontario Student Record Guideline. 

Regulations: 

1.             Maintenance Of Confidentiality  

Principals shall regularly review with teaching and other staff the obligation of maintaining confidentiality respecting pupil records imposed by the Education Act, the Municipal Freedom of Information and Protection of Privacy Act and the Ontario Student Record Guideline. No employee of the Board shall provide information about any student or their family to any outside agency, including immigration officials, unless legally obliged to do so.  

2.                  Providing Pupil Information To Another School, Private School Or Other Educational Institutions  

Principals shall adhere to the requirements of the Regulation respecting Pupil Records (Ontario Student Record Guideline) governing the transfer of Pupil Records when a pupil transfers from one school to another.  

3.         Providing Pupil Information To A Pupil, Or His/Her Parent Or Guardian

A pupil, and his or her parent or guardian where the pupil is a minor, are entitled to examine the record of such pupil.

A separated or divorced parent is entitled to be given information as to the education of that parent’s child unless and until there is either an Order of the Court or a term in a separation agreement denying the person access to the child.
 

Unless the pupil, parent or guardian, and the existence of the necessary relationship of the latter two to the pupil are all actually known to the principal, proper identification should, with sensitivity and discretion, be insisted upon.  

4.                  Providing Pupil Information To Others  

Every person shall preserve secrecy in respect of the content of a record that comes to the person’s knowledge in the course of his or her duties or employment, and no such person shall communicate any such knowledge to any other person except, 

(a)                as may be required in the performance of his or her duties; or 

(b)               with the written consent of the parent or guardian of the pupil where the pupil is a minor; or 

(c)                with the written consent of the pupil where the pupil is an adult; or 

(d)               through a search warrant requiring the surrender of an Ontario Student Record to the police; or 

(e)                through a subpoena or appropriate court order; or   

(f)                 where a teacher or the principal may have information where it is suspected that the child is in need of protection as defined in the Child and Family Services Act; or  

(g)                upon request of the medical officer of health as provided in the Education Act; or 

(h)                where the Municipal Freedom of Information and Protection of Privacy Act permits a school board to disclose confidential information to the police to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result.