The principal is responsible for the establishment, maintenance and management of information and records. While a principal’s duties and powers in this area are described by many provincial and federal laws, the policies and procedures of the district school board should be your first reference.
A. What is a “record”?
The Municipal Freedom of Information Protection of Privacy Act, RSO 1990, c. M.56, s. 2. (1) (MFIPPA) offers a broad definition of “record”, encompassing “any record of information, however recorded” and including “electronic means.” In other words, electronic communication formats are subject to privacy and access laws. When collecting personal information via registration of students, emergency forms, permission forms, etc., the board provides guidelines consistent with MFIPPA. It is important to keep in mind that electronic records are also subject to these requirements, for example, yearbook and other photos taken at school, video surveillance records, student information systems, robo-absence calls, etc. Not only are collection notices required, but also careful attention must be paid to protocols regarding retention schedules, access and/or distribution of these records. You will also want to ensure that parents, students and board employees are notified that anything recorded on school computers and/or servers are subject to review by the Board and may be relied upon as evidence for disciplinary purposes, if necessary.
Records under the principal’s authority include:
- The Ontario Student Record
- Violent Incident Reports
- Employee Performance Appraisal/Discipline
- IPRC/IEP documents
- Workplace assessment forms (OHSA)
- Incident report forms
- Delegation forms
- Report cards
- Formal letters, e.g. suspension, recommendation for expulsion
- Reports to board, e.g. investigation of complaints.
The district school board will specify expectations with regards to:
- filing routines, e.g. location of and access to cabinets
- retention guidelines, e.g. how long items are stored at the school or sent to a central location
- signatures, e.g. if stamps may be used
- consent forms and routines for sharing information.
A. Confidentiality
It is crucial to respect the confidentiality of information and records. One of the grounds for professional misconduct defined by O. Reg. 437/97 under the Ontario College of Teachers Act,1996 is: “Releasing or disclosing information about a student or to a person other than the student or, if the student is a minor, the student’s parent or guardian.”
Access to information is governed by strict rules as specified in the board’s policies and procedures. These will describe the circumstances under which information can or cannot be shared. Review these carefully in consultation with the supervisory officer or Freedom of Information Officer if you receive a request for information under your care.
A principal’s documentation (e.g. notes taken during investigation, telephone log, minutes of meetings) belong to the district school board. If a request is made for your notes, contact the supervisory officer immediately for guidance.
Usually, access to the principal’s notes will be governed by the requirements of the Municipal Freedom of Information and Protection of Privacy Act and Regulations. The information officer for the board may determine whether the request can be granted. It is prudent to ensure that all documentation is factual and written as if it were available to a third party.
B. When you organize your own office
Ensure that the existing filing practices conform to board requirements. Some principals have filing cabinets in their offices; others maintain paper files in the general office in locked cabinets.
Ask the office administrator and vice-principal to brief you regarding existing procedures used for record and information management.
Follow the district school board’s procedures for information management.
C. When you store information
When you store information, it must be done in such a way that it can be easily accessed when needed; at the same time, access must be restricted to only those who have a right to the information.
Maintaining confidentiality of information is the responsibility of every staff member. Ensure that everyone at the school, including itinerant staff, handles all personal information according to board requirements.
Follow your board’s procedures regarding how to establish, maintain, retain, transfer and dispose of pupil records.