Management, Disclosure, and Updating of Student Records

0 Comments

Alberta Regulation 151/2024, known as the Student Record Amendment Regulation, was filed on August 30, 2024, under the Education Act. Established by the Minister of Education (M.O. 13/2024) in accordance with Section 56 of the Education Act, it amends the existing Student Record Regulation (AR 97/2019) to introduce provisions aimed at improving the management, disclosure, and updating of student records.

One notable change is the amendment to Section 7(1), where the word “only” is removed. Although seemingly minor, this could expand the circumstances under which student records may be accessed or reviewed, possibly broadening the scope of who can access these records. Another significant addition is Section 9.1, which provides comprehensive guidelines for the disclosure of student records that have been transferred to the Minister. Under this section, the Minister can disclose a student’s record to several parties, including individuals entitled to review the record under Section 56(3) of the Education Act, employees within the Minister’s department (provided the information is necessary for their duties), and individuals conducting investigations under Section 70 of the Act. Additionally, disclosure may occur with written consent from the parent (for students under 16) or from the student or parent (if the student is 16 or older). The regulation also ensures that disclosures comply with other relevant regulations and the Freedom of Information and Protection of Privacy Act (FOIP Act). Further, those entitled to review a student record can request a copy from the Minister, and upon receiving the request and fee, the Minister is required to provide it.

Section 9.1(3) addresses the transfer of student records when students or children move between schools. If a student record has been transferred to the Minister, the regulation allows the Minister to share the record with the new school or early childhood services (ECS) program operator in Alberta. If the record is not in electronic form, the Minister must send the original record to the new school upon request. When a student transfers outside Alberta, the Minister is required to send a copy of the record to the receiving school upon request. This ensures a smooth transition of records, whether the student moves within the province or outside it.

The regulation also mandates that the Minister disclose information from a student record to the Department of Justice or its designate when requested. This applies to situations related to the administration of the Youth Justice Act or the Youth Criminal Justice Act (Canada), ensuring that student records are available for legal purposes, particularly in youth justice matters.

Another important provision is the new Section 9.2, which empowers the Minister to update student records under the Minister’s control. This includes ensuring that all necessary information is included and that any information that should not be part of the record is removed. This provision ensures that student records are accurate and in compliance with legal standards.

Alberta (151/2024) September 14, 2024