Procedure 2.1.27 ONTARIO STUDENT RECORDS (OSR)
1.0 ESTABLISHMENT OF THE OSR
2.0 Responsibility for the OSR
- establish, maintain, retain, transfer, and dispose of a record for each student enrolled in the school in compliance with this guideline and the policies established by the board;
- ensure that the materials in the OSR are collected and stored in accordance with the policies in this guideline and the policies established by the board;
- ensure the security of the OSR, by maintaining these records in locked filing cabinets, in a secure area;
- ensure that all persons they have specified to perform clerical functions with respect to the establishment and maintenance of the OSR are aware of the confidentiality provisions of the Education Act and the relevant freedom of information and protection of privacy legislation.
3.0 Components of the OSR
An OSR will consist of the following components:
3.1 The OSR Folder in Form 1A (see Appendix A) or Form 1(see Appendix B)
All parts of the folder must be updated at least annually, in addition to when the OSR is created or received, and upon transfer or retirement of the student from your school. See the Ontario Student Record Guideline for detailed instructions for completing each part.
When student information is updated, ensure that the change is noted both on the OSR folder and in the school’s Student Information System.
3.2 Report Cards
Reporting is completed as outlined in the Ministry of Education’s guideline Growing Success: assessment, evaluation, and reporting in Ontario’s schools.
Completed progress reports and report cards (all pages), or exact copies of them, will be placed in each student’s OSR folder following each reporting period for Grades 1-12.
Completed Kindergarten Communication of Learning: Initial Observations, and Kindergarten Communication of Learning reports (all pages) and/or exact copies of these reports, will be places in the child’s OSR folder following each reporting period.
Where a student joins or leaves the school during a reporting period the reports listed above must be completed and filed in the OSR folder for each student who has been enrolled in the school for more than six weeks (including weekends, holidays, etc.) from the commencement of the reporting period:
- at the time of their transfer to another school; or
- at the time of their retirement from school; or
- at the end of each reporting period or semester.
If the student’s OSR has been transferred to another school, the report card must be forwarded to that school for inclusion in the student’s OSR.
Anecdotal and other informal reports of student progress related to the improvement of instruction may be filed at the discretion of the principal.
3.3 The Ontario Student Transcript (OST)
Ontario Student Transcripts are maintained as outlined in the Ministry of Education’s The Ontario Student Transcript (OST) Manual, 2013.
The current copy of the OST may be printed or maintained electronically. This current copy must be copied onto an official OST form (see Appendix C) when it is issued to the student, when it is required for external use, or when it is placed in the OSR of a student who transfers to another school in Ontario.
Upon graduation or retirement, a current and accurate copy of the student’s OST must be stored in the OSR folder.
Copies of Ontario Student Transcripts are provided free of charge to students currently enrolled in a secondary school of the Board, or who were enrolled the previous year. Copies requested by students not currently enrolled and out of school for more than one year will be subject to a fee set by the school.
3.4 The Documentation File
A documentation file will be established when the following information is required:
- a custody order
- a change of surname, or a written request to be named by reputean Identification, Placement, and Review Committee (IPRC) Statement of Decision, and any associated recommendations, appeals, or tribunal’s decisions regarding identification and/or placement, where applicable
- an Individual Education Plan (IEP)
- educational, psychological, and health assessments
- an Intensive Support Amount (ISA) status form
- the report of a Supervised Alternative Learning for Excused Pupils (SALEP) committee
- letters of request for a correction to, or a deletion from, the record where the request has not been granted (see section 9)
- a Violent Incident Form (see Appendix J)
- other reports and/or information identified in accordance with the policies established by the school board (see section 2)
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- Speech and Language reports
- Consent forms relating to any included assessments
- Suspension letters
- Expulsion documentation
- Records of communication – for any significant communications as determined by the principal. These may include communications with the parent/guardian, community agencies, Board services, etc.
- Correspondence and/or forms relating to Attendance and Fees.
- Standardized achievement reports
- Supervised Alternative Learning (SAL) documents
- Cooperative Education Program Participant’s Agreements
- Immigration and related information
- E.Q.A.O results
- Any information not listed above, which is considered useful in monitoring the programs of exceptional/special needs students.
Any other material included in an OSR must, in the principal’s opinion, be conducive to the improvement of the instruction of the student.
When a report is requested from a professional, paraprofessional, or other relevant person, that person should be advised that the report will be filed in the OSR and will be subject to the access provisions governing the OSR.
As with other material included in an OSR, these reports should only be included if, in the principal’s opinion, they are conducive to the improvement of the instruction of the student.
For retention schedules of particular documentation within the folder, refer to Section 8.0.
3.5 The Office Index Card
While this document is an Ontario Student Record requirement, it is not filed in the OSR folder and is not transferred with the OSR when a student transfers from the school.
The office index card (see Appendix E) contains basic biographical data, enrollment, transfer/retirement dates, school information, and details on the transfer of the OSR, where applicable. Full details regarding the required contents are available in the Ontario Student Record Guideline.
When a student transfers to another school, graduates, or retires from school, the school will ensure all information is included and updated on the office index card. The office index card will be stored at the school in a secure location, to be retained for 55 years after the retirement/transfer date.
3.6 Additional Information identified as being conducive to the improvement of the instruction of the student
This includes any information identified as such by the principal. This information would remain in the Ontario Student Record only until it is no longer considered to be conducive to the improvement of the instruction of the student.
The following additional components have been identified as required by the Ministry of Education:
3.6.1 Student record of accumulated instruction in French as a second language in elementary school
This record will be established and maintained for each student enrolled in an elementary school, and will be kept on a card that is identical to the one in Appendix F.
The record will be updated at least annually, and when a student transfers to another school or retires from school.
If a student has had previous instruction in French but no record is available, the entries on the card must be started at least from the date of enrolment in an Ontario school. A note will be made on the first lines of the instruction card indicating what is known about a student’s previous instruction in French as a second language and in other subjects taught in French. If the number of accumulated hours must be estimated, an annotation must indicate that the figure is approximate.
3.6.2 Prior Learning Assessment and Recognition (PLAR) challenge for credit: cumulative tracking record
Tracking of PLAR credits will be done according to Policy/Program Memorandum (PPM) No. 129, Prior Learning Assessment and Recognition (PLAR): Implementation in Ontario Secondary Schools, issued July 6, 2001, as well as PPM No. 132, Prior Learning Assessment and Recognition for Mature Students – Revised Mandatory Requirements, issued July 28, 2023.
If a secondary school student challenges for credit for a Grade 10,11 or 12 course through the PLAR challenge process, a record of all credits earned and attempted will be established and will be maintained in the student’s OSR using a PLAR Challenge for Credit: Cumulative Tracking Record (see Appendix K).
If a student earns a credit through the challenge process in a school outside their regular school, the principal of the school outside the student’s regular school will use an Interim Tracking Record form to communicate the results of the student’s challenges for credit to the school that maintains the OSR. The principal of the student’s regular school will enter the information onto the Cumulative Tracking Record form in the student’s OSR.
For mature students, PLAR results though the equivalency process and the challenge process will be recorded on the appropriate Cumulative Tracking Record (see PPM 132), and will be maintained and included in the student’s OSR.
4.0 Access to the OSR
Access shall be granted as required to those authorized by the Education Act or other legislation to examine the contents of the OSR. In addition, municipal and provincial freedom of information legislation permits persons who have the right to have access to personal information to receive copies of the information. This provision applies during both the period of use of the OSR and the period of retention and storage.
Access to the OSR by anyone other than those stated in 4.3 is to be under the supervision of a member of the teaching staff authorized by the Principal.
Both the Municipal Freedom of Information and Protection of Privacy Act, which applies to schools operated by school boards, and the Freedom of Information and Protection of Privacy Act, which applies to Provincial and Demonstration Schools, prohibit institutions from releasing personal information in their custody or under their control to anyone other than the person to whom the information relates, except in certain circumstances. These circumstances are defined in the legislation, and it is up to the head of an institution to decide whether or not to grant access to personal information in such circumstances. If in doubt, consult with your Superintendent of Education, or the freedom of information coordinators.
4.1 Students
Every student has the right to have access to his or her OSR.
4.2 Parents/Guardians
The parents/guardians of a student have the right to have access to the student’s OSR, until the student becomes an adult (age eighteen). Under both the Children’s Law Reform Act and the Divorce Act, 1985, the legal right of a non-custodial parent to have access to a child includes the right to make inquiries and to be given information concerning the child’s health, education, and welfare.
Access to Board Legal Counsel Re: OSR Issues
Individuals requesting access to Board solicitors are required to refer the matter to their regional Superintendent of Education.
Withholding Information in Special Circumstances
Information in an OSR should not be released unless the principal is so ordered by the Court or the principal has a signed release from the legal guardian, parent, or student if the student is of legal age.
- It may be justified in a particular emergency situation for a principal to withhold certain personal information, such as a spouse’s address or location, which is normally available to the other parent/guardian of a student. This refusal may be justified in compelling circumstances when such disclosure could reasonably expect to threaten the safety or health of an individual. A parent seeking protection at a shelter may create such a circumstance;
- The principal should consider disclosing as much information as can reasonably be provided without releasing the location and include information, if known, that the child is safe and well. It should be indicated that certain personal information cannot be released at the time as it affects the interest of another party and the other party is requesting an opportunity to make representations concerning disclosure;
- The principal must be seen as acting in good faith with reasonable grounds for the belief and suspicion that the student is or may have been suffering abuse or be seriously threatened as it relates to safety or health;
- The student’s views and wishes, appropriate to age and circumstance, should be reasonably ascertained and considered. The Children’s Aid Society, police, or legal representatives of both parties should resolve issues where necessary.
- While ensuring that each parent’s rights to information are respected, disputes related to custody and access are not the responsibility of the school to resolve.
4.3 Educational Personnel
Under the Education Act, only supervisory officers and the principal, teachers, and designated early childhood educators of the school have access to the OSR for the purpose of improving the instruction and other education of the student. This includes itinerant teachers employed by the Board assigned to specific schools on a regularly timetabled basis to work directly with individual students or groups of students.
Staff employed by DSB1 (e.g., Principal of Special Education), may have access to appropriate parts of an OSR as determined by the Principal or Supervisory Officer. Such access is subject to addressing the issues noted in the MFIPPA section below, and where the employee is acting in a consultative role to the principal or teacher. In situations where DSB1 staff are meeting with or providing direct service to the student, written consent from the parent(s), guardian or student of consenting age is required (e.g., Attendance Counsellor, CYW).
Improper release or disclosure of information is referenced in the Ontario College of Teachers Act, 1996, as a matter of professional misconduct (Ontario Regulation 437/97).
No OSR shall be removed from the school without the authorization of the Superintendent.
For secondary schools a Substitute Record Card or equivalent tracking system is to be inserted in the file when the OSR is transferred from the school.
When OSRs are temporarily removed from the area of storage, they must be replaced by a sign-out card or notation in a tracking register as approved by the principal (Appendix M).
Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)
Pursuant to section 32, clause (d) of the MFIPPA, disclosure of personal information may be made “if the disclosure is made to an officer or employee of the institution who needs the record in the performance of his or her duties and if the disclosure is necessary and proper in the discharge of the institution’s functions”. Such access may be permitted if all of the conditions below are met:
- The person to whom the disclosure is made must be an employee of the Board;
- That person must need the record to perform his or her duty (or job); and
- The disclosure is necessary and proper for the institution to carry out its function.
Board employees requesting access to an OSR under this clause without written consent of the adult student or parent/guardian of the child must ensure that, in performing their duty to a specific individual, legal as well as ethical and professional practices and guidelines are addressed. This includes consideration of issues related to informed consent as well as the individual’s privacy rights. (e.g., a principal may authorize access to an OSR where a DSB1 Program Services staff person has been requested by a Principal or Teacher for advice on specific teaching strategies for an individual student. Such access is in the role as a consultant to the Principal or Teacher.)
Normally “duty” to an individual student begins once written consent has been obtained and following full information being provided to the adult student or parent/guardian of the student regarding the “duty” offered. The signed consent must be kept in the OSR. Principals, in approving such access to an OSR, must be sensitive to situations where the adult student or parent or guardian of the student may object to access without written consent.
4.4 Ministry and School Boards
The Education Act permits the compiling and delivery of information contained in an OSR if it is required by the Minister of Education or the school board. In instances where ministry staff members are seeking to collect information from OSRs, students who are adults and parents of students who are not adults will be notified.
4.5 Courts and Law Enforcement Agencies
All requests and/or subpoenas from Courts, law enforcement agencies, and lawyers must be forwarded to the Superintendent of Education before documents are copied or released.
Subsection 266(2) of the Education Act states that the OSR will not be produced in the course of any legal proceedings. There may be occasions, however, when access to the OSR of current students or former students will be sought. In such cases, boards should obtain legal advice from their lawyers in order to deal with such issues as the following:
- whether the Education Act in fact prevents the production of the OSR
- whether the OSR in question is relevant to the proceedings
- if the OSR is relevant to the proceedings, whether a copy, rather than the original, may be submitted to the court
Both the municipal and provincial freedom of information acts permit disclosure of personal information for the purposes of law enforcement. The conditions for disclosure and the definition of “law enforcement” are contained in the legislation. Principals should consult with their Superintendent of Education regarding any such requests.
In court proceedings, subject to an appeal, the judge’s order must be followed. If a principal receives a court order requiring the release of an OSR, the principal should contact the board’s legal counsel. Although court orders must be followed, the principal should obtain legal advice about the issues listed above.
4.5.1 Civil Suits
A principal may be served with a subpoena requiring that he or she appear in court on a particular date and bring part or all of an OSR. If a principal receives a subpoena, he or she must comply with it, but should obtain legal advice from the board’s legal counsel.
As a general rule, the principal should go to court with both the original OSR and a complete and exact photocopy of it, and should propose to the judge that the photocopy be submitted instead of the original. The principal should also inform the judge that the subpoena is inconsistent with subsection 266(2) of the Education Act. The principal must, however, relinquish the documents if ordered to do so by the judge.
4.5.2 Cases involving the Criminal Code
The Criminal Code is federal legislation; where there is a conflict between it and provincial legislation, it takes precedence. Therefore, if a principal is served with a search warrant under the Criminal Code requiring the surrender of an OSR to the police, or is served with a subpoena requiring his or her appearance at court with the OSR, he or she is obliged to comply with the search warrant or the subpoena. In both cases, the principal should obtain legal advice from the board’s legal counsel about any relevant issues.
The principal should also inform the relevant authority (i.e., the police or the judge) that the use of any part(s) of the OSR as evidence in court proceedings is inconsistent with subsection 266(2) of the Education Act. The principal should present the police or the judge with both the original OSR and a complete and exact photocopy of it, and should propose that the photocopy be submitted instead of the original.
4.5.3 Provisions under the Child and Family Services Act
Under the Child and Family Services Act, R.S.O. 1990, c. C.11, it is possible for a court to order a principal of a school to produce a student’s OSR for inspection and copying. A court may make such an order if it is satisfied that (a) a record contains information that may be relevant to a consideration of whether a child is suffering abuse or likely to suffer abuse, and (b) the person in control of the record has refused to permit a Children’s Aid Society director to inspect it. If a principal receives a court order under the Child and Family Services Act, they should seek legal advice about how to comply with it.
4.6 Requests for Information from Third Parties Regarding Students
Release of information regarding students requires the written consent of the adult student or the parent/guardian of a child.
Requests for information must be in writing and addressed to the school principal. An original copy of a consent form signed by the adult student or parent/guardian of the child must be included. Principals should assure themselves that all requests are authorized.
Requests from family physicians, psychologists in private practice, etc. must also meet the requirements as above.
Requests for copies of psychological assessments and/or copies of reports from other agencies that have been included in the OSR should be directed to the originator of the report.
Requests for information from lawyers should be reviewed thoroughly. As information sought in legal matters may be sensitive, principals are encouraged to review the contents of school reports carefully to ensure that information provided is appropriate and objective. Requests from lawyers representing one party in an action may well seek a bias towards that party. It may be appropriate to review certain requests with our board solicitor. Contact is made through your Superintendent of Education.
4.7 Providing Copies of OSRs or OSR Documents
A copy of the contents of the OSR shall be subject of a fee of $25.00 plus 25¢ per page. Principals may waive the fee based on compassionate reasons. One copy shall be issued free of charge to other educational institutions authorized to receive the OSR.
Copies of third party reports such as psychological and agency reports are NOT to be given out. The request must be directed to the author of such reports.
In situations concerning separated or divorced parents, a copy must be provided to both parents upon written request, unless altered by a Court Order. If in doubt, consultation should occur with your regional Superintendent of Education.
5.0 Use and Maintenance of the OSR
6.0 Transfer of the OSR
The transfer of the OSR means the transfer of all parts of the OSR other than the Office Index Card (see section 3.5). Subject to the conditions outlined below, the original OSR is transferable only to schools in Ontario.
When a student transfers to another school in Ontario, the receiving school must be sent written notification of the student’s transfer (see sample Appendix G) indicating that the student’s OSR will be sent upon receipt of an official written request. The receiving school will then forward the request to the sending school once the student or their parent/guardian has completed their registration.
When a student transfers to another school outside Ontario, only a copy of the student’s OSR may be sent upon receipt of an official written request from the receiving school. When a student transfers from another school outside Ontario, the receiving school will forward an official written request to receive a copy of the student’s record, which will become a part of the student’s OSR once it is established.
If the original OSR is being transferred between schools operated by the same school board, it may be transferred by a delivery service provided by the board.
If the original OSR is being transferred to a school in another board, to a private, federal or First Nation school, or to a Provincial or Demonstration School, it must be transferred by Priority Post or Purolator. Ensure that parcel tracking and signature upon receipt are required, and that the parcel is labelled as Confidential.
If a school is transmitting OSR information electronically or by means of facsimile, arrangements must be made to ensure the secure and confidential transfer of the information. See the OSR guideline for further information.
6.1 Timing of OSR Requests
OSR requests should be made after the student has begun attending their new school, to ensure that the OSR is sent to the correct school and to avoid unnecessary transfers.
A consent for disclosure form (see Procedure 2.1.23, Appendix D) should be completed when registering a new student. This allows principals to contact the student’s previous school and discuss their history to ensure there are no issues before accepting the registration and requesting the OSR.
Special Considerations: For students with special requirements, such as those needing medical devices or special education support, an OSR request can be made before the student physically attends your school but after the student is fully registered. This allows us to prepare, and accommodate their needs effectively from the first day.
6.2 Transfer to a school in another board, to a Provincial or Demonstration School, or to a specified federal or First Nation School in Ontario
Before a principal transfers an original OSR to a school operated by another school board in Ontario, or to a Provincial or Demonstration School in Ontario, or to a federal of First Nation School in Ontario as specified below, the principal must receive a written request for the information from the principal of the receiving school. (see sample Appendix H)
This provision applies to federal and First Nation school in Ontario that:
- Have chosen to establish and maintain OSRs for their students; and
- Are prescribed under section 3 of Ontario Regulation 261/19 “Reciprocal Education Approach” (more information and list of eligible schools), or that have an existing reverse education services agreement with the board that was entered into prior to September 1, 2019.
If this information has not been provided or cannot be confirmed on the website above, the principal or the board should ask the school whether it meets the above criteria.
6.3 Transfer to a private school, or to a First Nation School in Ontario not specified in 6.1
Before a principal transfers an original OSR to an private school, or a federal or First Nation school in Ontario, the principal must have received:
- a written request for the information from the receiving school, in which the school agrees to accept responsibility for the OSR and to maintain, retain, transfer, and dispose of the OSR in accordance with this guideline (see sample Appendix I); and
- a written statement indicating consent to the transfer, which is signed by the parent(s) of the student if they are not an adult, or by the student if they are an adult.
6.4 Transfer to an education institution outside Ontario
An original OSR may not be transferred outside Ontario. Only an exact copy of the OSR may be sent to the principal of an educational institution outside Ontario after the principal who is responsible for the OSR has received:
- a written request for the information from the principal of the educational institution outside Ontario; and
- a written statement indicating consent to the transfer, which is signed by the parent(s) of the student if they are not an adult, or by the student if they are an adult.
6.5 Confidential Transfer of OSRs
When students are registered at a new school because the legal custodial parent/guardian is seeking protection and has gone into shelter, the principal will ascertain whether or not the parent/guardian wishes the move to be kept confidential. (See Section 4.2)
Where the legal custodial parent/guardian wishes the move to remain confidential the following procedure will be followed:
- The receiving school will notify their Superintendent of Education of the need for confidentiality, the names of the student(s) concerned, the school name/address from which the student(s) came, and date admitted.
- The previous school will be notified by the Superintendent of Education to demit the student(s) and requested to send the student records to the Superintendent of Education. No information will be provided regarding the destination of the student(s).
- The records will then be forwarded to the receiving school by the Superintendent of Education and a record kept of this transaction.
- If an enquiry is made of the sending school as to the whereabouts of the children, the sending school should only relate that the records were sent to the Superintendent of Education.
7.0 Retirement of A Student
- an up-to-date copy of the student’s OST, if applicable
- the information and materials stored in the OSR folder that are not required to be retained under the retention schedule provided in section
8.0 Retention, Storage, and Destruction of Information in the OSR
- reports cards
- the documentation file, where applicable
- additional information that is identified by the school board as appropriate for retention
- the OSR folder
- the OST
- the office index card
9.0 Correction or Removal of Information in the OSR
10.0 Change of Surname
Principals are reminded to ensure that all manual and electronic records are updated.
10.1 Change by Repute
When a principal receives a written request from an adult student or the parent(s) of a student who is not an adult that the student be identified by a surname other than the legal surname of the student and when (a) the student is known by a surname other than their legal surname, (b) the surname is a name obtained by repute, and (c) the use of the surname is in the student’s best interests, the principal will record the requested surname in Part A of the OSR folder in addition to the legal surname of the student, and the requested surname will be used henceforth. In this case, the legal surname will be enclosed in brackets. The written request will be stored in the documentation file (see section 3.4).
Unless the student’s name is legally changed and the school receives verification of the new legal change of name (e.g., a new birth certificate), the legal name of the student must continue to be recorded on all official documents (report cards, transcripts, OSR, ONSIS, IPRCs, etc.). The surname or given name by repute may be used on class lists and other unofficial school records.
10.2 Change by Marriage
When a principal receives a document that establishes that a student for whom the principal maintains an OSR has had their surname changed by marriage, the principal will file the document, a copy of the document, or a verification of their knowledge of the document in the documentation file, and will change the surname of the student on all current and future components of the OSR.
10.3 Change by Law
When a principal receives a document that establishes that a student for whom the principal maintains an OSR has had their surname changed in accordance with the law of the province, state, or country in which the document was made, the principal will file the document, a copy of the document, or a verification of their knowledge of the document in the documentation file, and, on request, will change the surname of the student on all components of the OSR so that the record will appear as if originally established in the new surname.
11.0 Continuing Education Records
Appendices
References