Frequently Asked Questions Membership Services answers your questions.

It seems that the Municipal Freedom of Information and Protection of Privacy Act and the Education Act differ on the issue of access to student records. Can you please clarify?

This question doesn’t come up frequently, but it is important. The Municipal Freedom of Information and Protection of Privacy Act gives an individual the right to the protection of and access to their personal information held by local government organizations, including municipalities, school boards, police commissions, boards of health and other local boards.

ACCESS TO PERSONAL INFORMATION

Section 54(c) of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) states that: "Any right or power conferred on an individual by this Act may be exercised ... (c) if the individual is less than 16 years of age by a person who has lawful custody of the individual."

While an individual has the right of access to the personal information held by government and others about them, section 54 (c) gives the parent the right to act on a student’s behalf if the student is under 16.

However, section 32(e) of the MFIPPA permits disclosure by an institution of personal information in its custody or under its control "for the purpose of complying with an Act of the Legislature or an Act of Parliament, an agreement or arrangement made under such an Act."

INFORMATION CONTAINED IN OSR

The Education Act requires a principal to collect information for inclusion in a pupil’s record and to establish, maintain, retain, transfer and dispose of the record. The pupil’s record – the Ontario Student Record (OSR) – contains the record of a student’s educational progress through schools in Ontario. The information contained in the OSR is privileged and is intended to be used for the information and use of supervisory officers, and the principal and teachers in a school for the improvement of the pupil’s instruction.

The Education Act also regulates access to an OSR. Section 266(3) states that "a pupil and his or her parent or guardian where the pupil is a minor, is entitled to examine the record of such pupil."

The Ontario Student Record (OSR) Guideline, in clarifying the responsibility, indicates that each student and the parent(s) of a student who is not an adult (that is, a student who is under the age of 18) must be made aware of the purpose and content of, and have access to, all of the information contained in the OSR.

Every student, regardless of age, has the right of access to their OSR. Further, the parents or guardian of a student have the right to have access to the student’s OSR until the student becomes an adult.

An individual has the right of access to the personal information held by government and school boards. At age 18, a student may deny a parent access to the information contained in the OSR. At age 16, a student may deny a parent access to the personal information held by other government bodies.

I understand the guidelines for Additional Qualification (AQ) courses are currently being revised. How will this affect the qualification I’m currently taking a course to acquire?

Any teacher who successfully completes an AQ course under existing guidelines will continue to have the qualification recorded on their teaching certificate. In other words, even if the guideline for the AQ you’re studying for changes in the future, you’ll still be credited with the qualification you earn this year.

It’s worth mentioning as well that teachers who already hold qualifications don’t get decertified if that teaching subject is removed from the curriculum. In those cases, the Ministry of Education and the College will develop a list of other subjects that teachers who hold the qualification can teach.