Third Party Student Records

Third Party Records

Documents and records obtained form third parties such as health or social service agencies will be subject to the same retention periods as records created by the school division. The only exception would be if the record was supplied to the board of education (board) on the express condition that it be retained for a specified period of time.

It would be advisable to determine andy conditions required form the third party at the time the records was obtained. Such instructions should be put into writing and kept with the record. If the board cannot comply with the conditions set by the third party the document should not be accepted.

Consultant Contractors

Professionals who are contracted with the board to provide testing or professional reports will have access to personal information of students. How such information must be stored and whether or not the contractor is entitled to retain any of the information can be addressed in the contract.

The contract should spell out:

  • any requirements for security and access to the information during the term of the contract;
  • the board right to determine the use, access and retention to the records once the board receives the reports contracted for; and
  • what the contractor must do with the information and records collected in the course of providing the services

Because of the sensitive nature of this type of information it would be advisable to require the contractor to turn over all documentation once the contract is concluded – the records would then be dealt with in accordance with the retention periods and disposal requirements of the board.

Youth Criminal Justice Act

There are specific requirements for storage and destruction of information received by the school pursuant to the federal Youth Criminal Justice Act. Restrictions on the material should be discussed with the provider of the information and should be carefully followed.

Generally speaking, access to this type of information is restricted only to specified individuals for specified purposes. It must be separately stored and must be disposed of within specific time periods.