Student records
 24. (1) The principal shall, in accordance with the Education Act, the regulations made under that Act and the guidelines issued by the Minister, collect information for inclusion in a record in respect of each student enrolled in a course provided by the Authority and establish, maintain, retain, transfer and dispose of the record.  O. Reg. 392/02, s. 24 (1). (2) Where a student was formerly enrolled as a pupil in a school operated by a board or the Ministry, the principal shall request the transfer of the student record from the appropriate board or the Ministry.  O. Reg. 392/02, s. 24 (2). (3) A record is privileged for the information and use of the supervisory officer and the principal and teachers of the Authority for the improvement of instruction of the student.  O. Reg. 392/02, s. 24 (3). (4) Subject to subsections (6) and (8), a record is not available to any other person than those mentioned in subsection (3) without the written permission of the parent or guardian of the student or, where the student is an adult, his or her written permission.  O. Reg. 392/02, s. 24 (4). (5) Except for the purposes of subsection (8), a record is not admissible in evidence for any purpose in any trial, inquest, inquiry, examination, hearing or other proceeding, except to prove the establishment, maintenance, retention or transfer of the record,  without the written permission of the parent or guardian of the student or, where the student is an adult, his or her written permission.  O. Reg. 392/02, s. 24 (5). (6) The student and, where the student is a minor, his or her parent or guardian, is entitled to examine the student’s record.  O. Reg. 392/02, s. 24 (6). (7) Where, in the opinion of a student who is an adult, or of the parent or guardian of a student who is a minor, information recorded on the student’s record is inaccurately recorded or not conducive to the improvement of instruction of the student, the student, parent or guardian may, in writing, request the principal to correct the alleged inaccuracy or to remove the impugned information.  O. Reg. 392/02, s. 24 (7). (8) Where the principal refuses to comply with a request under subsection (7), the student, parent or guardian who made the request may, in writing, require the principal to refer the request to the supervisory officer, who shall either require the principal to comply with the request or submit the record and the request to a person designated by the Minister.  O. Reg. 392/02, s. 24 (8). (9) The designated person shall hold a hearing at which the principal and the person who made the request are the parties to the proceeding and, after the hearing, shall decide the matter.  O. Reg. 392/02, s. 24 (9). (10) The decision of the designated person is final and binding upon the parties to the proceeding.  O. Reg. 392/02, s. 24 (10). (11) Where a written request is made by a former student, a student where he or she is an adult, or the parent or guardian of the student where the student is a minor, nothing in subsections (3), (4) and (5) prohibits the use by the principal of the record in respect of a student to assist in the preparation of a report required by the Minister or a report, (a)  for an educational institution or for the student or former student, in respect of an application for further education; or (b)  for the student or former student in respect of an application for employment.  O. Reg. 392/02, s. 24 (11). (12) Nothing in this section prevents the compilation and delivery of such information as may be required by the Minister.  O. Reg. 392/02, s. 24 (12). (13) No action shall be brought against any person in respect of the content of a record.  O. Reg. 392/02, s. 24 (13). (14) Except where the record has been introduced in evidence as provided in this section, no person shall be required in any trial or other proceeding to give evidence in respect of the content of a record.  O. Reg. 392/02, s. 24 (14). (15) Except as permitted under this section, every person shall preserve secrecy in respect of the content of a record that comes to the person’s knowledge in the course of his or her duties or employment, and no such person shall communicate any such knowledge to any other person except, (a)  as may be required in the performance of his or her duties; (b)  with the written consent of the parent or guardian of the student where the student is a minor; or (c)  with the written consent of the student where the student is an adult.  O. Reg. 392/02, s. 24 (15). (16) For the purposes of this section, “guardian” includes a person, society or corporation who or that has custody of a student.  O. Reg. 392/02, s. 24 (16). (17) This section, except subsections (6), (7), (8), (9) and (10), applies with necessary modifications to a record established and maintained in respect of a student or retained in respect of a former student prior to September 1, 1972.  O. Reg. 392/02, s. 24 (17). (18) Nothing in this section prevents the use of a record in respect of a student by the principal or the Authority for the purposes of a disciplinary proceeding instituted by the principal in respect of conduct for which the student is responsible to the principal.  O. Reg. 392/02, s. 24 (18). Ontario Education Numbers