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4 ACCESS TO THE OSR
Access to an OSR means the right of those persons authorized by the Education Act or other legislation to examine the contents of the OSR. In addition, municipal and provin- cial 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.
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, pro- hibit 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 cer- tain 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. School boards should therefore consult with their freedom of information coordinators to determine whether they should develop policies on access to OSRs. Any such policies must be developed in accordance with the legislation.
Boards should develop their own consent forms, which they must use where the consent of the parent(s) or adult student is required for the release of information from the OSR. It is not acceptable to use Form 14 for this purpose; Form 14 should only be used for the release of clinical records under the Mental Health Act.
4.1 STUDENTS
Every student has the right to have access to his or her OSR.
4.2 PARENTS
The parents 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.
4.3 EDUCATIONAL PERSONNEL
Under the Education Act, only supervisory officers and the principal and teachers of the school have access to the OSR for the purpose of improving the instruction of the student. As noted above, additional access may be permitted under municipal and provincial freedom of information legislation, under specified and limited circumstances.
14 THE ONTARIO STUDENT RECORD (OSR): GUIDELINE, 2000 March 2000