Administrative Procedure 325
Right of Access
Principals shall act in loco parentis (in place of the parent) with respect to protecting the safety and rights of students while at school. At the same time, principals have a duty to make information available to parents, guardians or others having a legitimate interest in the child, or to provide access to the child at appropriate times. It is the responsibility of the Principal to determine whether or not the request is appropriate.
Wild Rose School Division operates under the “Protocol and Guidelines for Child Welfare Workers and School Personnel” approved by Alberta Education and Alberta Children’s Services. The following procedures may assist in cases where disputes arise.
Guardianship refers to the rights and responsibilities of an individual/agency to make decisions on behalf of a child.
Custody refers to the actual physical care of a child, and usually the custodian will be the guardian.
Access refers to those who may (usually by court order) have access to the child. This may range from unlimited access to conditional access.
1. The onus is on the parent/guardian or other party to provide evidence (documentation) in support of their claim to guardianship, custody or access to the child. This should normally be done through the school registration process, and updated any time there is a change in status.
2. Where the Principal is not satisfied with the evidence provided, and where there is a dispute, the matter shall be referred immediately to the Superintendent or designate and to the nearest office of the Child Welfare Department of the Child and Family Services Regional Authority, prior to the release of the children.
3. Where the Principal considers there to be a threat to the safety of the child, the RCMP shall be notified as well as the Child and Family Services Regional Authority.
4. The Principal will make every effort to ensure the safety of the child is not compromised until the matter is satisfactorily resolved. However, in so doing, the Principal should not place her/himself or staff in physical danger.
5. In cases where the Principal is unsure of the action to take, and circumstances permit it, the Principal should contact the Superintendent or designate for clarification.
Reviewed: July, 2011
Next Review by: July, 2016
School Act Section 1 (parent, guardian definitions) 23, 60, 61
Protocol and Guidelines for Child Welfare Workers and School Person
Policy 11 Delegation
AP 320 Student Records
AP 321 Youth Criminal Justice Act Records