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WQSB Confidential "Red" Files

CONFIDENTIAL FILE CONTENT & MANAGEMENT

Content of Presentation by

LISA FALASCONI, Director of Complementary Services

WQSB COMPLEMENTARY SERVICES DEPT.

April 25, 2022

LEGAL FRAMEWORK

• Charter of Human Rights and Freedoms

• Civil Code of Quebec

• Education Act

• Professional Code of Ethics

• Act Respecting Access to Documents Held by Public Bodies and

the Protection of Personal Information

STUDENT FILES

Contains three distinct files:

• The academic file – contains identification information,

registration, admission, attendance, report cards

• The student’s confidential file – contains IEPs, evaluation

reports, diagnostic information, and any other confidential

information obtained through Consent to Release

Information

• The professional file – contains a professionals raw data

and professional notes related to the work they do with a

student – these are bound under Professional code and

their respective code of Ethics

CONFIDENTIAL FILE

• Ultimately includes the school red file and the school

board student file

• Contains all information dealing with the student’s

progress in accordance with the individual assistance

that is provided to him/her by the school interveners

• Students identified as ‘handicape’ or ‘At Risk’ or

students with ‘temporary difficulty who do not

necessarily require an IEP’ (Me Seguin presentation)

ACCESS TO THE CONFIDENTIAL FILE

• Depending on the age of the student:

• 0-14 year old student: The parents (or those with

parental authority) have access to the file and the

student could have access if he shows sufficient

judgement

• 14-18: The parents (or those with parental authority)

have access to the file and the student could have

access if he shows sufficient judgement

• 18+: The holders of parental authority no longer have

access to the file

WHO HAS ACCESS AT THE SCHOOL LEVEL?

• In order for a staff member to have access, the access must

be necessary in the role they play with the student they work

with and in the student’s best interest

WHERE ARE RED FILES AND CONFIDENTIAL FILES KEPT?

• At the school level the red files are kept in a locked filing cabinet

and room. This is typically within the office area of a school.

• At the board level the confidential file is kept in a locked room in

Complementary Services.

CAN I SEE MY CHILD’S RED FILE OR CONFIDENTIAL FILE? CAN I HAVE A COPY?

• This is sometimes referred to as an Access to Information

• If you would like to review your child’s confidential file, you would

make a request to the Secretary General

• That request will be forwarded to the Complementary Services

department where we (or the Secretary General) will make

arrangements for you to review your child’s file.

• You may request copies of your child’s file

• In respect to reports written by outside professionals, we are not

permitted to provide copies – those would need to be requested

from the original source

WHAT IS A CONSENT TO RELEASE INFORMATION?

• If you sign a consent to release information form, your child’s file can be

sent to another professional or yourself (depending on their age)

• Only documents and reports developed or created by WQSB will be

forwarded to the second party

• If you wish to have copies sent from other organizations, you will need

to request that they be sent from the original location

• You will need to sign a consent to release for WQSB to release or

exchange or communicate information verbally

• If we are receiving documents from a health and social services

network, and your child is 14 years old or older, your child will also have

to sign the consent

WHAT IF MY CHILD TRANSFERS SCHOOLS OR SCHOOL BOARDS?

• If your child transfers from one school to another, within WQSB,

the red file transfers with them.

• If your child transfers to another school board, a consent to

release information will be needed

• If there are outside reports, you will need to request consents

from the original location – we will not forward these documents

to other school boards

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