Appropriate Educational Programming - Page 5

4.6 Procedures for Appealing to the Superintendent a Decision that Significantly Affects the Education of a Student

4.6.1 A parent / guardian, or student, if the student is eighteen (18) years of age or older and is capable of doing so, may, within fourteen (14) days of the conclusion of the school level dispute resolution process, appeal to the Superintendent decisions that significantly affect a child’s education, such as disagreements about the educational programming and / or placement of students with IEPs in place.

4.6.2 The parent / guardian or student shall make the appeal in writing, stating the decision being appealed and the resolution being sought.

4.6.3 The Superintendent shall consider the appeal and render a decision within ten (10) working days.

4.6.4 The Superintendent may request additional information from the parent / guardian or student and from the school principal.

4.6.5 The Superintendent may hold a meeting with school representatives and the parents / guardians and student (where applicable) in an effort to resolve the dispute.

4.6.6 Parents / guardians, or student, have the right to be assisted by a resource person of their choosing in the meeting referred to in section 4.6.5 above. The responsibility for engaging and paying for such assistance rests with the parents / guardians.

4.6.7 After the Superintendent has made a decision, the parents / guardians, or student (if applicable) and the school principal shall be informed of the decision in writing forthwith.

4.6.8 The Superintendent shall inform the parents / guardians, or student, if the student is eighteen years of age or older and submitted the appeal, of the right to appeal the decision of the Superintendent to the School Board within fourteen (14) days of receipt of the decision.

4.6.9 The Superintendent shall provide the parents / guardians, or student (where applicable) a copy of the Procedures for Appealing a Decision Regarding a student’s educational programming or placement to the School Board.

4.7 Procedures for Appealing to the School Board a Decision that Significantly Affects the Education of a Student

4.7.1 A parent / guardian, or student, if the student is eighteen (18) years of age or older and is capable of doing so, may appeal the decision of the Superintendent referred to in 4.6.7 above to the School Board within fourteen (14) days of receipt of the decision.

4.7.2 The appellant shall submit the appeal in writing, briefly setting forth the reasons for the appeal, to the attention of the Secretary-Treasurer.

4.7.3 The Secretary-Treasurer, upon receipt of a Notice of Appeal to the Board, will:

a) advise the Superintendent of the appeal;

b) in consultation with the Board Chair, schedule a hearing on a date which allows the appellant and the Superintendent sufficient notice and time to prepare for a presentation to the Board;

c) advise the appellant and the Superintendent of the following as applicable:
i) date, time and place of the hearing
ii) the right to have a resource person of the parent’s choosing present
iii) the right to examine the student’s school cumulative record, upon request, prior to the hearing
iv) the right to present any information pertaining to the appeal, including expert medical, psychological and educational testimony
v) opportunity to decide whether or not the student will be present at the appeal hearing during the presentation of evidence
vi) the expectation that matters under appeal must be specific to the student’s individual programming and placement represented by the appellant.

4.7.4 Appeals will be heard by the Board at an in-camera Board meeting, at the earliest date possible which allows the person making the appeal and the Superintendent sufficient notice and time to prepare for the presentation.

4.7.5 Parents, when appealing a decision to the Board, have the right to be assisted by a resource person(s) of their choosing. The responsibility for engaging and paying for such assistance rests with the parents. Expert witnesses may make representation on behalf of the School Division administration.

4.7.6 The Superintendent will supply the Board with written material deemed pertinent to the case. The Board may request the parent and / or student, and any employees who made decisions on the matter under appeal, to appear before it to present their positions.

4.7.7 The Board reserves the right to make its decision at a subsequent Board meeting. The parties to the appeal will be advised when the decision will be made. The Board decision will be made in open session.

4.7.8 After the Board has made its decision, the appellant and Superintendent shall be informed of the decision in writing forthwith.

4.7.9 If the dispute is about appropriate educational programming, the Board shall inform the appellant of the right to complain to the review coordinator appointed by the Minister of Education, Citizenship and Youth.

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