Effective March 3, 2008, amendments to section 11 of the School Act will come into force which provide a new avenue for the appeal of decisions and reconsiderations of boards of education. On the same day, a new appeals Regulation also comes into force, delineating the grounds upon which a student or parent of a student may appeal decisions and reconsiderations of boards of education.
The new sections 11.1 to 11.8 of the School Act provide that, subject to the regulations, a decision of a board of education made under section 11(6) of the School Act, or a reconsideration by a board pursuant section 11.5, may be appealed to the superintendent of achievement.
The new appeals Regulation specifies the grounds for appeal available to parents and students. Under the new Regulation, a student or parent of a student may appeal a decision made by a board of education under section 11(6) of the School Act (only if the decision significantly affects the education, health or safety of a student), or a reconsideration made by a board of education under section 11.5 of the School Act, provided that the decision or reconsideration:
The Regulation also provides that a student or parent may appeal a decision or reconsideration respecting the allocation of resources to the student’s educational program, only to the extent that the decision or reconsideration relates to the application of the board’s financial hardship policy, established under section 82.4 of the School Act, to the student.
(Click here for link to Bill 20)
(Click here for link to Appeals Regulation)