Grounds for an Appeal
Not all appeal decisions made by a Board of Education can be appealed to a Superintendent of Achievement
Before it can be appealed to a Superintendent of Achievement, a board decision must:
- have been made by an employee of a Board of Education;
- significantly affect the education, health or safety of a student; and
- fall within the allowable grounds as listed in the Regulation.
WHAT ISSUES FALL WITHIN THE SCOPE OF THE REGULATION?
Issues that fall within the scope of the Regulation include decisions made by a Board of Education employee regarding:
- expulsion from an educational program;
- suspension from an educational program;
- suspension from an educational program where no program is made available;
- distributed learning requirement as part of disciplinary matter;
- consultation about placement in an Individual Education Plan (IEP);
- a decision not to provide a student with an IEP;
- conduct (bullying, suspension, expulsion); and
- exclusion due to a medical condition that endangers others.
WHAT ISSUES FALL OUTSIDE THE SCOPE OF THE REGULATION?
Issues that fall outside the scope of the Regulation include Board of Education decisions regarding:
- class size;
- language of instruction;
- parent volunteers;
- holiday celebrations;
- examination of student records;
- enrolment in an educational program;
- entry to an educational program;
- support services for schools;
- enrolment in a francophone educational program;
- priority of enrolment;
- provision of francophone educational programs;
- school personnel;
- teacher collective agreements;
- establishment of Boards of Education;
- trustee qualifications;
- elections;
- Boards of Education – corporate status and meetings;
- establishment and closure of schools;
- management of schools and property;
- catchment areas;
- school calendar;
- extended day and year round schooling;
- achievement contracts; and
- support services
IF A BOARD OF EDUCATION DISMISSED AN APPEAL ON THE GROUNDS THAT THE APPEAL DID NOT FALL UNDER SECTION 11 OF THE SCHOOL ACT, CAN I STILL APPEAL THE SAME ISSUE TO A SUPERINTENDENT OF ACHIEVEMENT.
Yes. The Superintendent of Achievement will decide which issues fall within the range of issues that are eligible for appeal. Even where a Board of Education has decided to dismiss an appeal, a Superintendent of Achievement may decide that the appeal can proceed under section 11.1.