The Student Appeals Branch operates within in the Governance and Accountability Division of the Ministry of Education. The Branch develops and facilitates procedures for section 11.1 appeals that are made to Superintendents of Achievement.  The Branch operates as the administrative arm of the appeals process and provides support to the Superintendents of Achievement in their role as statutory decision-makers in the process.

Superintendents of Achievement
Superintendents of Achievement have the authority to determine whether an appeal should be dismissed or be referred to mediation or adjudication. Superintendents of Achievement can also temporarily suspend a Board of Education’s decision pending the outcome of a section 11.1 appeal.

Superintendents of Achievement also work with Boards of Education to review student achievement, early learning programs and district literacy plans in every school district in the province, and make recommendations to school districts on how they could improve in those areas.

School Districts
The School Act establishes two levels of appeal for parents or students:

• First, every school district is required to establish an appeal process – this allows students and parents to file a section 11 appeal with their local Board of Education. A student or parent can appeal any decision of a board employee that significantly affects the education, health or safety of the student.  The board is then required to report its decision to the appellant - the student or parent - promptly.
• Second, a student or parent can now appeal a section 11 appeal decision by a Board of Education to the Superintendent of Achievement, if that decision falls within the scope of section 11.1 as set out in the Appeals Regulation. If the Superintendent of Achievement does not dismiss the appeal, the following two courses of action may occur.

Mediation
The Student Appeals Branch maintains a roster of mediators. When a Superintendent of Achievement refers an appeal to mediation, the Student Appeals Branch facilitates the mediator selection process. Once a mediator is selected, the parties meet and attempt to settle the matters in dispute. The mediation takes place in a private, informal setting where the parties participate in the negotiation and design of the settlement agreement. The mediator is trained to help people settle conflicts collaboratively and has no decision-making power. The dispute is considered settled only if both parties agree to the settlement. If the parties to an appeal cannot settle the issues through mediation, the Superintendent of Achievement may refer the appeal to adjudication.

Adjudication
The Student Appeals Branch maintains a roster of adjudicators. When a Superintendent of Achievement refers an appeal to adjudication, the Student Appeals Branch assigns an adjudicator to the parties. Once an adjudicator is assigned, the Student Appeals Branch facilitates the adjudication process. Adjudication does not always mean an oral hearing. Where an oral hearing is required, the Student Appeals Branch will facilitate the process by scheduling the date, time and place for the hearing.

Adjudicators accepted to the roster are required to have a background and experience in either law or education. Based on their expertise, they will write a binding decision based on the evidence provided. Adjudicator decisions are final and binding.