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- Under what circumstances can a parent or student appeal a Board of Education decision?
- 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.
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- 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.
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- 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.
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