 |
|
|
- How do I submit an appeal to a Superintendent of Achievement?
- To appeal a Board of Education decision under section 11.1 of the School Act, an appeal application must be submitted to the Student Appeals Branch. Forms are available online or from the Student Appeals Branch. The form may be submitted by, fax, mail, courier or delivered in person.
- What documents are required in order to file an appeal under section 11.1 of the School Act?
- In order for the Superintendent of Achievement to consider the appeal, the Notice of Appeal Form must be completed and signed by the appellant. A copy of the Board of Education’s decision that is being appealed must also be provided.
Top
- Who will contact me once I submit my appeal to the Superintendent of Achievement?
- The Student Appeals Branch is responsible for the administrative process associated with section 11.1 appeals. Upon receiving the appeal application, the Student Appeals Branch will open an appeal file and notify the appellant that his/her appeal has been received.
- Will anyone from the Student Appeals Branch be able to assist me in preparing my appeal?
- No. The Student Appeals Branch must remain neutral throughout the appeal process and cannot assist either party with the preparation of their documents or with their appeal case files. The role of the Student Appeals Branch is to provide administrative support for the appeal process. In this capacity, the Student Appeals Branch can provide general information about how the appeal process works or how to access forms and information online.
- What happens to my appeal if I do not fill in the paperwork correctly?
- Forms submitted by an Appellant are reviewed by the Student Appeals Branch to ensure they are complete. If the Application is incomplete, the Student Appeals Branch will contact the appellant for the missing information. An appeal application may not be considered by the Superintendent of Achievement unless it contains all the required information.
Top
- What happens after the appellant submits the Notice of Appeal Form and a copy of the Board of Education’s decision to the Student Appeals Branch?
- Upon receiving the required information, the Student Appeals Branch will:
- Enter the information into the Appeal Information Management System (AIMS);
- Assign the appeal a case number;
- If the application is incomplete, contact the appellant to obtain the missing information;
- Notify the respondent (the Board of Education) that their decision is being appealed to a Superintendent of Achievement;
- Request that the respondent submit a Notice of Response Form to the Student Appeals Branch; and
- Ensure full disclosure – each party in an appeal must be provided with all the materials the other party has submitted to the Superintendent of Achievement.
- What is the purpose of the Notice of Response Form?
- The Notice of Response Form will provide the board with an opportunity to respond to the appellant's appeal application.
Top
- Do I need to notify the Board of Education when I file an appeal of its decision?
- No. The Student Appeals Branch will notify the respondent that an appeal has been initiated by providing the respondent with the copy of the Notice of Appeal.
- Can I continue to talk with the Board of Education, even after I file an appeal with the Superintendent of Achievement?
- Yes. Parties are encouraged to continue to communicate in an attempt to resolve their dispute independent of the formal appeal process. You may continue to negotiate and discuss your dispute with the Board of Education throughout the appeal process.
- Is an Appellant entitled to an oral hearing?
- No. Section 36 of the Administrative Tribunals Act allows an adjudicator to hear an appeal by written, electronic, or oral hearing.
- Are parents able to bypass a Board of Education and appeal directly to a Superintendent of Achievement?
- No. An appeal to a Superintendent of Achievement may only be initiated after the appeal process at the Board of Education level has been completed and a decision has been communicated to the appellant.
Top
- Can an Appellant withdraw from an appeal?
- Yes.
At any point in the appeal process, an Appellant may formally withdraw by notifying the Student Appeals Branch in writing.
- Can I ask the Superintendent of Achievement to suspend a Board of Education’s decision? How would I make this request?
- Yes. An Appellant may request in writing that the Superintendent of Achievement suspend the Board of Education’s decision until the matter is heard. The Superintendent of Achievement may ask the respondent to provide reasons why the decision should not be suspended. After considering the parties’ submissions, the Superintendent of Achievement may:
- refuse the appellant’s request or
- order that all or part of the Board of Education’s decision be suspended pending the outcome of the appeal.
- What if I disagree with the final result of my appeal?
- Decisions reached by Superintendents of Achievement and adjudicators are final and binding, subject only to review by the Supreme Court of British Columbia.
|
|
