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- What is the new appeal process for parents and students in B.C.?
- Since 1992, the School Act has included a provision for a student or parent to appeal a decision of an employee of a Board of Education. Section 11 of the School Act provides that “if a decision of an employee of a board significantly affects the education, health or safety of a student, the parent or the student may, within a reasonable time from the date that the parent or student was informed of the decision, appeal to the board.”
Until the spring of 2007, a decision of a Board made under section 11 was final. Beyond this, parents could make a complaint to the Ombudsman, the Human Rights Tribunal or seek remedy in the courts.
An amendment to the School Act passed in the spring of 2007 now allows parents or students to appeal a decision of a Board of Education made under section 11 to a Superintendent of Achievement. This amendment – Bill 20, the School (Student Achievement Enabling) Amendment Act, 2007 – provides parents and students with a further avenue for appeal of a Board of Education’s decision to a Superintendent of Achievement.
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- When did the legislation for the new appeal process come into effect?
- The legislation came into force March 3, 2008.
- Are appeals retroactive to when the legislation was introduced in March 2007?
- No. There is a transitional clause in the legislation that stipulates that Board decisions reached before March 3, 2008 cannot be appealed.
That means that if a Board of Education delivers a decision to a parent or student on March 2, 2008, that decision cannot be appealed.
- Who can appeal the decision of a Board of Education under section 11.1 of the School Act?
- The party filing the appeal – the appellant – may be either a student or a parent/guardian. Section 1(1) of the School Act defines a student as a "person enrolled in an educational program provided by a board".
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