Special Education Services: A Manual of Policies, Procedures and Guidelines

H.4 Appeals: Resolution of Conflicts

Under section 11 of the School Act, if parents are not satisfied with decisions made by school officials that significantly affect the education, health or safety of a student, they may appeal to the local Board of Trustees. The Office of the Superintendent is able to provide information with regards to the local appeal process.

School Act, section 11

(1) In subsections (2) and (4), "decision" includes the failure of an employee to make a decision.

(2) If a decision of an employee of a board significantly affects the education, health or safety of a student, the parent of the student or the student may, within a reasonable time from the date that the parent or student was informed of the decision, appeal that decision to the board.

(3) For the purposes of hearing appeals under this section, a board must, by bylaw, establish an appeal procedure.

(4) A board may refuse to hear an appeal under this section unless the appellant discusses the decision under appeal with one or more persons as directed by the board.

(5) A board may establish one or more committees for the purpose of investigating appeals under this section.

(6) A board may make any decision that it considers appropriate in respect of the matter that is appealed to it under this section, and the decision of the board is final.

(7) A board must

(a) make a decision under this section as soon as practicable after receiving an appeal, and

(b) promptly report that decision to the person making the appeal.

If parents believe that issues have not been dealt with fairly through a school board appeal process, the Office of the Ombudsman has the authority to investigate matters.

The Advocacy Project of the British Columbia Confederation of Parent Advisory Councils (BCCPAC) provides support for parents. An advocate may be available to help solve problems by calling the toll free line at: 1-888-351-9834. The following matters may be of particular concern to parents of students with special needs:

  • identification and assessment of special needs; planning of programs;
  • process for placement decisions; review of a particular placement or program;
  • review of Individual Education Plans (IEPs); provision of necessary related services; and
  • disciplinary procedures.

According to the Special Needs Ministerial Order 150/89, a school board must ensure that a principal, vice principal or director of instruction offers to consult with a parent of a student with special needs regarding the placement of that student in an educational program.

A board must offer the parent of the student, and where appropriate, the student the opportunity to be consulted about the preparation of the IEP (IEP Ministerial Order 638/95).

References
School Act, sections 9 “Examinations of student records,” and 11 “Appeals.”
Canadian Charter of Rights and Freedoms: A Decision Maker's Guide to Judicial Review (Ministry of Attorney General, 1989)
Ombudsman Act, section 10; Schedule to the Ombudsman Act, sections 7 and 11

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