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B-150-BP: Appeals

References: 

  • Education Act Sections 42,43,44
  • B-150
  • B-150-BP
  • B-150-AR

  1. Administration will provide a copy of the board’s appeal policy, regulations and procedures to parents/guardians or students 16 years of age or older wishing to appeal decisions made by the Superintendent of Schools which significantly affect the education of students (Section 42, Education Act).
  2. Parents/guardians or students 16 years of age or older are to take their concerns through appropriate levels of consultation prior to making an appeal to the board.  To illustrate the process: parents/guardians or students 16 years of age or older not accepting an appealable decision made by division staff and wanting to take the appealable matter further, would take the concern to the administrator of the school or department. If further action is desired, the next step would be, where appropriate, the superintendent’s designate and then the Superintendent of Schools. The superintendent must make a decision and the parent/guardian or students 16 years of age or older, if still not satisfied, may appeal in writing to the board.
  3. The board will decide at the next Board Planning or Board Prep meeting, after receiving the request, whether or not to hear the appeal and then only if the superintendent’s decision significantly affects the education of a student.
  4. If the board decides not to hear the appeal, the board will inform the appellant in writing of the reason(s) for the decision.
  5. If the board decides to hear the appeal, the board secretary will inform the appellant in writing of the date and location for the appeal hearing, as well as of the opportunity for the stakeholder to postpone the hearing date. A copy of these procedures will be provided at the same time.
  6. The board shall hear the appeal at a special meeting of the board.
    1. The board must have a quorum present at the special meeting.
  7. Both parties involved in the appeal are required to submit their arguments, in writing, to each other and to the board at least 14 days before the hearing. The appeal hearing will be conducted in accordance with a pre-set agenda (Appendix I).
  8. The parent/guardian or students 16 years of age or older making the appeal may be represented by an advocate or legal counsel, at their own initiative and expense. The Superintendent of Schools may use an advocate or legal counsel.
  9. The board will inform both parties of the result of the appeal in writing within three days.  If the board upholds the administration's decision, then in the same letter, the individual will be informed of the right of appeal to the Minister of Education under section 43 of the Education Act (where applicable).