245: Appeals Regarding Student Matters
1.0 POLICY
The Board provides clear processes for parents and/or students to appeal administrative decisions that directly affect the student’s education.
The Board supports the importance of a fair process of appeal while recognizing the authority of the Superintendent, the Principal or the Teacher as the final authority in legislated or delegated matters.
The Division’s appeal process is intended to provide a process to ensure that final decisions are fairly derived. The process is not intended for an individual to appeal a decision out of disagreement with that decision.
The Board will hear appeals of administrative decisions on all matters other than the expulsion of students, which are submitted in accordance with section 42 of the Education Act.
The Student Discipline Committee, consisting of Board members, is responsible for handling student expulsions. Additional details about the committee can be found in Policy 230 – Board Committees - Appendix B - Student Discipline Committee.
2.0 GUIDELINES
2.1 Prior to a decision being appealed to the Board, a parent and, in the case of a student who is sixteen (16) years of age or older, shall follow the processes identified in Administrative Procedure 221 - Focused and Effective Communication.
2.2 The parent or, where subsection 2.1 applies, the student, has the right to appeal to the Board a decision of the Superintendent that significantly affects the education of a student. The Superintendent must advise the parent or student of their right to appeal to the Board.
2.3 The appeal to the Board shall be made within five (5) days from the date that the individual was informed of the Superintendent’s decision.
2.3.1 The appeal must be filed in writing and must contain the name of the party filing the appeal, the date, the matter at hand and the reason for the appeal.
2.3.2 If the appeal is sent electronically, the burden of proof of delivery is on the appellant.
2.4 The parent, or the student (subsection 2.1), when appealing a decision to the Board, has the right to be assisted by a resource person(s) of their choosing. The responsibility for engaging and paying for such assistance rests with the parent or the student.
2.5 If the Board decides not to hear the appeal, the Board will inform the parent, or the student, in writing the reason for the decision.
2.6 The hearing of the appeal shall be scheduled to ensure that the person making the appeal and the Superintendent, or designate, whose decision is being appealed, has sufficient notice and time to prepare for the presentation.
2.7 The Board Chair shall consider any requests for adjournments of hearings of appeals regarding student matters, and must consider the reason for the request and whether the person making the request has sufficient notice and time to prepare for the presentation.
2.8 The appeal shall be heard at an in-camera meeting of the Board, with specified individuals in attendance.
2.8.1 The Board reserves the right to make its decision at a subsequent meeting. The parties to the appeal will be advised when the decision will be made.
2.9 The appeal hearing shall be conducted in accordance with the following guidelines:
2.9.1 The Board Chair shall outline the purpose of the hearing, including:
2.9.1.1 An opportunity for the parties to make representation in support of their respective positions to the Board. This may include expert medical, psychological and educational data and may be presented by witnesses. The information presented may include both written and verbal communication;
2.9.1.2 A process for the Board to receive information and to review the facts of the dispute; and
2.9.1.3 A process through which the Board can reach a fair and impartial decision.
2.10 Notes of the proceedings shall be recorded for the purpose of the Board’s records. Individual trustee notes will not be part of the Board’s records and are not subject to production.
2.11 The Superintendent and/or designate(s) shall explain the decision under appeal and give reasons for the decision.
2.12 The appellant shall present the appeal and the reasons for the appeal and shall have an opportunity to respond to information provided by the Superintendent and/or designate(s).
2.13 The Superintendent and/or designate(s) shall have an opportunity to respond to information presented by the appellant.
2.14 Board members shall have the opportunity to ask questions or clarification from both parties.
2.15 No cross-examination of the parties shall be allowed, though questions may be directed to the other party through the Board Chair with the permission of the Board Chair
2.16 The Board shall meet without the respective parties to the appeal in attendance to arrive at a decision regarding the appeal. The recording secretary will remain in attendance but shall not take part in any discussion and the discussion will not be recorded. The Board may have legal counsel in attendance.
2.17 If the Board requires additional information or clarification in order to make its decision, both parties to the appeal will be requested to return to the hearing for the required additional information.
2.18 The Board shall make every effort to make a decision based on the process described above on the same day as the hearing.
2.19 The Board decision and the reasons for that decision shall be communicated to the appellant once a decision has been reached and confirmed in writing following the hearing. Included in the communication to the appellant shall be information that the appellant has the right to seek a review by the Minister if the matter under appeal is a matter described in section 43 of the Education Act.
References:
Policy 221 - Role of the Trustee
Policy 230 – Board Committees, Appendix B - Student Discipline Committee
Administrative Procedures 221 - Focused and Effective Communication
Education Act: Sections 41, 42, 43, 52
History
2019 Mar 27 Initial Approval
2020 Feb 26 Amended
2021 Oct 27 Reviewed
2023 Jun 28 Amended
Board Policies II. School Board Governance and Operations