Student Services Appeal Process: PSS 210

STUDENT SERVICES APPEAL PROCESS

PROGRAMS & STUDENT SERVICES: 200

Student Services Appeal Process: PSS 210

Adoption Date:

Scope

This policy addresses the appeal process when there is a dispute between a parent/guardian of a student with special needs and the school board respecting the proposed or existing Individual Program Plan (IPP) for the student.

To provide guidelines for the Appeal Process involving programming for students with special needs.

It is the policy of the Cape Breton-Victoria Regional School Board that an appropriate Appeal Process is in  place to assist with the handling of disputes that may include outcomes and/or student placement regarding an Individual Program Plan (IPP).  All efforts should be made by the stakeholders to resolve disputes through discussion and mediation before a formal appeal is activated.  Should the dispute not be resolved by the School Board Appeal Process, a request for an appeal may be made, in writing, that the Minister of Education establish  a board of appeal to provide a ruling on the Individual Program Plan regarding outcomes and/or placement.

Cross Reference

Special Education Policy Manual (1996)

School Board and Ministerial Appeal Guide (1999)

The Education Act and Regulations Under the Act - Consolidated August 2006

Regulations Under the Education Act (1997)

Special Education Implementation Review Report (2001)

This policy has been authorized by the Board under motions number

Responsibility              

It is the responsibility of the Director of Programs and Student Services to ensure that this policy and administrative procedures are implemented.

Implementation                      

The Coordinator of Student Services will implement the policy and administrative procedures.

Procedures                              

Appeal Process:

The following guidelines are to be adhered to for all disputes:

Informal Appeal Process

1. The Coordinator of Student Services reviews the case to determine whether the program planning process has been followed at the school level (Special Education Policy Manual 2.2, 2.6);
   
   
2. All attempts using discussion and/or mediation should be followed and documented at this informal stage of the process to resolve the dispute. If the parents/guardians do not agree with the decision of the Coordinator of Student Services he or she may request the dispute move to the formal school board appeal process.

Formal Appeal Process

The formal school board appeal process adheres to the steps as outlined in School Board and Ministerial Procedures (1999).

Ministerial Appeal Process

Should a dispute regarding outcomes and/or placement regarding an Individual Program Plan (IPP) fail to be resolved through the School Board Appeal Process, the parent or school board may make a request, in writing, to the Minister of Education asking the Minister to establish a Board of Appeal to provide a ruling on the program. The Minister of Education may appoint a Board of Appeal as outlined in Regulations 53-61.

Associated Forms                    

Information Package for Parents/Guardians

Policy Review              

This policy will be reviewed by the Director of Programs and Student Services within three years.

Distribution                             

Board members and all policy manual holders