Administrative Procedure 390

Student Appeals

Background

Where a decision of an employee of a Board significantly affects the education of a student,

  1. The parent of the student, and
  2. In the case of a student who is 16 years of age or older, the student, or either of them may, within a reasonable time for the date that the parent or student was informed of the decision, appeal that decision to the Board.

Procedures

  1. The appeal process is to be expedient.
  2. Failure of a person to make a decision is deemed to be a decision that may be appealed.
  3. The first appeal is to be to the person in the organization who made the original decision.
  4. Subject to a determination by the Principal of extenuating circumstances where this Administrative Procedure is deemed to be inappropriate, the Principal can modify the procedures as outlined and notify parents or the student or both of the modifications to the procedures, and the reasons for the changes.
  5. Any employee making a decision that significantly affects the education of a student shall provide written confirmation of that decision to the parent or student or both, as the case may be, and include with that written confirmation a copy of Administrative Procedure 390 – Student Appeals.
  6. The first appeal of an employee decision shall be made, in writing, to the employee who made the decision. This appeal is to be made within ten (10) school days of the appellant being advised of the decision, and the employee to whom the appeal is directed shall, within two (2) school days of receiving the appeal, confirm, amend, or withdraw the decision and advise the appellant, in writing, of the decision, the right to appeal, and to whom the appeal is to be made.
  7. The second appeal of an employee decision shall be made, in writing, to that employee's immediate superior in the organization within five (5) school days of the date that the appellant was informed of the first appeal decision (e.g. a decision of a teacher would next be appealed to the Principal of the school). The person to whom the appeal is made shall, after consulting (where possible) with the original decision-maker and the appellant, support the decision, amend the decision, or overturn the decision. The person in the organization who receives the appeal must provide the appellant and the original decision-maker with the decision, in writing, within five (5) school days of receiving the appeal, and must notify the appellant of the right to appeal, and to whom the appeal should be made.
  8. If after the second appeal, the decision remains unacceptable to the appellant, the appellant may appeal to the next level in the organization. The appeal must be made, in writing, within five (5) school days of receiving the results of the last appeal. The person receiving the appeal will follow the procedures outlined in section 7 above. This process is repeated until the appeal reaches the Superintendent. Appeals to the Superintendent must be in writing and the last decision-maker must present in writing to the Superintendent the history of the appeal to date including documentation, and his/her reasons for the decision taken.
  9. The final appeal beyond the Superintendent is to the Board. Such appeals shall be in accordance with Board Policy 13 – Appeals and Hearings Regarding Student Matters.

Adopted:

January 21, 1992

Amended:

May 19, 1992, September 21, 2016

Reference:

Section 8, 16.2, 18, 20, 23, 24, 39, 45, 45.1, 47, 60, 61, 113, 123, 124 School Act

School Administrators’ Handbook