Page 123 - Special Education in Ontario, Kindergarten to Grade 12: Policy and Resource Guide

Draft PART D: The Identification, Placement, and Review Committee (IPRC) Process The IPRC Appeal
Filing a Notice of Appeal
A parent who disagrees with the decision stemming from the original or the follow-up meeting of the IPRC may file an appeal with a special education appeal board (SEAB). The parent may appeal:
• the decision that the student is, or is not, exceptional; and/or
• the placement decision, when a student is identified as exceptional.
The notice of appeal must be sent to the secretary of the board and must: • indicate the decision with which the parent disagrees; and
• include a statement that sets out the nature of the disagreement. (See Ontario Regulation 181/98, subsections 26 (1) and (4))
If a parent’s notice of appeal is incorrectly written or does not accurately describe the area of disagreement, the appeal will not be ignored. In most cases, it is sufficient for parents to indicate their reasons for disagreeing.
(See Ontario Regulation 181/98, subsection 26(5)) Appeal Timeline
The request for an appeal must be filed with the secretary of the board within the following time limits:
• within thirty days of receiving the IPRC’s statement of decision; or
• within fifteen days of receiving the IPRC’s statement of decision arising
out of a follow-up meeting with the IPRC.
The same timelines apply to appeals of decisions arising from an IPRC review.
When a parent files a notice of appeal, the IPRC placement being appealed is not implemented, pending the results of the appeal. However, there is nothing to prevent the parents and the school board from agreeing to the terms of a temporary placement pending the results of the appeal.
(See Ontario Regulation 181/98, subsections 26 (2) and (3))
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