Page 137 - Special Education in Ontario, Kindergarten to Grade 12: Policy and Resource Guide

Draft PART D: The Identification, Placement, and Review Committee (IPRC) Process
The Education Act: Special Education Tribunals
57(3) Right of appeal
Where a parent or guardian of a pupil has exhausted all rights of appeal under the regulations in respect of the identification or placement of the pupil as an exceptional pupil and is dissatisfied with the decision in respect of the identification or placement, the parent or guardian may appeal to a Special Education Tribunal for a hearing in respect of the identification or placement.
(4) Hearing by Special Education Tribunal
The Special Education Tribunal shall hear the appeal and may,
(a) dismiss the appeal; or
(b) grant the appeal and make such order as it considers necessary with respect to the identification or placement.
(5) Decision final
The decision of the Special Education Tribunal is final and binding on the parties to the decision.
(See The Education Act, subsections 57 (3), (4), and (5))
The Ontario Special Education Tribunal hears appeals regarding the disagreement with a board’s decision about the identification and/or placement of students who are enrolled in English-language public and Catholic school boards. The Tribunal de l’enfance en difficulté de l’Ontario hears appeals regarding the disagreement with a board’s decision about the identification and/or placement of students who are enrolled in French- language public and Catholic school boards.
The tribunals are independent adjudicative agencies of the Government of Ontario. As of March 2011, the tribunals became part of the Social Justice Tribunals Ontario cluster, accountable to the Ministry of the Attorney General for their operational and business functions. (Prior to that date, the tribunals fell under the Ministry of Education. However, the change from the Ministry of Education to the Ministry of the Attorney General has not altered the tribunals’ mandate.)
More information about the two Ontario Special Education Tribunals, including information about mediation, can be found on the OSET website.
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