Ann Fudge

The parent appealed a 2002 Identification, Placement and Review Committee (IPRC) decision to the Ontario Special Education Tribunal.

Before the hearing, the parties entered into a private agreement placing the child in a special education class for autism, and subsequently implemented a transition plan to a secondary school.

The Tribunal held a preliminary hearing to determine if it still had jurisdiction over the original appeal.

The Tribunal found that its jurisdiction ended when the parties entered into the private agreement and noted that two subsequent IPRCs had since been held.

The Tribunal dismissed the appeal for lack of jurisdiction and recommended the parent proceed with a new appeal regarding the most recent IPRC decision.

The parent appealed the school board's special education placement decision to the Special Education Tribunal.

The school board brought a preliminary motion arguing the appeal was moot because it had already agreed to provide the specific placement requested by the parent (Special Class with Partial Integration) and had attempted to convene an IPRC meeting to implement it, which the parent refused to attend.

The Tribunal agreed with the school board, finding that since the requested placement had been offered, there was no live issue to decide.

The Tribunal declined jurisdiction to hear the appeal on the basis of mootness.