Tribunal retains jurisdiction over special education appeal despite child's indeterminate medical absence; temporary home instruction ordered.
The applicant mother appealed the school board's placement decision for her child, who has Down syndrome.
The child was absent from school for an indeterminate period due to obstructive sleep apnea.
The school board argued the appeal was moot due to the absence.
The Tribunal held it had jurisdiction, finding the issue was not moot as the placement dispute remained unresolved.
The Tribunal ordered temporary home instruction until the child's sleep apnea is controlled, deferred the psycho-educational evaluation until the child is ready to return to class, and ordered partial disclosure of relevant medical documents while denying the board's request for the complete medical file.
OSETOntario Special Education (English) TribunalOct 17, 2005