Robert Lefebvre

The appellant appealed the expulsion of his son from all schools of the respondent school board.

The pupil had been expelled after allegedly threatening to kill another student.

The Board found that the school board's policy regarding the alleged misconduct was permissive rather than mandatory regarding suspensions.

Under the Education Act, a pupil can only be expelled for an activity if the school board's policy mandates a suspension for that activity.

Consequently, the Board quashed the expulsion and ordered the pupil's record expunged.

In a preliminary conference before the Ontario Special Education Tribunal, the parties disputed the temporal scope of evidence admissible for an upcoming appeal regarding a student's placement.

The school board argued the Tribunal's mandate was limited to the date of the July 10, 2003 IPRC decision, while the parents sought to include evidence up to the hearing date.

The Tribunal ruled that to properly determine the child's current needs and make a binding decision on placement, it must consider all relevant evidence from the 2003 IPRC date up to the child's most recent report card.