2 total
Tribunal declines to decide interpretation of Giftedness criteria as a preliminary jurisdictional issue.
The appellants appealed the school board's decision not to identify their child as Gifted.
The school board raised a preliminary issue, arguing that the Tribunal lacked jurisdiction to set aside the criteria for Giftedness set out in its Special Education Plan.
The Tribunal declined to decide the issue as a preliminary matter, finding that the interpretation of the criteria should be determined on a full evidentiary record.
The Tribunal ordered the appeal to proceed to a hearing on the merits.
Request for production of deleted Special Education Appeal Board hearing recordings denied for lack of relevance.
The appellant requested an order compelling the respondent school board to retrieve and produce recordings of a Special Education Appeal Board (SEAB) hearing.
The recordings had been deleted after 120 days in accordance with the respondent's policy, though the appellant's counsel had previously received links to them.
The Tribunal denied the request, finding that discussions between counsel and the SEAB were not relevant or admissible evidence for the Tribunal proceeding, and that issues regarding the Health Care Consent Act and Human Rights Code raised by the appellant were outside the Tribunal's jurisdiction.
