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Appeal dismissed for lack of jurisdiction as parents had not exhausted internal school board appeal remedies.
The appellants appealed to the Ontario Special Education (English) Tribunal regarding the identification and placement of a pupil.
The respondent school board argued the Tribunal lacked jurisdiction because the appellants had not exhausted their appeal remedies, specifically the Special Education Appeal Board (SEAB) process, which was delayed due to the Covid-19 pandemic.
The Tribunal found that the failure to hold the SEAB meeting was due to the extraordinary circumstances of the pandemic and did not deprive the appellants of their substantive right to the process.
The appeal was dismissed for lack of jurisdiction as the appellants had not exhausted their appeal rights under section 57(3) of the Education Act.
Extension of time to file response granted in part; school board given until September 11.
The respondent school board requested an extension of time until October 23, 2020, to file its response to a notice of appeal regarding a special education placement, citing summer vacations and COVID-19 disruptions.
The appellants opposed the length of the extension, arguing it was unreasonable and prejudicial.
The Tribunal noted that while an emergency order suspended limitation periods, the requested delay was excessive.
The Tribunal granted the extension in part, ordering the respondent to file its response by September 11, 2020, balancing the administrative disruptions with the appellants' interest in a timely process.
