OSET 2001

The parents of a child with autism appealed an Identification, Placement and Review Committee (IPRC) decision to the Special Education Tribunal.

The school board challenged the Tribunal's jurisdiction, arguing the parents had not exhausted all rights of appeal because a Special Education Appeal Board had not been established, and that the appeal improperly concerned program issues rather than placement.

The Tribunal found it had jurisdiction, holding that the board failed to follow statutory timelines to establish an Appeal Board, thereby exhausting the parents' avenues of appeal.

The Tribunal also held that the consideration of appropriate programs and services is an integral part of determining a placement.

The parents of a minor child appealed the school board's decision not to identify the child as an exceptional pupil (gifted).

The school board relied on a strict criterion requiring an IQ score of 130 or above on a psychological assessment, which the child did not meet in the most recent test, despite previous assessments and other indicators showing very superior intellectual ability.

The Special Education Tribunal granted the appeal, rejecting the board's reliance on a single IQ cut-off score.

The Tribunal found that a multi-faceted approach to identification is required and ordered the board to identify the student as gifted and place the student in a gifted secondary school program.