OSET 2007

The appellant appealed to the Ontario Special Education (English) Tribunal regarding the special education placement of her child.

The school board raised a preliminary issue regarding the Tribunal's jurisdiction, arguing that the appellant had not exhausted all rights of appeal.

The Tribunal found that no Identification, Placement and Review Committee (IPRC) meeting had taken place, and consequently, no Special Education Appeal Board (SEAB) was convened.

As the statutory precondition of exhausting all rights of appeal under section 57(3) of the Education Act was not met, the Tribunal concluded it lacked jurisdiction and dismissed the appeal.

The parent of a 12-year-old student with Autism/PDD appealed the school board's Identification, Placement and Review Committee decision.

The parent sought to have the student identified as an exceptional student with Communication - Autism/PDD and placed in a self-contained Learning Strategies class.

The school board agreed with the identification but argued for a Regular Class with Resource Assistance placement.

The Tribunal ordered that the student continue to be identified as an exceptional pupil with Communication - Autism/PDD and ordered a placement of Regular Class with Withdrawal Assistance, allowing the student to remain with peers while receiving intensive help from a special education teacher for less than 50% of the day.

The Tribunal also ordered amendments to the student's Individual Education Plan.

The parents of a 15-year-old student appealed a school board's decision to remove the student's exceptionality identification.

The parents sought a dual identification of Communication - Learning Disabilities and Behaviour, along with a regular class placement with supports.

The school board argued the student did not meet the criteria for either identification and could receive necessary accommodations without being formally identified.

The Tribunal granted the appeal, ordering the board to identify the student as exceptional with Communication - Learning Disabilities, maintain the regular class placement with supports, and develop an appropriate transition plan including a commitment for a psycho-educational assessment in Grade 12.