OSET 2011

The appellants requested that the Tribunal no longer remain seized of the appeal regarding the implementation of its previous orders concerning their child's special education placement and assessment.

The respondent school board opposed the request, noting the appellants had not permitted the ordered psycho-educational assessment and the student was not attending school.

The Tribunal granted the appellants' request and closed its file, finding that its orders remain final and binding but it has no further jurisdiction to compel the student's attendance at school, which is a process governed by the Education Act outside the Tribunal's role.

The appellants and the respondent school board both requested that the Ontario Special Education (English) Tribunal remain seized of an appeal regarding a student's special education placement and programming.

The Tribunal had previously ordered the board to provide gifted programming and accommodations for the student's learning disability.

After reviewing the parties' submissions and the board's compliance with previous orders, the Tribunal found no ongoing issues requiring its continued involvement.

The Tribunal noted that it cannot undertake a facilitating or supervisory role and closed the file.

The appellant parent appealed the school board's decision regarding the special education placement of his 17-year-old child, who is identified with autism and a developmental disability.

The student had not attended school for over two years.

While both parties agreed that a Senior Education for Community Living (ECL) class was appropriate, they disagreed on the location, the transition plan, and the partial integration component.

The Tribunal found it had jurisdiction to hear the appeal despite the lack of a Special Education Appeal Board decision, as the school board had failed to convene one.

The Tribunal ordered that the student be placed in a full-time congregated special education class (either ECL or Developmental Education) without mandatory partial integration at this time, following an expedited transition process.

The parents of a student with dual exceptionalities (Giftedness and Learning Disability - Dyslexia) appealed to the Tribunal, alleging that the Halton Catholic District School Board failed to implement the Tribunal's previous orders regarding the student's special education programming.

The Tribunal found that the board had not provided the required gifted programming and ordered the board to either provide an appropriate gifted program for Grade 12 or enter into an agreement to purchase such programming from another school board.

The parents of a 16-year-old student appealed the school board's decisions regarding the student's special education identification and placement.

The parents sought to remove the student's identification as an exceptional student and requested a regular academic program placement without educational assistant support.

The school board maintained the student's identification as having an Intellectual – Developmental Disability and placed the student in a full-time self-contained special education class.

The Tribunal found that the student had significant learning, behavioural, and communication needs, but noted the lack of a recent psycho-educational assessment.

The Tribunal ordered the school board to maintain the exceptional student identification, arrange a full psycho-educational assessment, and provide an interim self-contained special education class placement pending the assessment results.