ONTARIO SPECIAL EDUCATION (ENGLISH) TRIBUNAL
B E T W E E N:
D.K. and D.K.
Appellants
-and-
Toronto District School Board
Respondent
INTERIM DECISION
Adjudicator: Eva Nichols
Indexed as: D.K. v. Toronto District School Board
ONTARIO SPECIAL EDUCATION (ENGLISH) TRIBUNAL
File 2016-02
IN THE MATTER OF the Education Act, R.S.O. 1990. C. E. 2., as amended ss. 57(3);
IN THE MATTER OF Ontario Regulation 181/98;
AND IN THE MATTER OF the minor child, L.K., born in 2009.
BETWEEN
D.K. and D.K., Appellants
- and -
Toronto District School Board, Respondent
INTERIM DECISION
Tribunal member: Eva Nichols
Written submissions:
D.K. and D.K., Appellants
Lauri Reesor, Counsel for the Respondent
INTRODUCTION
1The appellants, D.K. and D.K., parents of L.K., appealed to the Ontario Special Education (English) Tribunal (“Tribunal”) on December 16, 2016, regarding the special education placement of their child, L.K., who has been identified by the respondent school board as an exceptional pupil.
2There is no dispute between the parties about L.K.’s identification.
3The Tribunal will hear the appeal of L.K.’s special education placement starting on June 15, 2017.
4During the pre-hearing teleconference on March 31, 2017, and subsequently in writing, three preliminary issues were raised by the parties. Because of the urgency of the matter of the disclosure of L.K.’s Ontario Student Record (“the OSR”), a follow-up teleconference was also held with the parties on April 26, 2017.
5This Interim Decision addresses all three issues.
1. DISCLOSURE OF L.K.’S OSR
6The respondent first requested disclosure of L.K.’s OSR in its Form B, Response to the Appeal. During the March 31, 2017 teleconference the reasons for the request were clarified by the Tribunal, confirming that disclosure of the OSR by appellants to allow the respondent access to the information within the OSR is standard practice.
7During the teleconference, the appellants agreed to notify the respondent