The appellant filed an appeal with the Ontario Special Education Tribunal challenging the identification of her son's exceptionalities.
The respondent school board argued the Tribunal lacked jurisdiction because the appellant had not exhausted her rights of appeal, as no Special Education Appeal Board (SEAB) hearing had occurred.
The Tribunal found that the appellant had clearly requested an appeal and the respondent had failed to convene a SEAB in a timely manner, instead attempting to substitute a series of follow-up IPRC meetings.
The Tribunal assumed jurisdiction, holding that a school board cannot deny parents their due process rights by failing to establish a SEAB.
