OSET 2020

The appellants appealed to the Ontario Special Education (English) Tribunal regarding the identification and placement of a pupil.

The respondent school board argued the Tribunal lacked jurisdiction because the appellants had not exhausted their appeal remedies, specifically the Special Education Appeal Board (SEAB) process, which was delayed due to the Covid-19 pandemic.

The Tribunal found that the failure to hold the SEAB meeting was due to the extraordinary circumstances of the pandemic and did not deprive the appellants of their substantive right to the process.

The appeal was dismissed for lack of jurisdiction as the appellants had not exhausted their appeal rights under section 57(3) of the Education Act.

The respondent school board requested an extension of time until October 23, 2020, to file its response to a notice of appeal regarding a special education placement, citing summer vacations and COVID-19 disruptions.

The appellants opposed the length of the extension, arguing it was unreasonable and prejudicial.

The Tribunal noted that while an emergency order suspended limitation periods, the requested delay was excessive.

The Tribunal granted the extension in part, ordering the respondent to file its response by September 11, 2020, balancing the administrative disruptions with the appellants' interest in a timely process.

The appellant appealed the placement of her gifted child, seeking access to the Advanced Placement (AP) program and transportation to the school.

The Ontario Special Education (English) Tribunal found that the appellant was not actually dissatisfied with the placement itself, as the child already had access to the AP program and did not require transportation to attend.

Because dissatisfaction with placement is a statutory precondition for jurisdiction under the Education Act, the Tribunal dismissed the appeal for lack of jurisdiction.