OSET 2021

The appellants filed an appeal with 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 internal appeal remedies, specifically the Identification, Placement and Review Committee (IPRC) and Special Education Appeal Board (SEAB) processes.

The tribunal found that no decision regarding the pupil's identification had yet been made and there was no unreasonable delay by the school board in initiating the IPRC process.

Consequently, the tribunal dismissed the appeal for lack of jurisdiction.

The appellant appealed a school board decision confirming a Special Education Appeal Board (SEAB) placement of 'Regular Class with Resource Assistance' for a student with Autism Spectrum Disorder.

The appellant sought specific programs and services, including 1:1 support.

The Ontario Special Education Tribunal dismissed the appeal, finding it lacked jurisdiction because the school board had already agreed to the requested placement, and the Tribunal's mandate under the Education Act does not extend to ordering specific programs or services.

The Tribunal also declined the respondent's request to declare the appellant a vexatious litigant.