The appellant, an exceptional pupil, was transferred to a different school by the school board due to safety concerns while an appeal regarding his special education placement was pending.
The appellant sought judicial review, arguing the transfer circumvented the statutory stay of his placement pending appeal.
The Court of Appeal held that while a principal may exclude an exceptional pupil from a school for legitimate safety reasons under the Education Act, the board cannot alter the pupil's placement by transferring them to a different school while an appeal is pending.
The appeal was ultimately dismissed as moot because the pupil's placement had already been finally determined by the Special Education Tribunal.
