BYLAW 2-91 Appeal Procedure

BY-LAW NO. 2/91

APPEAL PROCEDURE

This By-Law is made pursuant to the School Act and the Board of School Trustees of School District No. 60 (Peace River North) has all powers under Section II.

 The parent of the student or the student may appeal any decision which significantly affects the education, health or safety of the student.  The failure of an employee to make a decision shall also be deemed to be a decision for the purpose of bringing an appeal.

Administrative Procedures

1.         When the parent of a student or a student wishes to question a decision made, the steps are as follows:

(a)        The matter first be discussed with the employee who made the decision.

(b)        If the matter is not resolved in consultation with the employee, the matter shall then be referred to:

the person who has responsibility for that school, if it pertains to an employee working within the immediate school,

 OR

the immediate supervisor, if it pertains to an employee working outside of the immediate school.

(c)        If the matter is still not resolved, the consultative process will continue with a member of the District administrative staff.

(d)        If the consultation fails to resolve the impasse, a request to hear an appeal may be made by the parent/student to the Board through the Superintendent of Schools or the Secretary-Treasurer.

2.         It is recognized that the parent of the student or the student may go directly to steps 1(c) or 1(d).

If steps 1(a) and 1(b) are bypassed, the member of the District staff consulted in 1(c) or the Superintendent or Secretary-Treasurer, as specified in 1(d), may request that steps 1(a) and 1(b) be followed before a written appeal is made to the Board.

3.         The processes, as outlined in Items 1 and 2 above, must commence within fifteen (15) days of the decision being made and, if not, substantive reasons must be given.

4.         A parent of a student or a student wishing to appeal a decision of an employee must complete a “Written Notice of Appeal” form.

5.         If a student is bringing an appeal, the Board, at any time, may request that his/her:

a)         parent be advised and/or

b)         parent be involved

6.         The Board may invite written or oral submissions from:

a)         the parent or student bringing the appeal

and

b)         the employee(s) involved in the decision

c)         the person(s) with responsibility for the school

d)         any other district staff as deemed necessary.

7.         The employee that made the decision will have the right to make a written response to all allegations.

8.         The appeal may be heard in camera by the Board.

9.         If a committee is established, the Board may:

a)         appoint trustees, senior officials, administrative officers, teachers or any other person the Board considers appropriate

b)         make an interim decision it considers necessary pending the disposition of the appeal.

10.       The Board may consider any appeal notwithstanding any defect in form or other technical irregularity.

This By-Law may be cited for all purposes as “School District No. 60 (Peace River North) By-Law No. 2/91 – a By-Law, in compliance with Section II of the School Act, to establish a procedure of appeal for students entitled to an educational program in School District No. 60”.

Read a first time this  7th  day of  May , 1991

Reconsidered, finally passed and adopted the  7th  day of  May , 1991.

Original signed by John Wetzel

            Chairperson

Original signed by Edna Barber

Secretary-Treasurer

This By-Law was reviewed and amended and;

Read a first time this 6th day of November, 2006.

Reconsidered, Finally Passed and Adopted the 6th day of November 2006.

Original signed by Gary Gamble

Chairperson

Original signed by Ernie Inglehart

Secretary-Treasurer

 

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