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Administrative Procedures

Administrative Procedure 380

Appeals Concerning Student Matters

Background

Preamble:

 

In accordance with the principles of fundamental justice, the laws of due process, Section 123 of the School Act, and the Alberta Human Rights Act, the Division provides for an appeal process for parents and for students over the age of sixteen years to review any decision of any staff member that significantly affects the education of the student concerned. 

Definitions

Definitions:

 

"significantly":  having sufficient impact to influence decisions about promotion, placement in a program, services/resources provided.

Procedures

Procedures:

 

 

 

1.      Appeals may be made regarding any decision by any staff member which significantly affects the education of a student.

 

         1.1     The levels and direction in which appeals proceed under this procedure are from:

 

                  1.1.1  Student and/or Parent(s); to

 

                  1.1.2  Teacher; to

 

                  1.1.3  Principal, to

 

                  1.1.4  Superintendent

 

         1.2     The decision of the Superintendent may be appealed to the Board. Policy 13 - Appeals and Hearings Regarding Student Matters identifies the processes for this to occur.

 

         1.3     In accordance with Section 124(1) of the School Act, decisions with respect to the following, may be appealed in writing to the Minister of Education:

 

                  1.3.1  The placement of a student in a special education program

 

                  1.3.2  The language of instruction

 

                  1.3.3  A home education program

 

                  1.3.4  The expulsion of a student

 

                  1.3.5  The amount and payment of fees or costs; or

 

                  1.3.6  The access to or the accuracy or completeness of student records

 

         1.4     In accordance with Section 11.1 of the Alberta Human Rights Act, decisions with respect to student exclusion from controversial issues in the classroom may be appealed.

 

         1.5     An appeal must be filed in writing to the appropriate level of administration within the limits set out in Administrative Procedure 205 - Controversial Issues, Administrative Procedure 350 - Student Conduct, Administrative Procedure 360 - Student Evaluation and in the School Act, Sections 24 and 123.

 

 

Last Update:        October 25, 2010

Reviewed:            August 2011

Next Review by:   August 2016

References

Legislative References:

 

         School Act Section 24, 25, 123, 124

         Section 11 Human Rights Act

 

Board Policy:

 

         Policy 11 Delegation

         Policy 13 Appeals and Hearing regarding Student Matters

 

Cross-references:

 

         AP 205 Controversial Issues

         AP 350 Student Behaviour and Conduct

         AP 354 Suspension and Expulsion of Students

         AP 362 Assessment and Reporting of Student Achievement