Administrative Procedure 390

APPEALS CONCERNING STUDENT MATTERS

Background

In accordance with the principles of fundamental justice, the laws of due process, section 44 of the Education Act, the Alberta Human Rights Act, and Charter Board Policy, the Superintendent provides for an appeal process for parents and for students over the age of sixteen (16) years to review any decision of any staff member that significantly affects the education of the student concerned.
If the appeal to the Superintendent is unsuccessful, the parents (or independent student) may appeal to the Charter Board. Board Policy on Hearings and Appeals outline the procedures for a Board Hearing.

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 the Administrative 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 Charter Board. Charter Board Policy 13 – Appeals and Hearings Regarding Student Matters identifies the processes for this to occur.
1.3 In accordance with section 43(1) of the Education Act, decisions with respect to the following, may be appealed in writing to the Minister of Education:
1.3.1 The provision of specialized supports and services to a student or child;
1.3.2 The expulsion of a student; or
1.3.3 The access to or the accuracy or completeness of student records.
1.4 In accordance with section 58.2 of the Education 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 Discipline, Administrative Procedure 360 – Student Evaluation and in the Education Act, sections 36 and 44.
1.6 In areas where appeals are presented and for which no time limits are specified, appeals must be filed in writing within ten (10) days of the time the original decision was made.
2. Effective communication to a parent and/or a student sixteen (16) years of age or older regarding the right to appeal and the appeal process is essential.
3. Appropriate appeal procedures ensure full opportunity for the parties to be heard.
4. The party making a decision in response to an appeal will notify the parent and/or student of the decision forthwith and of the right to appeal, where applicable.

References: Section 25, 26, 31, 32, 33, 41, 42, 43, 44, 52, 53, 56, 58, 58.1, 58.2, 196, 197, 222, 225 Education Act
Alberta Human Rights Act