Appeal to a Superintendent of Appeals

When Can I Appeal to a Superintendent of Appeal?

If an appeal to the board of education does not resolve your concerns, you may appeal to a superintendent of appeal, as long as the matter falls within the scope of the Appeals Regulation (PDF, 25KB) and relates to:

  • Expulsion from an educational program;
  • Suspension from an educational program;
  • Suspension from an educational program where no other educational program is made available;
  • Distributed learning required as part of a disciplinary matter;
  • A decision not to provide a student with an IEP;
  • Consultation about placement of a student with special needs and the provision of an Individual Education Plan (IEP);
  • Bullying behaviours, including intimidation, harassment or threats of violence by a student against another student; or
  • Exclusion due to a medical condition that endangers others.

If the matter is not within the scope of the Appeal Regulation the superintendent of appeal has no jurisdiction.

An appeal to a superintendent of appeal may be started only after a section 11 appeal to a board of education has been heard and a decision made.

What Documents do I Need to Give to the Superintendent of Appeal?

If you wish to proceed with an appeal to a superintendent of appeal, please provide the Registrar of Student Appeals, with the following documents:

  • a completed Notice of Appeal (PDF, 69KB) AND
  • a copy of the board of education's decision in the section 11 appeal.

What Decisions Can the Superintendent of Appeal Make?

The superintendent of appeal will review your Notice of Appeal and make a decision.

Under legislation, the superintendent of appeal may make the following decisions:

Summarily dismiss all or part of the appeal
For example, where the matter is out of the superintendent of appeal's jurisdiction.

Refer the matter for mediation
Mediation is when an impartial, neutral third party informally helps disputing parties in voluntarily reaching their own mutually acceptable settlement of the issues in dispute.

Refer the matter for adjudication
Adjudication is a form of dispute resolution in which the parties to the dispute submit evidence and make arguments to a neutral third party who has the power to deliver a binding decision, generally based on objective standards.

Under s. 11.4 of the School Act (PDF, 567KB), an adjudicator may take the following actions:

  • Confirm, vary or revoke the decision under appeal;
  • Refer the matter back to the board for reconsideration, with or without directions; or
  • Dismiss all or part of the appeal.

The superintendent of appeal may also temporarily suspend a board of education's decision that is under appeal, until the appeal process is complete.

Please share what outcome you would like to see if your appeal is referred to mediation or adjudication when you fill out the Notice of Appeal form.

Under s. 11.6 of the School Act (PDF, 567KB), the superintendent of appeal's decision is final and binding.