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Appeal Process​

The school board must establish a Special Education Appeal Board (SEAB) to hear the appeal. The SEAB will be made up of three members who have no prior knowledge of the matter under appeal. As the child’s parent, you select one appeal board member.​

A member cannot be: ​

• A Board Trustee or employee providing or purchasing the special education program; ​
• An employee of the Ministry; ​
• A person who has had any prior involvement with the matter under appeal.​

The chair of the appeal board will arrange a meeting at a convenient time and place, but no later than 30 days after the appeal board is selected, unless you and board both provide written consent to a later date.​

The SEAB:​

• will receive the material reviewed by the IPRC​
• may interview any persons who may be able to contribute information about the matter under appeal​

You and the student, if they are 16 years old or over, are entitled to be present and participate in all discussions.​

The SEAB must make its recommendation within three days of the meeting ending. It may:​

• agree with the IPRC and recommend that the decision be implemented​
• disagree with the IPRC and make a recommendation to the board about the student’s identification, placement, or both​.

The appeal board will give you and the school board a written report of its recommendations, including the reasons for its recommendations.​

Within 30 days of receiving the Special Education Appeal Board’s (SEAB) written statement, the school board will decide what action it will take. The school board must decide whether to accept some, all, or none of the recommendations within 30 days. Boards are not required to follow the appeal board recommendation. Parents /caregivers, your child (16 years of age or older), and the school board will receive a written statement of the recommendations. ​

A parent may accept the decision of the school board or may appeal to the Ontario Special Education Tribunal (OSET). You can request a hearing by writing to the secretary of the Special Education Tribunal (SET).​

The SEAB’s decision will include information about making an application to the Ontario Special Education Tribunal (OSET).​

OSET may dismiss the appeal, grant the appeal and set aside the identification and/or placement, or make changes to the identification and/or placement. ​

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Filing an Appeal with the Ontario Special Education Tribunal (OSET) ​

Website: tribunalsontario.ca/oset​

​If you do not agree with the school board’s decision about whether to act on the SEAB’s recommendation, you have 30 days from when you receive the decision to email or write the OSET. The OSET website outlines the process, procedures and set the timelines for completing certain steps in the appeal process. You will also find the needed forms to complete.​

​The OSET will send you the Form A: Notice of Appeal, or you can download the Notice of Appeal here. You have 20 days from when you receive or download the Notice of Appeal to file it with the OSET. ​

​When you file the form, include;​

• a copy of the original IPRC decision; and​
• the SEAB report and the school board’s decision. ​

If the form is not complete, the OSET will return it to you asking for the missing information. The OSET will email or mail the completed Notice of Appeal to the school board.​

The school board has 10 days to file a Form B: Response to a Notice of Appeal with the OSET. The OSET will email or mail the completed Response to a Notice of Appeal and any accompanying documents to you.​

The OSET decision will be made in writing and is final. ​

IPRC appeals are about the Identification and Placement decision only. Disagreements about the Individual Education Plan IEP cannot be appealed.

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A Summary of the Appeals Timeline:

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