Iprc process
Ieps in the Identification of a Student Identification of a student with exceptionalities usually begins with the classroom teacher. Through general observation and assessment and evaluation of the student’s work, the teacher may notice some of the characteristics that may indicate a learning or social/emotional concern. At this point, it is important for the teacher to consult the Ontario Student Record (OSR) to find out what difficulties the student may have had in the past, or what other factors affecting the student’s learning may be present. Consultation with parents/guardians and the special education teacher should also be made, in order to gain information.
Once a learning or social/emotional problem is suspected, it is important that all teachers and paraprofessionals involved with the student make observations over an extended period of time. Observations can be made using checklists, rating scales, questionnaires, and informal notes, and information is shared among colleagues.
After making initial observations and considering the student’s strengths and needs, the teacher works with the parents/guardians to develop and implement a growth plan that includes resources and instructional strategies to support their learning. The teacher then makes observations to assess the effectiveness of the growth plan and continues to communicate with parents. If more support to plan more extensive interventions is required, the teacher makes a referral to the school team. This process is in line with the tiered approach as described on page 24 in Learning for All.
School Program TeamAfter reviewing all the information that has been gathered, the school program team, consisting of the principal, referring teacher, special education teacher, and possibly other teachers, specialists, community workers, and/or parents/guardians, discusses further interventions or assistance that the student might need.
If, upon implementing the new interventions or assistance suggested by the program team, the student is still struggling, another team meeting is held, at which time further assessment may be suggested. For example, further assessment might include assessment of academic, intellectual ability and/or social/emotional adjustment. Speech and language assessments may also be done, as well as vision and hearing assessments, to eliminate the possibility that vision or hearing is the cause of the learning issues.
The results of the assessments are reviewed at another program team meeting. If the information obtained from the observations and assessments indicate that the student has met the Ministry criteria for a specific exceptionality, the student may then be referred to an identification, placement and review committee (IPRC).
The IPRC ProcessThe IPRC must consist of at least three members, one of whom must be the principal or supervisory officer of the board. Parents/guardians have the right to attend the IPRC meetings (and are encouraged to do so!), and must be kept informed throughout the process. The IPRC considers the student’s strengths and needs, educational and other assessments, information from the student and parents/guardians, and the proposals for special education programs and services (Highlights of Regulation 181/98, Ministry of Education).
Steps Involved
Identifying the Needs of Exceptional Pupilshttp://www.edu.gov.on.ca/eng/general/elemsec/speced/identifi.html
"Exceptional pupils are identified as such by an Identification, Placement, and Review Committee (IPRC). Upon receiving a written request from a student's parent(s)/guardian(s), the principal of the school must refer the student to an IPRC. The IPRC will decide whether the student is an exceptional pupil and, if so, what type of educational placement is appropriate. The principal may also, on written notice to the parent(s)/guardian(s), refer the student to an IPRC. The parent(s)/guardian(s), as well as a student who is sixteen years of age or older, have the right to attend the IPRC meeting and may request that the IPRC discuss potential programs that would meet the student's needs. On the basis of these discussions, the IPRC can recommend the special education programs and/or services that it considers to be appropriate for the student.
The regulation governing the identification and placement of exceptional pupils directs the IPRC to consider the integration of exceptional pupils into regular classes. Before considering the option of placing a student in a special education class, the committee must first consider whether placement in a regular class, with appropriate special education programs and services, would meet the student's needs and be consistent with the parent's preferences. Where placement in a special education class is deemed most appropriate, the IPRC must provide written reasons for its decision.
For students whose needs cannot be met entirely in the regular classroom, a range of placement options is available. These options include:
This document represents a summary of information, provided in Ontario Regulation 181/98, and should be read in conjunction with this Regulation. If any discrepancy exists between this document and the Regulation, the information in Regulation 181/98 applies.
Requirements of Regulation 181/98The Education Act requires that school boards provide, or purchase from another board, special education programs and services for their exceptional pupils. This attachment provides information about the Identification, Placement, and Review Committee (IPRC), and sets out the procedures involved in identifying a pupil as “exceptional”, deciding the pupil’s placement, or appealing such decisions when the parent does not agree with the IPRC.
Note: The word “parent” when used, includes guardian.
What is an IPRC?
Regulation 181/98 requires that all school boards set up an Identification, Placement and Review Committee (IPRC). An IPRC is composed of at least three persons, one of whom must be a principal or supervisory officer of the board.
What is the role of the IPRC?
The IPRC will:
Who is identified as an exceptional pupil?
The Education Act defines an exceptional pupil as “a pupil whose behavioural, communicational, intellectual, physical or multiple exceptionalities are such that he or she is considered to need placement in a special education program....” Students are identified according to the categories and definitions of exceptionalities provided by the Ministry of Education.
What is a special education program?
A special education program is defined in the Education Act as an educational program that:
What are special education services?
Special education services are defined in the Education Act as the facilities and resources, including support personnel and equipment, necessary for developing and implementing a special education program.
What is an IEP?
The IEP must be developed for a student, in consultation with the parent. It must include:
How is an IPRC meeting requested?
The principal of the student’s school:
May parents attend the IPRC meeting?
Regulation 181/98 entitles parents and pupils 16 years of age or older:
Who else may attend an IPRC meeting?
Who may request that others attend?
Either the parent or the principal of the student’s school may make a request for the attendance of others at the IPRC meeting.
What information will parents receive about the IPRC meeting?
At least 10 days in advance of the meeting, the chair of the IPRC will provide to the parent, written notification of the meeting and an invitation to attend the meeting as an important partner in considering their child’s placement. This letter will provide notification of the date, time, and place of the meeting, and it will ask the parent to indicate whether they will attend.Before the IPRC meeting occurs, the parent will receive a written copy of any information about their child that the chair of the IPRC has received. This may include the results of assessments or a summary of information.
What if parents are unable to make the scheduled meeting?
If the parent is unable to make the scheduled meeting, he or she may:
What happens at an IPRC meeting?
What will the IPRC consider in making its placement decision?
Before the IPRC can consider placing the student in a special education class, it must consider whether placement in a regular class with appropriate special education services will:
If the committee decides that the student should be placed in a special education class, it must state the reasons for that decision in its written statement of decision.
What will the IPRC’s written statement of decision include?
The IPRC’s written statement of decision will state:
What happens after the IPRC has made its decision?
Once a child has been placed in a special education program, can the placement be reviewed?
What does a review IPRC consider and decide?
What can parents do if they disagree with the IPRC decision?
How does the parent appeal an IPRC decision?
If the parent disagrees with the IPRC’s identification of their child as exceptional or with the placement decision of the IPRC, he or she may, within 30 days of receipt of the original decision or within 15 days of receipt of the decision from the second meeting described above, give written notification of their intention to appeal the decision to the secretary of the board.The notice of appeal must:
What happens in the appeal process?
The appeal process involves the following steps:
Once a learning or social/emotional problem is suspected, it is important that all teachers and paraprofessionals involved with the student make observations over an extended period of time. Observations can be made using checklists, rating scales, questionnaires, and informal notes, and information is shared among colleagues.
After making initial observations and considering the student’s strengths and needs, the teacher works with the parents/guardians to develop and implement a growth plan that includes resources and instructional strategies to support their learning. The teacher then makes observations to assess the effectiveness of the growth plan and continues to communicate with parents. If more support to plan more extensive interventions is required, the teacher makes a referral to the school team. This process is in line with the tiered approach as described on page 24 in Learning for All.
School Program TeamAfter reviewing all the information that has been gathered, the school program team, consisting of the principal, referring teacher, special education teacher, and possibly other teachers, specialists, community workers, and/or parents/guardians, discusses further interventions or assistance that the student might need.
If, upon implementing the new interventions or assistance suggested by the program team, the student is still struggling, another team meeting is held, at which time further assessment may be suggested. For example, further assessment might include assessment of academic, intellectual ability and/or social/emotional adjustment. Speech and language assessments may also be done, as well as vision and hearing assessments, to eliminate the possibility that vision or hearing is the cause of the learning issues.
The results of the assessments are reviewed at another program team meeting. If the information obtained from the observations and assessments indicate that the student has met the Ministry criteria for a specific exceptionality, the student may then be referred to an identification, placement and review committee (IPRC).
The IPRC ProcessThe IPRC must consist of at least three members, one of whom must be the principal or supervisory officer of the board. Parents/guardians have the right to attend the IPRC meetings (and are encouraged to do so!), and must be kept informed throughout the process. The IPRC considers the student’s strengths and needs, educational and other assessments, information from the student and parents/guardians, and the proposals for special education programs and services (Highlights of Regulation 181/98, Ministry of Education).
Steps Involved
- Gather information: School staff and/or parent/guardian recognizes that the student is demonstrating difficulty in the regular classroom.
- Review the student’s records kept in their Ontario Student Record (OSR).
- Consult with the student, parents/guardians, school staff, and other professionals.
- Observe the student.
- Review the student’s current work and put accommodations in place.
- Conduct further assessments, if necessary.
- Consolidate and record information.
- Consider implementing tier 2.
- Set the Direction: Should tier 2 interventions not meet the student’s need; the teacher will take these concerns to the Program Team meeting where further suggestions are made.
- Establish a collaborative approach (including the student and parents/guardians).
- Establish roles and responsibilities.
- Begin writing an IEP.
- Consider implementing tier 3.
- IPRC Recommended:Student is formally referred to an IPRC.
- Set up IPRC meeting.
- Send out invitation to attend to parents/guardians, as per Regulation 181/98.
- IPRC Meeting: Makes decision regarding exceptionality and placement.
- Consider all information and proposals for special education programs and services.
- If student is considered exceptional, continue process.
- Recommendations regarding placement, programs, and services are made, and IEP is written within 30 days of placement in the program.
- If it is found that the student does not have an exceptionality, process ends unless parents/guardians appeal or request a follow up meeting.
- Formally identify exceptionality, if appropriate, and implement appropriate program based on test results and a psycho-educational assessment.
- Student Placement: According to IPRC decision.
- Requires parental consent, otherwise parents may opt to appeal the decision and go through an appeal process.
- Develop the IEP: Establish and/or update the student’s IEP based on the IPRC decision and any additional information provided.
- Identify goals and expectations.
- Determine strategies and resources.
- Develop a transition plan.
- Establish a monitoring cycle.
- Implement the IEP:Share the IEP with the student (if 16 and over), parents/guardians, school staff, and other professionals, as needed.
- Implement the IEP into practice.
- Continuously evaluate the student’s progress.
- Adjust goals, expectations, and strategies as necessary.
- Review and update the IEP:
- Review and update IEP as needed each term.
- Upon parents’/guardians’ request, an IEP review may take place sooner but no more than once every three months.
- Store the IEP in the Ontario Student Record Documentation file unless parents/guardians object, in writing.
Identifying the Needs of Exceptional Pupilshttp://www.edu.gov.on.ca/eng/general/elemsec/speced/identifi.html
"Exceptional pupils are identified as such by an Identification, Placement, and Review Committee (IPRC). Upon receiving a written request from a student's parent(s)/guardian(s), the principal of the school must refer the student to an IPRC. The IPRC will decide whether the student is an exceptional pupil and, if so, what type of educational placement is appropriate. The principal may also, on written notice to the parent(s)/guardian(s), refer the student to an IPRC. The parent(s)/guardian(s), as well as a student who is sixteen years of age or older, have the right to attend the IPRC meeting and may request that the IPRC discuss potential programs that would meet the student's needs. On the basis of these discussions, the IPRC can recommend the special education programs and/or services that it considers to be appropriate for the student.
The regulation governing the identification and placement of exceptional pupils directs the IPRC to consider the integration of exceptional pupils into regular classes. Before considering the option of placing a student in a special education class, the committee must first consider whether placement in a regular class, with appropriate special education programs and services, would meet the student's needs and be consistent with the parent's preferences. Where placement in a special education class is deemed most appropriate, the IPRC must provide written reasons for its decision.
For students whose needs cannot be met entirely in the regular classroom, a range of placement options is available. These options include:
- A regular class with indirect support where the student is placed in a regular class for the entire day, and the teacher receives specialized consultative services.
- A regular class with resource assistance where the student is placed in a regular class for most or all of the day and receives specialized instruction, individually or in a small group, within the regular classroom from a qualified special education teacher.
- A regular class with withdrawal assistance where the student is placed in a regular class and receives instruction outside the classroom, for less than 50 per cent of the school day, from a qualified special education teacher.
- A special education class with partial integration where the student is placed by the IPRC in a special education class in which the student-teacher ratio conforms to Regulation 298, section 31, for at least 50 per cent of the school day, but is integrated with a regular class for at least one instructional period daily.
- A full-time special education class where the student-teacher ratio conforms to Regulation 298, section 31, for the entire school day.
This document represents a summary of information, provided in Ontario Regulation 181/98, and should be read in conjunction with this Regulation. If any discrepancy exists between this document and the Regulation, the information in Regulation 181/98 applies.
Requirements of Regulation 181/98The Education Act requires that school boards provide, or purchase from another board, special education programs and services for their exceptional pupils. This attachment provides information about the Identification, Placement, and Review Committee (IPRC), and sets out the procedures involved in identifying a pupil as “exceptional”, deciding the pupil’s placement, or appealing such decisions when the parent does not agree with the IPRC.
Note: The word “parent” when used, includes guardian.
What is an IPRC?
Regulation 181/98 requires that all school boards set up an Identification, Placement and Review Committee (IPRC). An IPRC is composed of at least three persons, one of whom must be a principal or supervisory officer of the board.
What is the role of the IPRC?
The IPRC will:
- decide whether or not the student should be identified as exceptional;
- identify the areas of the student’s exceptionality, according to the categories and definitions of exceptionalities provided by the Ministry of Education;
- decide an appropriate placement for the student; and
- review the identification and placement at least once in each school year.
Who is identified as an exceptional pupil?
The Education Act defines an exceptional pupil as “a pupil whose behavioural, communicational, intellectual, physical or multiple exceptionalities are such that he or she is considered to need placement in a special education program....” Students are identified according to the categories and definitions of exceptionalities provided by the Ministry of Education.
What is a special education program?
A special education program is defined in the Education Act as an educational program that:
- is based on and modified by the results of continuous assessment and evaluation; and
- includes a plan (called an Individual Education Plan or IEP) containing specific objectives and an outline of special education services that meet the needs of the exceptional pupil.
What are special education services?
Special education services are defined in the Education Act as the facilities and resources, including support personnel and equipment, necessary for developing and implementing a special education program.
What is an IEP?
The IEP must be developed for a student, in consultation with the parent. It must include:
- specific educational expectations;
- an outline of the special education program and services that will be received;
- a statement about the methods by which the student’s progress will be reviewed; and
- for students 14 years and older (except those identified as exceptional solely on the basis of giftedness), a plan for transition to appropriate postsecondary school activities, such as work, further education, and community living.
How is an IPRC meeting requested?
The principal of the student’s school:
- must request an IPRC meeting for the student, upon receiving a written request from the parent;
- may, with written notice to the parent, refer the student to an IPRC when the principal and the student’s teacher or teachers believe that the student may benefit from a special education program.
May parents attend the IPRC meeting?
Regulation 181/98 entitles parents and pupils 16 years of age or older:
- to be present at and participate in all committee discussions about the student; and
- to be present when the committee’s identification and placement decision is made.
Who else may attend an IPRC meeting?
- the principal of the student’s school;
- other resource people such as the student’s teacher, special education staff, board support staff, or the representative of an agency, who may provide further information or clarification;
- a representative of the parent or student 16 years of age or older – that is, a person who may provide support or speak on behalf of the parent or student; and
- an interpreter, if one is required, e.g., sign language, oral, specific language.
Who may request that others attend?
Either the parent or the principal of the student’s school may make a request for the attendance of others at the IPRC meeting.
What information will parents receive about the IPRC meeting?
At least 10 days in advance of the meeting, the chair of the IPRC will provide to the parent, written notification of the meeting and an invitation to attend the meeting as an important partner in considering their child’s placement. This letter will provide notification of the date, time, and place of the meeting, and it will ask the parent to indicate whether they will attend.Before the IPRC meeting occurs, the parent will receive a written copy of any information about their child that the chair of the IPRC has received. This may include the results of assessments or a summary of information.
What if parents are unable to make the scheduled meeting?
If the parent is unable to make the scheduled meeting, he or she may:
- contact the school principal to arrange an alternative date or time; or
- let the school principal know he or she will not be attending, and as soon as possible after the meeting, the principal will forward to the parent, for their consideration and signature, the IPRC’s written statement of decision noting the decision of identification and placement and any recommendations regarding special education programs and services.
What happens at an IPRC meeting?
- The chair introduces everyone and explains the purpose of the meeting.
- The IPRC will review all available information about the student. They will:
- consider an educational assessment;
- consider, subject to the provisions of the Health Care Consent Act, 1996, a health or psychological assessment conducted by a qualified practitioner if they feel that such an assessment is required to make a correct identification or placement decision;
- interview the student, with the parent’s permission, if the child is less than 16 years of age, if they feel it would be useful to do so; and
- consider any information that the parent submits about their child or that the student submits if he or she is 16 years of age or older.
- The committee may discuss any proposal that has been made about a special education program or special education services for the student. Committee members will discuss any such proposal at the parent’s request, or at the request of the student if the student is 16 years of age or older.
- Parents are encouraged to ask questions and join in the discussion.
- Following the discussion, after all the information has been presented and considered, the committee will make its decision.
What will the IPRC consider in making its placement decision?
Before the IPRC can consider placing the student in a special education class, it must consider whether placement in a regular class with appropriate special education services will:
- meet the student’s needs; and
- be consistent with parental preferences.
If the committee decides that the student should be placed in a special education class, it must state the reasons for that decision in its written statement of decision.
What will the IPRC’s written statement of decision include?
The IPRC’s written statement of decision will state:
- whether the IPRC has identified the student as exceptional;
- where the IPRC has identified the student as exceptional,
- the categories and definitions of any exceptionalities identified, as they are defined by the Ministry of Education;
- the IPRC’s description of the student’s strengths and needs;
- the IPRC’s placement decision; and
- the IPRC’s recommendations regarding a special education program and special education services;
- where the IPRC has decided that the student should be placed in a special education class, the reasons for that decision.
What happens after the IPRC has made its decision?
- If the parent agrees with the IPRC decision, he or she will be asked to indicate, by signing their name, agreement with the identification and placement decisions made by the IPRC. The statement of decision may be signed at the IPRC meeting or taken home and returned.
- If the IPRC has identified the student as an exceptional pupil and the parent agreed with the IPRC identification and placement decision, the board will promptly notify the principal of the school at which the special education program is to be provided of the need to develop an Individual Education Plan (IEP) for the student.
Once a child has been placed in a special education program, can the placement be reviewed?
- A review IPRC meeting will be held within the school year, unless the principal of the school at which the special education program is being provided receives written notice from the parent, dispensing with the annual review.
- The parent may request a review IPRC meeting any time after their child has been in a special education program for 3 months.
What does a review IPRC consider and decide?
- The review IPRC considers the same type of information that was originally considered.
- With the parent’s written permission, the IPRC conducting the review will consider the progress the student has made in relation to the IEP.
- The IPRC will review the placement and identification decisions and decide whether they should be continued or whether a different decision should now be made.
What can parents do if they disagree with the IPRC decision?
- If the parent does not agree with either the identification or placement decision made by the IPRC, he or she may:
- within 15 days of receipt of the decision, request that the IPRC hold a second meeting to discuss their concerns; or
- within 30 days of receipt of the decision, file a notice of appeal with the secretary of the board.
- If the parent does not agree with the decision after the second meeting, he or she may file a notice of appeal within 15 days of receipt of the decision.
How does the parent appeal an IPRC decision?
If the parent disagrees with the IPRC’s identification of their child as exceptional or with the placement decision of the IPRC, he or she may, within 30 days of receipt of the original decision or within 15 days of receipt of the decision from the second meeting described above, give written notification of their intention to appeal the decision to the secretary of the board.The notice of appeal must:
- indicate the decision with which the parent disagrees; and
- include a statement that sets out his or her reasons for disagreeing.
What happens in the appeal process?
The appeal process involves the following steps:
- The board will establish a special education appeal board to hear the appeal. The appeal board will be composed of three persons (one of whom is to be selected by the parent) who have no prior knowledge of the matter under appeal.
- The chair of the appeal board will arrange a meeting to take place at a convenient time and place, but no later than 30 days after he or she has been selected (unless parents and board both provide written consent to a later date).
- The appeal board will receive the material reviewed by the IPRC and may interview any persons who may be able to contribute information about the matter under appeal.
- The parent, and student, if he or she is 16 years old or over, are entitled to be present at, and to participate in, all discussions.
- The appeal board must make its recommendation within 3 days of the meeting ending. It may:
- agree with the IPRC and recommend that the decision be implemented; or
- disagree with the IPRC and make a recommendation to the board about the student’s identification, placement, or both.
- The appeal board will report its recommendations in writing, to the parent and to the school board, providing the reasons for its recommendations.
- Within 30 days of receiving the appeal board’s written statement, the school board will decide what action it will take with respect to the recommendations (boards are not required to follow the appeal board recommendation).
- The parent may accept the decision of the school board, or may appeal to a Special Education Tribunal. The parent may request a hearing by writing to the secretary of the Special Education Tribunal. Information about making an application to the tribunal will be included with the appeal board’s decision.
The Appeal Process
http://ajsn.communitylivingontario.ca/content/special-education-0
In order to appeal to the Ontario Special Education Tribunal, you must first go through all stages of local reviews and appeals. Timelines are very important. Here are the steps to take.
IPRC MeetingRequest and attend an Identification, Placement, and Review Committee (IPRC)meeting.
If you do not indicate your agreement with your child's IPRC decision by signing it, but do not appeal the decision to the SEAB, the school board may notify you of their intention to implement the IPRC decision. This does not mean you can never appeal the IPRC decision about your child's identification or placement. You can ask for another IPRC meeting and begin the appeal process if you still disagree with the outcome.
If you want to appeal the IPRC decision:
Appeal to the Ontario Special Education TribunalIf you wish to appeal the SEAB's decision, you must do so with the Ontario Special Education Tribunal. This appeal must be made within 30 days of the SEAB decision. To make an appeal, write to the secretary of the tribunal, saying that you want to appeal the SEAB's decision. You can also complete the tribunal's Form A: Notice of Appealand send it to the secretary of the tribunal.
The letter, or completed Form A, should include the following information.
Pre-hearing ConferenceThe school board and the chair of the Ontario Special Education Tribunal will each get a copy. The school board then has 10 days to fill out Form B: Response to a Notice of Appeal and send it to you and the Secretary of the tribunal.
Once Form A and Form B are received by the Secretary of the Ontario Special Education Tribunal, the panel members assigned to your appeal will have a pre-hearing conference. The pre-hearing conference is usually held over the phone, but it can sometimes be a face-to-face meeting, or the information can be shared in writing. If one or the other is better for you, just let the tribunal secretary know.
The purpose of this pre-hearing conference is to:
Who Participates in the Pre-conference Hearing?The people who participate in the pre-conference hearing are usually the parties and their representative(s), the 3 members of the panel hearing the appeal and the tribunal secretary.
AccommodationIf you need some kind of accommodation (e.g., wheelchair access, sign language interpreter, large print materials or other help) make a request to the secretary. If you need accommodation, ask for it as early in the process as you can.
Pre-hearing IssuesIf either party has an issue (e.g. needs more time, wants accommodation or would like the hearing to be at a certain location) they should tell this to the tribunal secretary. The panel chair will decide how to handle the issue. If you have an issue that might affect the hearing, you may be asked to make a motion (see below).
Pre-hearing MotionsIf you want to or are asked to make a motion, you must tell the tribunal secretary. You will need to tell the panel what you want and give reasons as to why you should get it. The panel may make a decision on the motion right away or may wait until the end of the hearing. The way motions are dealt with is set out in the tribunal’s Rules of Procedure.
MediationSometimes it is possible to fix any issues before you go to a hearing. This process is called mediation. Mediation is a meeting where two parties discussed a disagreement with the help of an independent mediator. At the pre-hearing conference, you will be asked if you want to go to mediation. Mediation is done only if both sides agree to it, and anything that is said will be kept secret.
If you know for sure that you would like to try mediation, you can check off the box about this on Form A.
Once a mediator has been chosen, the mediator will probably meet with both sides separately and together to identify the issues and help get agreement on possible solutions.
Parents should prepare for mediation by focusing on their child's needs, and clearly outlining their position. They could list what they propose as a solution and consider all options offered that might settle the dispute. Some possible solutions can be attempted in a short-term or experimental way to evaluate their effectiveness, with a plan to meet at a later date to consider how well the solution has worked, and to make modifications if necessary.
If Mediation WorksIf mediation helps settle all the issues of the appeal, the parents can withdraw the appeal or the parties can ask for a consent order.
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If Mediation Fixes Some but Not All the IssuesIf the parties agree on some of the issues through mediation, those issues will be put into an agreed-upon statement of facts. The panel will then consider only the issues that have not been fixed through mediation.
If Mediation Does Not WorkIf mediation doesn't settle the issues, and the parties don't agree, the appeal will go to a hearing. In this case, anything that the parties said during mediation cannot be used against them at the hearing stage.
TimelinesIPRC MeetingSchools must identify and accommodate exceptional students with an IPRC meeting. When this meeting occurs, make sure to attend it, and use it as an opportunity to suggest how your child should be supported.
As part of the IPRC meeting, a decision will be made for the identification and/or placement of your child. If you disagree with the decision for either the identification or placement for your child, there are steps you can take. You can either request a second IPRC meeting or you can appeal the IPRC decision to the SEAB.
Requesting a second IPRC - (OPTIONAL)If you wish to request a second IPRC meeting, you must do so within 15 days of getting the first IPRC decision.
Appealing the IPRC Decision to SEABIf you wish to appeal the IPRC decision to the SEAB, you must do so within 30 days of the first IPRC OR within 15 days of a second IPRC, if there was a second one. You do not need to request a second IPRC to make an appeal to SEAB.
Appealing the Board's Response to the SEAB DecisionIf you wish to appeal the board’s response to the SEAB decision, you must do so within 30 days of getting the board's answer to the SEAB recommendations.
Complete Form A: Notice of Appeal and Send it to the Special Education TribunalTo appeal the board's response to the SEAB decision, you will need to fill out Form A within 20 days of receiving it from the secretary.
Board Files Completed Form B: Response to Notice of AppealOnce the board receives the completed Form A from the secretary, they will file a completed Form B: Response to Notice of Appeal within 10 days.
Pre-hearing Conference for the Parties and the PanelAfter the secretary receives the completed Form B from the board, the secretary will set up a pre-hearing conference within 20 days.
Sharing Documents (Disclosure)In order for all parties to be prepared for the hearing, there must be disclosure, or sharing of information. At least 30 days before the hearing, parents have to send their documents to the respondents (the school board) and to the Special Education Tribunal.
The school board must also share its information. At least 15 days before the hearing, the school board has to send its binder of documents to the parents and to the Special Education Tribunal.
A hearing gives you the chance to present and prove your case to the Tribunal. It is important to remember that a tribunal is not a court. The panel is there to listen to both sides and make a decision that is in the best interest of the student, and also follows the law as it is described in the Education Act, the Regulations under the Act, and the Policies established by the Ministry of Education.
Preparing for the HearingThink About the Issues:
Location
For the location of the hearing, the secretary of the tribunal picks a place close to the area where both sides live. Sometimes it will be in a hotel or library. The location will be accessible.
The PanelA panel of 3 tribunal members will hear the appeal. One member will be the panel chair, who will guide the hearing.
What You Should Bring to the Hearing
Language of HearingUnless you are appealing a decision made in a French school board, the hearing will be in English. If you want to speak in French or question a witness in French, you can ask for an interpreter. If you wish to use American Sign Language, an interpreter will be provided. If you need an interpreter, you must tell the secretary of the tribunal as soon as possible.
Other People Who May Be at the Hearing
Confidentiality
Even though the hearing will be held in the area of the school board, it might still be quite distant from your home. If you are too far away to go home at night, you will have to find your own place to stay and pay for it. You will be given water during the hearing, but you must take care of your own food.
Back to topMaking Your CaseOpening StatementsUsually, you will begin by telling the panel who you are, why you have come and what you will be trying to prove to them as the hearing goes ahead. This is called the opening statement.
The opening statement includes:
If there is a disagreement about allowing an exhibit, the party who wants to include it must tell the panel why the information is important.
Each party can give evidence. The evidence must be:
As well as verbal and written evidence, the parties should present information about the placement, special education programs and services that are most likely to meet the student’s needs.
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WitnessesBoth sides can call witnesses to support their story. The school board goes first and then it is your turn. Each side can ask questions of the other side’s witnesses. Witnesses cannot come into the hearing room until it is their time to speak (testify).
Steps followed for each witness are:
Using Witnesses to Help Make Your Case
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Last Minute Documents or WitnessesNormally, you are not allowed to add witnesses or official documents after both sides have shared information, but, in some special cases, you may be allowed to. If the school board doesn’t want something added, they will argue against it. The panel chair will make a ruling on whether or not your last-minute witnesses or documents will be accepted. This decision is final.
ObjectionsIf you hear the school board ask a question that you don’t think is fair, right or important, you can stand up and tell the panel so. This is called an objection. You will have a chance to explain why you do not like the question, and the school board will say why they think the question is important and fair. The panel chair will rule on the objection, and again, this decision is final.
*** Remember, this tribunal is not a court. At any time, parties are allowed to ask questions, as long as they have something to do with the issue.
ConductAll sides must show respect for everyone at the hearing. Rudeness toward witnesses, representatives or the panel is against the rules. Keep in mind that you are making an impression on the panel by the way you conduct yourself and present your case.
Communicating With the Panel During the HearingIf you have questions or comments, direct them to the panel chair. The chair will guide the hearing and always keep you informed about what is going on and why. If you have a question or issue, you must say it out in the open. You cannot talk to the panel in private. This rule makes sure nothing is done without both sides knowing about it.
Final ArgumentOnce all the witnesses have had their turn, the exhibits (documents) have been shared, and the panel has listened to all the information that came out in the hearing, the panel will ask each side to talk about why the panel should make a decision in their favour.
In order to appeal to the Ontario Special Education Tribunal, you must first go through all stages of local reviews and appeals. Timelines are very important. Here are the steps to take.
IPRC MeetingRequest and attend an Identification, Placement, and Review Committee (IPRC)meeting.
- Go to the IPRC meeting and try to work out your child's needs and placement with the school and school board staff.
- Write a letter to your child's school principal, and ask for an IPRC meeting.
- Within 15 days of getting the report from the first IPRC meeting, ask for a new meeting to try to resolve any issues with placement/support that still exist
If you do not indicate your agreement with your child's IPRC decision by signing it, but do not appeal the decision to the SEAB, the school board may notify you of their intention to implement the IPRC decision. This does not mean you can never appeal the IPRC decision about your child's identification or placement. You can ask for another IPRC meeting and begin the appeal process if you still disagree with the outcome.
If you want to appeal the IPRC decision:
- Write to the secretary of the board to tell them that you want to appeal the IPRC decision.
- The letter must list which IPRC decision is a problem for you.
- Give the reasons why you disagree with the IPRC decision.
- Within three days of the SEAB meeting, the SEAB panel will give you a statement that either agrees or disagrees with the IPRC decision and, if they disagree with the IPRC, make recommendations to the board about the student's identification or placement or both.
- The school board can either follow or ignore the SEAB’s suggestions.
- If you do not agree with the SEAB’s suggestions or the board’s response, you can appeal to the Ontario Special Education Tribunal.
Appeal to the Ontario Special Education TribunalIf you wish to appeal the SEAB's decision, you must do so with the Ontario Special Education Tribunal. This appeal must be made within 30 days of the SEAB decision. To make an appeal, write to the secretary of the tribunal, saying that you want to appeal the SEAB's decision. You can also complete the tribunal's Form A: Notice of Appealand send it to the secretary of the tribunal.
The letter, or completed Form A, should include the following information.
- Contact information for the parents; information about the student.
- The story of the steps you took that led to the appeal.
- Copies of the official documents you got at each step: IPRC decision, SEAB recommendations and school board response;
- Your list of reasons for your appeal. These reasons should be clear and to the point.
- Say whether the identification and/or placement is being appealed.
- Tell them exactly why you are not happy with the identification and/or placement.
- What you want the school board to do about the student’s identification and/or placement.
- If you are going to have a representative, you must include his/her information.
- Information about any other applications you are making in other places (such as court or another tribunal) about this issue.
- Signatures
Pre-hearing ConferenceThe school board and the chair of the Ontario Special Education Tribunal will each get a copy. The school board then has 10 days to fill out Form B: Response to a Notice of Appeal and send it to you and the Secretary of the tribunal.
Once Form A and Form B are received by the Secretary of the Ontario Special Education Tribunal, the panel members assigned to your appeal will have a pre-hearing conference. The pre-hearing conference is usually held over the phone, but it can sometimes be a face-to-face meeting, or the information can be shared in writing. If one or the other is better for you, just let the tribunal secretary know.
The purpose of this pre-hearing conference is to:
- Talk about what procedures will be followed
- Decide the issues that are to be argued
- Set dates for further discussions and possible hearing dates
- Set dates for sharing information with the tribunal and the other party. (This sharing of information is called disclosure.)
- Figure out if any of the parties and/or participants need help/accommodation.
- Ask parties if they want to try mediation. Mediation is not a requirement, but as explained below, it could be helpful for you.
Who Participates in the Pre-conference Hearing?The people who participate in the pre-conference hearing are usually the parties and their representative(s), the 3 members of the panel hearing the appeal and the tribunal secretary.
AccommodationIf you need some kind of accommodation (e.g., wheelchair access, sign language interpreter, large print materials or other help) make a request to the secretary. If you need accommodation, ask for it as early in the process as you can.
Pre-hearing IssuesIf either party has an issue (e.g. needs more time, wants accommodation or would like the hearing to be at a certain location) they should tell this to the tribunal secretary. The panel chair will decide how to handle the issue. If you have an issue that might affect the hearing, you may be asked to make a motion (see below).
Pre-hearing MotionsIf you want to or are asked to make a motion, you must tell the tribunal secretary. You will need to tell the panel what you want and give reasons as to why you should get it. The panel may make a decision on the motion right away or may wait until the end of the hearing. The way motions are dealt with is set out in the tribunal’s Rules of Procedure.
MediationSometimes it is possible to fix any issues before you go to a hearing. This process is called mediation. Mediation is a meeting where two parties discussed a disagreement with the help of an independent mediator. At the pre-hearing conference, you will be asked if you want to go to mediation. Mediation is done only if both sides agree to it, and anything that is said will be kept secret.
If you know for sure that you would like to try mediation, you can check off the box about this on Form A.
Once a mediator has been chosen, the mediator will probably meet with both sides separately and together to identify the issues and help get agreement on possible solutions.
Parents should prepare for mediation by focusing on their child's needs, and clearly outlining their position. They could list what they propose as a solution and consider all options offered that might settle the dispute. Some possible solutions can be attempted in a short-term or experimental way to evaluate their effectiveness, with a plan to meet at a later date to consider how well the solution has worked, and to make modifications if necessary.
If Mediation WorksIf mediation helps settle all the issues of the appeal, the parents can withdraw the appeal or the parties can ask for a consent order.
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If Mediation Fixes Some but Not All the IssuesIf the parties agree on some of the issues through mediation, those issues will be put into an agreed-upon statement of facts. The panel will then consider only the issues that have not been fixed through mediation.
If Mediation Does Not WorkIf mediation doesn't settle the issues, and the parties don't agree, the appeal will go to a hearing. In this case, anything that the parties said during mediation cannot be used against them at the hearing stage.
TimelinesIPRC MeetingSchools must identify and accommodate exceptional students with an IPRC meeting. When this meeting occurs, make sure to attend it, and use it as an opportunity to suggest how your child should be supported.
As part of the IPRC meeting, a decision will be made for the identification and/or placement of your child. If you disagree with the decision for either the identification or placement for your child, there are steps you can take. You can either request a second IPRC meeting or you can appeal the IPRC decision to the SEAB.
Requesting a second IPRC - (OPTIONAL)If you wish to request a second IPRC meeting, you must do so within 15 days of getting the first IPRC decision.
Appealing the IPRC Decision to SEABIf you wish to appeal the IPRC decision to the SEAB, you must do so within 30 days of the first IPRC OR within 15 days of a second IPRC, if there was a second one. You do not need to request a second IPRC to make an appeal to SEAB.
Appealing the Board's Response to the SEAB DecisionIf you wish to appeal the board’s response to the SEAB decision, you must do so within 30 days of getting the board's answer to the SEAB recommendations.
Complete Form A: Notice of Appeal and Send it to the Special Education TribunalTo appeal the board's response to the SEAB decision, you will need to fill out Form A within 20 days of receiving it from the secretary.
Board Files Completed Form B: Response to Notice of AppealOnce the board receives the completed Form A from the secretary, they will file a completed Form B: Response to Notice of Appeal within 10 days.
Pre-hearing Conference for the Parties and the PanelAfter the secretary receives the completed Form B from the board, the secretary will set up a pre-hearing conference within 20 days.
Sharing Documents (Disclosure)In order for all parties to be prepared for the hearing, there must be disclosure, or sharing of information. At least 30 days before the hearing, parents have to send their documents to the respondents (the school board) and to the Special Education Tribunal.
The school board must also share its information. At least 15 days before the hearing, the school board has to send its binder of documents to the parents and to the Special Education Tribunal.
A hearing gives you the chance to present and prove your case to the Tribunal. It is important to remember that a tribunal is not a court. The panel is there to listen to both sides and make a decision that is in the best interest of the student, and also follows the law as it is described in the Education Act, the Regulations under the Act, and the Policies established by the Ministry of Education.
Preparing for the HearingThink About the Issues:
- Think about any facts or details that might help prove that the child’s placementand/or accommodations are not right. Make a list.
- Think about the other party’s side of the story: In what ways do you disagree? What did they leave out? How do you respond? Make a list.
- If someone else is connected to or has information about your case, then you may want to bring them as a witness
- If you are the only person with first hand info about your side of the story, you may not need witnesses
- Good witness(es) = know about your personal issue, have a good reputation and do not gain or lose from the outcome.
- Unsatisfactory witness(es) = have general information only, and may have a stake in how your case turns out.
- If you’re worried that your witness may not show up, you can ask your case coordinator to help to get a summons.
- Write down the questions you want to ask your witness(es). These questions should help the witness to talk about the things that you think are important for your case.
- Meet with the witness(es), tell them why you have asked them to speak for you, and practice asking them your list of questions.
- Track down any records you have that you think might support your case.
- These records must be sent to the secretary and the board at least 10 daysbefore the hearing.
- You can give any record that goes to the exact issues you have raised. Such records might be emails or doctors' reports. Remember: other documents (found on the Internet or in the newspaper) ARE NOT usually allowed as evidence.
Location
For the location of the hearing, the secretary of the tribunal picks a place close to the area where both sides live. Sometimes it will be in a hotel or library. The location will be accessible.
The PanelA panel of 3 tribunal members will hear the appeal. One member will be the panel chair, who will guide the hearing.
What You Should Bring to the Hearing
- Two copies of your binder that contains the documents you plan to use as evidence. One for you and one for your witnesses.
- The binder that the school board will give you before the hearing.
- Any audio-visual equipment to help tell your story. Such equipment is not provided, so if you need it, you have to bring it yourself.
Language of HearingUnless you are appealing a decision made in a French school board, the hearing will be in English. If you want to speak in French or question a witness in French, you can ask for an interpreter. If you wish to use American Sign Language, an interpreter will be provided. If you need an interpreter, you must tell the secretary of the tribunal as soon as possible.
Other People Who May Be at the Hearing
- Hearings are open for anyone to attend. If you are using official documents or information that you want to be kept private, you can ask for a seal. This means it will not be made public.
- You can have a representative or a support person at the hearing with you
- The school board will likely have a representative and the superintendent at the hearing.
Confidentiality
- There may be times when the hearing deals with private matters. The chairperson may close the hearing to the public if a party asks for this or if the panel thinks it is needed.
- No one other than the court reporter is allowed to record the hearing without special permission.
Even though the hearing will be held in the area of the school board, it might still be quite distant from your home. If you are too far away to go home at night, you will have to find your own place to stay and pay for it. You will be given water during the hearing, but you must take care of your own food.
Back to topMaking Your CaseOpening StatementsUsually, you will begin by telling the panel who you are, why you have come and what you will be trying to prove to them as the hearing goes ahead. This is called the opening statement.
The opening statement includes:
- Showing that you already tried all the other ways to fix your issue. Remember these steps are explained for you in the Appeal Steps section.
- Giving the main reason why you are unhappy with the identification and/orplacement of the student
- Telling the panel how you think the issue can be fixed
- Tell the panel what it wants to prove
- Address your ideas for fixing the issue
If there is a disagreement about allowing an exhibit, the party who wants to include it must tell the panel why the information is important.
Each party can give evidence. The evidence must be:
- relevant;
- recent; and
- helpful to the panel in figuring out the strengths and needs of the student.
- Evidence might include:
- educational, psychological, and health assessment reports. These types of reports are explained in Regulation 181/98
- other information about the student’s schooling, such as report cards and samples of work; and
- information about the programs and services you believe meet the student’s needs
As well as verbal and written evidence, the parties should present information about the placement, special education programs and services that are most likely to meet the student’s needs.
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WitnessesBoth sides can call witnesses to support their story. The school board goes first and then it is your turn. Each side can ask questions of the other side’s witnesses. Witnesses cannot come into the hearing room until it is their time to speak (testify).
Steps followed for each witness are:
- The panel chair asks the witness to promise to tell the truth.
- The witness is questioned by the party that called him/her.
- The other party cross-examines the witness.
- The witness is re-examined by the party who called him/her about anything new that came up while the witness was being questioned by the other side.
- The panel may question the witness.
- The parties can ask more questions of the witnesses, but only about new things that came up during the panel’s questioning.
Using Witnesses to Help Make Your Case
- Call the witnesses in an order that helps tell your story in a clear way.
- When you call your witnesses, you should use open-ended questions; do not use questions that suggest what the answers might be.
- When questioning the other side’s witness, you can suggest an answer and ask for his or her view, and then ask, “yes or no?” If you have information that goes against what a witness is saying, ask him or her about it.
- If both parents are present at the hearing, one may act as a representative and ask questions. The other parent becomes a witness and may be cross-examined by the other side.
- If you question your witness a second time, you can only ask about anything new that came up while the witness was being questioned by the other side or by the panel. You can’t ask your witness the same questions.
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Last Minute Documents or WitnessesNormally, you are not allowed to add witnesses or official documents after both sides have shared information, but, in some special cases, you may be allowed to. If the school board doesn’t want something added, they will argue against it. The panel chair will make a ruling on whether or not your last-minute witnesses or documents will be accepted. This decision is final.
ObjectionsIf you hear the school board ask a question that you don’t think is fair, right or important, you can stand up and tell the panel so. This is called an objection. You will have a chance to explain why you do not like the question, and the school board will say why they think the question is important and fair. The panel chair will rule on the objection, and again, this decision is final.
*** Remember, this tribunal is not a court. At any time, parties are allowed to ask questions, as long as they have something to do with the issue.
ConductAll sides must show respect for everyone at the hearing. Rudeness toward witnesses, representatives or the panel is against the rules. Keep in mind that you are making an impression on the panel by the way you conduct yourself and present your case.
Communicating With the Panel During the HearingIf you have questions or comments, direct them to the panel chair. The chair will guide the hearing and always keep you informed about what is going on and why. If you have a question or issue, you must say it out in the open. You cannot talk to the panel in private. This rule makes sure nothing is done without both sides knowing about it.
Final ArgumentOnce all the witnesses have had their turn, the exhibits (documents) have been shared, and the panel has listened to all the information that came out in the hearing, the panel will ask each side to talk about why the panel should make a decision in their favour.
- Prepare an outline of what you want to say during your final argument.
- This is not the time to testify all over again. Instead, go over the best evidence that supports your side of the story, and list the reasons why the other side’s case is weak.
- Remind the panel about helpful things said by witnesses, useful things found in exhibits and key points from other cases in the past.
- Tell the panel what you would like them to remember as they leave to make their decision.
- ibunal's DecisionOnce the hearing has ended, the panel meets to talk about the facts, information presented, and the law. Only panel members who heard all the evidence will take part in making the decision. The decision is based only on the evidence given at the hearing.
The Tribunal will consider both what the student needs and what the Board is able to offer. They will be guided by what is in the "best interest of the student." - Note: “best interest of the student” comes from the Supreme Court decision inEaton v. Brant County Board of Education, (1997) 1 S.C.R. 241
- The panel's decision may be to grant your appeal, deny your appeal, or grant your appeal in part (give you part of the remedies you seek but not all).
Timeline for DecisionSometimes the tribunal may give an interim decision, within a week or so, without written reasons. Usually, the tribunal will give its decision with reasons and any orders it will make, within 90 days of the hearing.
Following the HearingThe tribunal may continue to take an interest in how its decision is applied. This is called “remaining seized of the case.” The tribunal may do this on its own or because it has been asked to by a party. See Practice Direction - Seized Cases for more information. The tribunal usually stays involved if doing so is in the best interest of the student.
If you win the decision, but feel that the school board is not following what they were told to do, you can get a court order to force them to do so. If you decide to get a court order, it may be a good idea to get help from a representative before going to the court, though you don't have to.
Other OptionsThe decision of the tribunal is final and binding. You do not have the right to appeal or to apply for a re-hearing. If you think that the hearing was unfair, or that the decision was not reasonable or correct, you can ask a court for a judicial review. It is a good idea to talk to a lawyer first.
Three months after the decision, you can also ask for another IPRC. If you are not happy with the new IPRC, you can begin the appeal process again.
NOTE *** Any new appeal must be based on the new IPRC alone. The tribunal will not hear about older matters that it has already decided on.
Ombudsman OntarioThe Ombudsman does not have the power to overturn decisions or change tribunal decisions, but If you believe you were treated unfairly by an administrative tribunal you can make a formal complaint with the Ombudsman. If the Ombudsman agrees, he can make recommendations to the tribunal to address the problem, and he can also make recommendations about government legislation, policies or programs. For more information on the powers of the Ombudsman over tribunals, go to: Ombudsman Ontario
CostsThere is no fee to make an appeal before the Ontario Special Education Tribunal. The costs to make an appeal will be for transportation to get to the hearing, for any reports or travel for witnesses you want to bring to the appeal, and for other similar aspects of your appeal.
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