Section 43 of the Education Act states that a parent or student (16 years of age or older) may request in writing that the Minister of Education review a board’s decision in the following matters:
- the provision of specialized supports and services to a student in accordance with section 11(4) or to a child enrolled in an early childhood services program
- the expulsion of a student
- which board is responsible for a student or child
- access to or the accuracy or completeness of a student record
This review is an independent examination of the reasonableness of a decision of the board. The Minister of Education has discretion to determine if the decision will be reviewed (Education Act, sections 43 and 44).
A parent or student must request the review within 60 days of the date on which they are informed of the board’s decision.
If the Minister of Education reviews the decision of the board, they may consider:
- Did the board's policy and procedures comply with the requirements of the Education Act?
- Did the board follow its policy and procedures when making the decision?
- Was there a lack of fairness sufficiently serious to call into question the reasonableness of the decision of the board?
The Minister of Education may uphold or overturn the decision of a board. The decision of the Minister of Education is final (Education Act, section 44).
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- Review by the Minister – Information for School Boards
- Review by the Minister – Information for parents and/or students
- Review by the Minister – Parents' Request Form
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