Board Policy

Policy 910 — Appeals Concerning Student Matters

Grasslands Public Schools

POLICY

GUIDELINES

1. It is expected that an attempt will have been made to resolve the situation through contact with the person who made the decision before proceeding with an appeal.
2. The failure to make a decision is deemed to be a decision that can be appealed.
3. The division appeal processes shall ensure that:
   1. there is no limitation of any rights provided by law or the right to other appeal processes;
   2. the individual making the appeal receives the decision in writing without undue delay; and
   3. the written decision includes information about the next level of appeal where appropriate.
   4. the person or persons hearing the appeal was(were) not involved in making the decision being appealed.
4. Individuals have the right:
   1. to retain, at their own initiative and expense, the services of advocates, witnesses and/or legal counsel to represent them during the appeal process;
   2. to have an interpreter present if required;
   3. to present information relating to the appeal; and
   4. to have access to the information used and the rationale for the original decision which is being appealed.

The Board recognizes that, in accordance with Section 123 of the School Act, and subsequently Section 42 of the Education Act, parents of a student, or a student who is 16 years of age or older, have/(has) the right to appeal the decision of a Grasslands employee if that decision significantly affects the education of the student.

5. Every decision must:
   1. be directed toward the education interests of the student,
   2. consider the impact of the decision of the total population of students served, and;
   3. consider the availability of resources.
5. Appeal procedures shall ensure full opportunity for the parties:
   1. to add information;
   2. to discuss the issues; and
   3. to state their positions and supporting arguments.
6. At any of the various steps in the process, parents/guardians, or the appellant student if over 16, shall have access to view reports and other information about their student or child, that were used to make the decision, pursuant to the policy, regulation governing student records and the Freedom of Information and Protection of Privacy Act.
7. The person or persons hearing the appeal shall inform the appellant of the time, date and location of the appeal hearing.

PROCEDURES

1. The appeal of a decision shall be made in writing, using the form attached to this policy, to the immediate supervisor of the individual who made the decision being appealed, unless otherwise specified in a particular appeal process. For example, to appeal the decision of a principal, the next level of appeal would be the superintendent.
2. The individual who receives the appeal shall attempt to resolve the issue in a satisfactory and timely manner.
3. If able to resolve the dispute, the individual shall confirm, in writing, that the appeal has been discontinued and indicate the resolution achieved.
4. If unable to resolve the dispute, the individual shall make a decision, communicate the decision and the reasons for it, in writing to those making the appeal, and advise them of the next level of appeal.
5. Disputes unresolved at the principal or supervisor level could be appealed to the superintendent.
6. Appeals will be heard by the Board only if the superintendent has not been successful in assisting to resolve the dispute.
7. The Board may choose to appoint an Appeals Committee to deal with an appeal.
   1. Real or Perceived Bias - The Alberta Court of Appeal has divided "bias" into three different categories:
      1. an opinion about the subject matter so strong so as to produce fixed and unalterable conclusions;
      2. any pecuniary bias, however slight;
      3. personal bias, due to association with a party or hostility to a party, to the extent there is a real likelihood of bias or an appearance that justice cannot be done in the circumstances.
   2. Any trustee who believes that he/she may be perceived to be biased based on the above, shall declare himself/herself ineligible to sit on the committee that will deal with that specific appeal.
   3. If the appellant challenges the presence of a trustee on the committee on the basis of perceived bias, and the trustee chooses not to excuse himself/herself, the Board shall decide whether or not the trustee can sit on that committee.
8. The Board or Committee will meet in private after hearing the Appeal, reach a decision and inform the appellant of the decision, in writing, within seven days.

GRASSLANDS PUBLIC SCHOOLS

Notice of Appeal

This document is to be completed by the parent or student, if over 16.

Parent(s)/Legal Guardian(s) Name(s): ______________________________________________

Address: _______________________________________________________________________

Home Phone --_______ Business Phone --_______

Cell Phone --_______

Student Name (Last Name, First Name, Middle Initial) __________________________________

Grasslands Student ID# ______________________

Date of Birth (YYYY/MM/DD) //____

Student Address (If different from parent) ____________________________________________

Email Address ________________________________________

School _______________________________________

Current Grade _______

Information about the decision being appealed

1. Name of employee whose decision is being appealed ______________________________

2. Date you were informed of the decision ____________________________________

3. Have you discussed the decision with the following people in an attempt to resolve the issue?

   • The person making the decision ☐ Yes ☐ No Date ________________
   • The Principal/Supervisor ☐ Yes ☐ No Date ________________
   • Grasslands Superintendent ☐ Yes ☐ No Date ________________

Please indicate the type of decision you are appealing

• ☐ Provision of education programs or services
• ☐ Promotion or graduation
• ☐ Access to or the accuracy or completeness of the student record
• ☐ Other (Please specify)

How does the decision significantly affect the education of the student?

4. Please outline your concerns regarding the decision. Include information on the events or activities which resulted in the decision.

If the answer will not fit in the space provided please attach a separate page

5. Please give your reasons for appealing the decision and describe the effect of the decision on the student's education.

6. Please explain the remedy/solution that you are seeking.

Signature of Appellant _________________________________________

Signature of Appellant _________________________________________

Please Deliver Completed Form To:

Grasslands Superintendent 745 – 2nd Avenue E. Brooks, AB T1R 0L2

The personal information on this form is collected under the authority of the Alberta School Act and subsequently the Alberta Education Act and the Freedom of Information and Protection of Privacy Act. The information will be disclosed only to those individuals who need the information in order to enable them to review and respond to your appeal.