Section 11 – Appeal to Board of Education

Under Section 11 of the School Act, as a parent, you can appeal to the Board of Education if you feel a decision or lack of a decision is seriously impacting your child at school.

Appeals

11   (1)In subsections (2) and (4), “decision” includes the failure of an employee to make a decision.

(2)If a decision of an employee of a board significantly affects the education, health or safety of a student, the parent of the student or the student may, within a reasonable time from the date that the parent or student was informed of the decision, appeal that decision to the board.

(3)For the purposes of hearing appeals under this section, a board must, by bylaw, establish an appeal procedure.

(4)A board may refuse to hear an appeal under this section unless the appellant discusses the decision under appeal with one or more persons as directed by the board.

(5)A board may establish one or more committees for the purpose of investigating appeals under this section.

(6)A board may make any decision that it considers appropriate in respect of the matter that is appealed to it under this section and, subject to section 11.1 (1), the decision of the board is final.

(7)A board must

(a)make a decision under this section within 45 days of the date on which the board receives the appeal, and

(b)promptly report that decision to the person making the appeal.

** This process is much faster than filing a Human Rights Complaint.

IF SOMEONE TELLS YOU THAT YOU MUST FILE A SECTION 11 APPEAL BEFORE YOU ARE ALLOWED TO FILE A HUMAN RIGHTS COMPLAINT,
THAT IS NOT TRUE.

Here is a practice and procedural booklet – 18 pages.

https://www2.gov.bc.ca/assets/gov/education/administration/legislation-policy/legislation/studentappeals/sab_procedures_manual.pdf

Here is an Ombudsperson BC decision regarding the option of bringing advocates with you.

Topic: Advocates at Section 11 Appeals meeting

https://bcombudsperson.ca/case_summary/advocates-allowed