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.
(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 FOR ALL CASES.
Also, even if you should, file a HRT complaint anyways. It takes a year. You can withdraw at anytime. If your issues get resolved by the Section 11 then great. Withdraw your HR complaint. If they don’t, you are better off because the wait time through the BC HRT process is very long and you don’t risk filing late and having to submit a timeliness complaint.
Each school will have a form that you will need to complete and give to the Secretary-Treasurer of the school.
You will be invited to present your case to the Board of Education
Typically you will have 20 min. The school district will then have 20 min. Then 20 min for questioning.
Here are some recommendations for presenting your material
- Present in chronological order
- Be specific and provide evidence
- Tell them the harm the child has experienced
- Identify the barriers the child is facing. (Accessibility Act, schools need to remove barriers)
Here is a practice and procedural booklet – 18 pages.
Here is an Ombudsperson BC decision regarding the option of bringing advocates with you.
Topic: Advocates at Section 11 Appeals meeting