Parents
Ontario Special Education Tribunal

The Ontario Special Education Tribunals are independent adjudicative agencies that hear appeals regarding the identification of exceptional pupils and/or the placement of exceptional pupils in special education programs and render decisions.

Regulation 181/98: Identification and Placement of Exceptional Pupils sets out the process for identification and placement of exceptional students. In circumstances where parents, guardians or adult pupils (age 18 or over) cannot reach agreement with school boards, they are encouraged to use non-adversarial dispute resolution methods wherever possible. The Ministry of Education provides a resource about Resolving Identification and Placement Issues.

An example of one decision:

"The Tribunal accepts that these may be valid disagreements, but notes that  such matters as class size, the characteristics of other students, the qualifications of teachers, the intensity of the programming provided to her child (one to one support), the type of technology, etc., described in her exhibit called Placement Needs, are deemed to be outside the jurisdiction of the Tribunal.


Placement, which is not defined in the Education Act, is intertwined with
programs and services.

Therefore, when parents are in disagreement with placement, it is important that they state the grounds for their dissatisfaction clearly and specify the remedy that they are seeking. However, when the parents' dissatisfaction is primarily or exclusively focused on such matters as programming, services, class size, the provision of educational assistant support, staff qualifications, and so on, parents cannot expect the Tribunal to issue orders on these, because it does not have jurisdiction to do so."

To read more of the Tribunal's decisions, go to: http://oset-tedo.ca./eng/decisions.html