The Honourable Joan Burke, Minister of Education, said today that school districts must ensure a formal appeals mechanism is available and understood across the education system and that all parents and guardians are entitled to such a mechanism.

"It has become abundantly clear that there is a lack of understanding and awareness at all levels of the education system of the legislation that currently exists regarding appeals and how it can and should be applied at the school and district levels," said Minister Burke. "I have held discussions with the school districts on this matter and have directed them to take immediate action to ensure parents and guardians have access to an appeal process that is open, transparent and binding. It has always been my view that parents must have a professional, formal procedure to appeal decisions at the school, district and board levels and I have not wavered from this belief."

In December 2007, the Provincial Government released the ISSP and Pathways Commission Report, Focusing on Students, a review of the delivery of student support services in the K-12 system. "We have accepted and are moving forward on 70 of the 75 recommendations brought forward by the commission," said Minister Burke. "There can be no stronger indication of my commitment to address systemic issues and make sweeping changes to the way student support services are delivered. Let me be very clear that this includes an improved and effective appeals process for parents and guardians."

The Schools Act, 1997, section 22 (1) speaks to the right of a parent or guardian to an appeal. Each of the province�s five school districts has the authority to develop by-laws regarding appeals. "I acknowledge and respect the recommendation of the ISSP and Pathways report to develop an effective appeals process for families which reflects the principles of due process. This is not a new issue to me as minister. The need for a formalized process was brought to the attention of school districts as part of changes to the allocation of student assistants. I have directed the school districts to review the Schools Act, to review their by-laws, and to consult with those who have concerns about the current process. The result must be a formalized, professional process that provides parents and guardians with an effective mechanism to appeal decisions at each level of the system, be it the school administration, the district office or the school board."

Minister Burke noted that the right to appeal is already addressed in legislation, therefore it is not necessary to develop another process. "It is, however, necessary for our school districts to take steps to ensure they have a process that includes documentation, is fair and effective and that parents and guardians are fully aware of the appeals options that are available to them. It is also important that teachers, administrators, district staff and board members fully understand the process and communicate it to parents and guardians. This should not be an adversarial process, but one that gives all individuals an opportunity to express their views in an open and respectful manner."

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