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Education Appeal Tribunal

Authority and Role

The Education Appeal Tribunal is a statutory body created by section 157 of the Education Act. The Tribunal functions as a board independently of the Government. It can deal with appeals arising from departmental, school or school council decisions. This includes decisions such as those on special needs students, suspensions, student records and locally developed courses of study. Specific applications to a special needs student are set out in section 17 and section 161 of the Act.

The Tribunal consists of a Chair, a Secretary and a maximum of nine other members, all who have sworn an oath of non-disclosure in the prescribed form for information gained during an appeal.

Education Appeal Tribunal

Background

The Education Appeal Tribunal is a quasi-judicial body established by the Education Act to hear appeals on issues related to decisions made by the department, school councils or schools. 

Powers of the EAT (Sec. 161)

The Education Appeal Tribunal, in deciding a matter being appealed, may make an order doing one or more of the following:

(a) confirming or varying the decision that is under appeal;

(b) identifying a student as a student with special educational needs;

(c) directing a School Board or the deputy minister to implement an Individualized
Education Plan in a particular environment including, but not limited to, a regular class;

(d) directing a School Board or the deputy minister to enroll a student in a school
named by the Education Appeal Tribunal;

(e) determining that an Individualized Education Plan be prepared for a student;

(f) apportioning the cost of providing the services required for an Individualized
Education Plan to a School Board, the department, or any other department of the Government of the Yukon;

(g) directing a determination to be made in accordance with section 16;

(h) defining the contents of a student record when the appeal under consideration is pursuant to section 20;

(i) reinstating to school a student who has been placed on an indefinite suspension by a School Board, Council or superintendent pursuant to section 41; and;

(j) approving a proposal for a locally developed course if the appeal is pursuant to subsection 43(3).

Matters to be considered (Section 162)

The Education Appeal Tribunal shall consider:

(a) the educational interests of the student who is the subject of the appeal;

(b) the impact of a decision on the total population of students served; and

(c) any other factor that appears to be relevant to the matter in dispute.

Advertisements for the EAT list a phone number and a post office box as a contact. The secretary to the Tribunal checks the voice mail and post box daily to receive these calls. Upon receipt of a call, the secretary generally gathers the information and refers the matter to the chair.

The Chair coordinates any required meetings and gathers facts around the complaint. Over time, the chair has proceeded to attempt to resolve issues through informal mediation and over the past decade, most issues have been resolved this way, and that is in part, why no issues have proceeded to a formal complaint.

There are no guidelines in place yet, though some are being developed, to guide the process for informal resolution of matters. Formal guidelines are in place to guide a formal hearing once an appeal is in place. 

Appeal Hearings

Pursuant to the legislation, a student or a parent of a student may appeal to the Education Appeal Tribunal within 14 days of receipt of a decision by a school board, council or superintendent.  Hearings can be heard in any place or community in Yukon. 

Prior to bringing the matter before the Tribunal for appeal, the Chair has the authority (s. 159) to appoint a mediator to attempt to settle the matter.  The mediation process leaves the door open throughout for possible resolution of some or all of the outstanding issues in a way that meets the interests of all parties involved.  A mediated solution is adopted by the Tribunal and filed as an order with the Clerk of the Supreme Court in the same way that a decision of a formal hearing is filed.  If, however, the parties are unable to come to mutually accepted terms or conditions, a hearing will commence.

In considering a matter at a hearing, the Education Appeal Tribunal has the authority to make any investigation it considers necessary in order to render a decision.  An order of the Tribunal must fall within a number of guidelines outlined in sections 161 and 162 of the Education Act.  Once an order is complete, it is filed with the Clerk of the Supreme Court as an order of the

Education Appeal Tribunal.  All decisions of the Tribunal are final and binding upon the parties.

Final decision (Section 163)

The decision of the Education Appeal Tribunal shall be final and binds the parties to any such decision.

Enforcement of order (Section 164)

(1) A copy of an order made by the Education Appeal Tribunal shall be filed with
the clerk of the Supreme Court.

(2) On the filing of a copy of an order with the clerk of the Supreme Court, the order has the same force and effect as if the order were an
order of that Court.

Copy to the Minister (section 165)

A copy of each decision of the Education Appeal Tribunal shall be sent to the
Minister.

The Education Appeal Tribunal has statutory authority to hear appeals pursuant to section 157 of the Education Act.  The Tribunal functions as a quasi-judicial board and operates at ‘arms length’ from the government.  Pursuant to the legislation, the Tribunal can hear appeals in four areas: 

1. Special Needs (section 17.1)
2. Student Records (section 20.6)
3. Suspensions (section 41.7)
4. Locally Developed Course of Study (section 43.5)

Education Appeal Tribunal Chair: Barb Evans
 
Education Appeal Tribunal Proceedures and Operations 

• Last Updated: 4/9/2010 |
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