Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 51, No. 3

B.C. Reg. 24/2008

The British Columbia Gazette,

Part II

February 12, 2008

B.C. Reg. 24/2008, deposited February 4, 2008, pursuant to the ATTORNEY GENERAL STATUTES AMENDMENT ACT, 2007, [Section 228], the SCHOOL ACT , [Section 175 (2)] and the SCHOOL (STUDENT ACHIEVEMENT ENABLING) AMENDMENT ACT, 2007, [Section 50]. Order in Council 61/2008, approved and ordered February 1, 2008.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective March 3, 2008,

(

a) the following provisions of the School (Student Achievement Enabling) Amendment Act, 2007 , S.B.C. 2007, c. 29, are brought into force:

(

i) sections 6, 7 and 32;

(ii)

section 42, insofar as it enacts paragraph (

r) of

section 175 (2) of the School Act , R.S.B.C. 1996, c. 412,

(

b) section 61 of the Attorney General Statutes Amendment Act , 2007, S.B.C. 2007, c. 14, is brought into force, and

(

c) the attached regulation is made.

APPEALS REGULATION

Definitions

1 In this regulation:

"Act" means the School Act ;

"individual education plan" has the same meaning as "IEP" in the Individual Education Plan Order;

"Individual Education Plan Order" means Ministerial Order 638/95;

"Special Needs Students Order" means Ministerial Order 150/89;

"student with special needs" has the same meaning as in the Special Needs Students Order.

Grounds for appeal

(1) Subject to

section 3, a student or parent of a student may appeal the following:

(

a) a decision made by a board of education under

section 11 (6) of the Act only if the decision is a decision of an employee of the board that significantly affects the education, health or safety of a student and relates to a matter set out in subsection (2);

(

b) a reconsideration made by a board of education under

section 11.5 of the Act, only if the reconsideration relates to a matter set out in subsection (2).

(2) A decision or reconsideration of a board of education may be appealed if the decision or reconsideration

(

a) relates to the student's expulsion from an educational program,

(

b) relates to the student's suspension from an educational program,

(

c) relates to the student's suspension from an educational program, if no other educational program is provided by the board,

(

d) requires the student, as a disciplinary measure, to complete all or part of an educational program by distributed learning, despite the fact that all or part of the educational program and space and facilities for the student are available in a school, other than a distributed learning school, in the board's school district,

(

e) determines that it is not necessary to provide a student with an individual education plan because

(

i) the student is not a student with special needs, or

(ii) an exception under

section 2 (2) of the Individual Education Plan Order applies to the student,

(

f) relates to either of the following requirements:

(

i) under the Special Needs Students Order, to offer to consult with a parent of a student with special needs regarding the placement of the student in an educational program;

(ii) under the Individual Education Plan Order, to offer to consult with a parent of the student and, if appropriate, with the student, about the preparation of the student's individual education plan,

(

g) relates to a complaint by the student or the parent of the student, against another student, respecting intimidation, bullying, harassment of or use or threat of use of weapons or other forms of violence against the student by that other student, or

(

h) relates to a removal or exclusion of the student under

section 91 (5) (

b) of the Act.

Limitation — allocation of resources

3 A student or parent may appeal a decision or reconsideration respecting the allocation of resources to the student's educational program only to the extent that the decision or reconsideration relates to the application of the board's financial hardship policy, established under

section 82.4 of the Act, to the student.

— S. BOND, Minister of Education and Deputy Premier and Minister Responsible for Early Learning and Literacy; G. CAMPBELL, Presiding Member of the Executive Council.

Copyright © 2008: Queen's Printer, Victoria, British Columbia, Canada