within 15 days of receipt of the Statement of Decision).^102 If a second meeting is
requested, but no resolution is achieved, then parents have a further 15 days
from their receipt of the IPRC’s written notice following the second meeting, to file
a notice of appeal.^103 This appeal is to the Special Education Appeal Board
(SEAB), a panel consisting of one member chosen by the school board, one
chosen by the parent/pupil and a chair jointly selected by both members.^104
SEAB’s jurisdiction is only to make recommendations to the school board with
regards to placement and/or identification, and must provide its reasons in
writing.^105
When calculating timeframes and limitation periods, there have been inconsistent
practices by school boards. The calculation of time can become an important
element when considering options as to the most appropriate legal recourse
available to a student and when to advise appealing, requesting an IPRC or
reconvening. The time frames set out in Regulation 181/98 rely on the calculation
of “school days”^106 and “days”. While time limits related to IEPs mostly refer to
“school days”, the calculation of time concerning IPRC appeals is based on the
counting of “days”, not school days. The counting of “days” refers to calendar
days, thus including Saturdays and Sundays. However, if a time limit ends on a
weekend or school holiday as defined by Regulation, the deadline is extended to
the first school day after that holiday. Regulation 304 defines holidays but does
not include summer as holidays.^107 Therefore, it is ARCH’s interpretation that
when calculating ‘days’, time continues to be calculated during the summer
months.
III. IPRC Appeals to the OSET
(^102) IPRC Reg., supra note 9, ss 19, 24, 26 (2)(3).
(^103) IPRC Reg., supra note 9, s 26 (2)(3).
(^104) IPRC Reg., supra note 9, s 27.
(^105) IPRC Reg., supra note 9, ss 28(6), 29.
(^106) Education Act, supra note 3, s 1(1) defines “’school day’ as “a day that is within a school year
and is not a school holiday 107 ”
School Year Calendar, Professional Activity Days, RRO 1990, Reg 304, s 2(4).