Pursuant to s. 57(3) of the Education Act, parents who have exhausted all rights
of appeal may appeal an IPRC decision to the Ontario Special Education
Tribunal (OSET). The OSET can either dismiss an appeal or grant the appeal
and “make such order as it considers necessary with respect to the identification
or placement.”^108 Appeals before the OSET are considered as hearings de novo
and the OSET decisions are final and binding.^109
The OSET offers mediation to parties of an appeal at no cost. The mediation is
conducted by a Tribunal member other than the member conducting the hearing
on appeal.^110
The OSET has developed a series of Information Sheets providing information
on a number of practice issues. These materials, as well as the OSET’s Rules of
Procedure, and the Tribunal’s decisions can all be accessed via the Tribunal’s
website.^111 The OSET is now part of the newly formed Social Justice Tribunals
Ontario (SJTO), along with the Human Rights Tribunal of Ontario, thus it is
important to ensure that you are aware of any information or direction released
by the SJTO as it impacts the OSET.^112
The Education Act limits the OSET’s jurisdiction to deciding matters related to
identification and/or placement.^113 It is clear from the Education Act, and OSET
decisions such as W.F. v The Ottawa Catholic School Board^114 that the Tribunal
does not have jurisdiction to deal with cases and make orders related solely to
programming, services and accommodation issues. The OSET may, however,
make recommendations on programming, services and accommodations.
(^108) Education Act, supra note 3, s 57(4).
(^109) Education Act, supra note 3, s 57(5).
(^110) Ontario Special Education Tribunal, Rules of Procedure, January 2011, Rule 9.1, online: OSET
< http://www.oset-tedo.ca/eng/pdfs/rules.pdf>. See also the Ontario Special Education Tribunal
Practice Direction 111 – Mediation online: OSET < http://www.oset-tedo.ca/eng/pdfs/mediation.pdf>.
112 Online: Ontario Special Education Tribunal http://www.oset-tedo.ca
113 Online: Social Justice Tribunals Ontario < http://www.sjto.gov.on.ca/english/default.html>.^
114 Education Act, supra note 3, s 57(3)-(4).^
OSET File No. 2008- 02 , (May 26, 2008) at 13, online: OSET http://www.oset-
tedo.ca/eng/pdfs/may262008.pdf.