What kinds of decisions can be appealed?
The following types of decisions can be appealed under the formal appeals process:
- disciplinary suspension or expulsion from school;
- the transfer of a student from one school to another;
- the exclusion of a student from school;
- significant decisions regarding educational programming;
- grade promotion, retention, or graduation
Where a decision affects a student, the parent/guardian of the student or the student, if the student is 19 years of age or older, may appeal the decision. Where a decision affects an employee or other stakeholder, that party may appeal the decision.
How do I file an appeal?
All appeals shall be made in writing by completing a Notice of Appeal form which is available at your school or online: www.esdnl.ca. The form will ask for basic information about the decision you want to challenge, the reasons why you feel an appeal is necessary, what you would like to happen, and to whom you are directing the appeal.
To whom do I send the appeal?
Student appeals must be submitted to the school principal first.
Is there a deadline for filing appeals?
An appeal affecting a student must be commenced within 15 days from the date that the parent/guardian or student is informed of the decision.
How long does it take for an appeal to be reviewed?
Appeal investigations and decisions/ responses are to be completed in a timely fashion. An appeal to the principal, regarding a decision of an employee in the school shall be heard within five working days of the appeal being received by the principal. If an appeal cannot be heard within this timeframe for reasonable cause, the cause shall be communicated to the parent or student and the appeal shall be heard as quickly as possible thereafter.
How am I notified of an appeal decision?
Appeal decisions are to be provided in writing to both the appellant and the school employee and must include the rationale for the decision. The principal shall convey the decision on the appeal within a period of three working days from the date of a decision on the appeal to the person making the appeal.
What can I do if I am not satisfied with an appeal decision?
Appellants who are dissatisfied with an appeal decision at the school level, and who feel that they have grounds to have this decision reversed, may choose to further appeal within 15 days from the date that the parent/guardian or student is informed of the decision.
Appeals concerning the decision of a Principal will be referred to the school's designated Senior Education Officer whose role is to mediate parents' concerns. If still unresolved, parents/guardians can appeal to the CEO/Director of Education.
The decision of the CEO/Director of Education can be further appealed to the Executive Committee of the School Board. However, a decision by the Board is final.
Appeal investigations and decisions/ responses are to be completed in a timely fashion, not to exceed seven working days, unless appellants are notified in writing of the need for an extension.
Are there any exceptions to the District's appeals process?
The appeals process concerning student expulsion is governed by Section 37 of the Schools' Act (1997), which supersedes this policy.
Where appeals are governed by the labour relations forum, via articles or conditions of a collective agreement, that forum shall be deemed to have precedence, and the District's appeals process will not be applicable.
Dr. Albert Trask
Assistant Director of Education
Rural Education and Corporate Services
Eastern School District
Suite 601 Atlantic Place
215 Water Street, Box 64-66
St. John's, NL · A1C 6C9
Telephone: 758-2341
