AP 173: Hearings Regarding Complex Matters
Administration of Policy and Legislation
Background
The Superintendent recognizes that situations may arise where custodial parents may disagree about educational matters, or where Custody and Access Orders are non-existent, ambiguous or conflicting concerning educational decision-making for students. In such cases, it is essential to have a clear and fair process to resolve these disputes, ensuring decisions are made in the best interest of the student and within the Division's jurisdiction as outlined in the Education Act.
Procedures
1. A parent or guardian may submit a written request to the Superintendent, detailing the specific custodial matter in dispute and, if available, providing relevant Custody and Access Orders.
2. Upon receipt of the request, the Superintendent or designate shall review the submission to confirm that the dispute pertains to educational matters within the Division's jurisdiction and for which the custodial document is neutral or vague.
3. The Superintendent shall appoint a Hearing Chair, typically the Deputy Superintendent or an Associate Superintendent, who possesses the requisite skills and training to manage the hearing process effectively.
4. The Hearing Chair shall notify all involved parties in writing, outlining:
4.1. The nature of the dispute;
4.2. The hearing process and procedures; and
4.3. The scheduled dates and times for the hearings.
5. Given the potential contentiousness of disputes, the Hearing Chair may, upon request by either party, conduct separate hearings for each party (e.g., appellant and respondent) to present their cases individually, notably
5.1. Each party shall have the opportunity to present their perspective on the educational decision in question;
5.2. Each party shall have the opportunity to submit relevant documents, including Custody and Access Orders; and
6. If both parties agree to a joint hearing, the Hearing Chair shall clarify that there are no opportunities for cross-examination between parties.
6.1. All questions and responses shall be directed through the Chair.
7. At the conclusion of the Hearing, the Chair shall retire to consider a determination based on the following:
7.1. The full extent of the information provided by both parties;
7.2. The best interest of the student, based on the Chair’s professional perspective;
7.3. The Division’s policies and procedures; and
7.4. Relevant legal frameworks, including the Education Act, the Family Law Act, the Divorce Act, and any other acts, regulations, or legislation.
8. The Hearing Chair shall issue a written decision to all parties within a reasonable period of time, including:
8.1. The determination made; and
8.2. The rationale for the decision.
9. The Superintendent acknowledges that while its determinations shall be binding within the Division, parties retain the right to seek further resolution through the provincial court system, whose decisions shall supersede the Division’s determination.
10. The Hearing Chair shall ensure that all records related to the hearing(s) are maintained securely to ensure confidentiality, and in accordance with applicable legislation.
11. The Hearing shall align with the Division’s existing dispute resolution procedures, mainly, AP 170: Dispute Resolution Regarding Student Matters and AP 172: Appeal Process Regarding Student Matters.
12. The Superintendent and or designate Chair reserves the right to engage with legal counsel for any purpose, including to assess its authority to interpret or make specific determinations on Custody and Access Orders, ensuring compliance with the Canadian Divorce Act, the Alberta Family Law Act, and the Education Act.
Approved:
