Education Appeal Tribunal

Authority and Role

The Education Appeal Tribunal is a statutory body created by section 157 of the Education Act. The Tribunal functions as a board independently of the Government. It can deal with appeals arising from departmental, school or school council decisions. This includes decisions such as those on special needs students, suspensions, student records and locally developed courses of study. Specific applications to a special needs student are set out in section 17 and section 161 of the Act.

The Tribunal consists of a Chair, a Secretary and a maximum of nine other members, all who have sworn an oath of non-disclosure in the prescribed form for information gained during an appeal.

Appeal Hearings

• A student or a parent of a student may appeal to the Education Appeal Tribunal within 14 days of receipt of a decision by a School Board, Council or superintendent.
• In considering the matter being appealed, the Education Appeal Tribunal may make any investigation it considers necessary, as stated in section 160 (1).
• Appeals to the Education Appeal Tribunal may be heard in any place or community.
• Hearing Procedures for a formal hearing were approved y the Minister of Education pursuant to Section 307 (1) of the Education Act.
• Hearings can also be held on a much less formal basis. Under section 159 of the Act, the Tribunal Chair is given the authority to appoint a mediator to attempt to settle a matter prior to the consideration of the appeal by the Tribunal. Mediation attempts will focus on positive interaction between the parties, rather than being adversarial. The process leaves the door open throughout for possible resolution of some or all of the outstanding issues in a way that meets the interests of each of the parties involved. A mediated solution is adopted by the Tribunal and filed as an order with the Clerk of the Supreme Court in the same way that a decision of a formal hearing is filed. If, however, the parties seem unable to come to mutually acceptable terms or conditions, then the Tribunal makes recommendations based on information shared at the hearing to try to address the issues raised by the parties. These recommendations must fall within the guidelines of sections 161 and 162 of the Act and shall be filed with the Clerk of the Supreme Court as orders from the Tribunal.
• The decision of the Education Appeal Tribunal shall be final and binding upon the parties to any such decision.

Appeal Hearing Procedures

A complete description of the powers and duties of the Education Appeal Tribunal may be found in the Education Act Section 157-165.

Education Act Tribunal
c/o Rose Rowlands, Chair
Box 31689
Whitehorse, Yukon
Canada Y1A 6L3

Phone: (867) 667-5900

rowland@kdfn.yk.ca