Information Sheet: Role of the Student

(Disponible en français)

Introduction

Parties may wish to call the student to testify, or parents may want the student to attend the hearing as an observer and/or to meet the panel members.

Questions and Answers

Can a student attend the mediation or hearing?

Students generally do not attend OSET mediations or hearings. However, they may attend the hearing if the parent or the board requests it. Before the hearing starts, the parties should discuss with the panel chair:

• the purpose of the student's presence
• how the student will participate
• whether the student will be present for part or all of the hearing

What should parents consider when deciding whether to bring the student to the hearing?

Before deciding whether to bring the student to the hearing, parents should determine the purpose of having the student attend. These reasons could include:

• to observe the hearing
• so the panel can meet the student
• to serve as a witness and give evidence

If the student is called as a witness by the parents, the student will be sworn in as a witness and may be questioned by the board or its representative as well as the panel. The student may express an opinion as to which placement and what special education services and programs he or she would prefer.

Hearings can be long and complicated, and may be stressful. Age and attention span are factors that should influence the parents' decision to bring the student to observe a hearing.

Can a student decide to be a witness without parental approval?

A student who is 16 years or older is entitled to decide whether to appear as a witness without parental approval.

How can parents prepare the student for attending a hearing?

It is important that the parents talk to the student about the hearing, including:

• why the hearing is being held
• what the tribunal is doing and why
• what kind of behaviour is expected at a hearing
• how much time it might take
• who will be at the hearing
• where the parents will sit
• where the student and the support person (if any) will sit
• where the student will sit to testify

Depending on the student's age and attention span, parents should consider bringing another adult to the hearing to support the student. It may be particularly helpful to have a support person if the student is called as a witness. The parent who presents the case to the tribunal or is engaged in instructing a representative cannot act as a support person.

Consider allowing the student to visit the hearing room in advance. Contact the OSET to request access to the hearing room. If the student requires any accommodations at the hearing, parents should inform the OSET so that arrangements can be made in advance.

If the OSET asks for the student to attend the hearing, arrangements will usually be made in co-operation with the parents.

How can a student prepare to be a witness?

Parents should provide the student with advice on how to be a witness, including encouraging him or her to do the following:

• Speak loudly so everyone can hear
• Hold your head up, so people can hear you and can see you
• Speak directly to the panel
• Remain as focused and calm as possible
• Tell the panel chair if you need something
• Always tell the truth
• Do not be afraid to say “I'm not sure” or “I don't know”, if you are asked a question to which you don't know or are not sure about the answer
• If you do not understand the question that you are asked, say so
• Be yourself

See also: Practice Direction: Student as a Witness