Law, rules and decisions

Legislation and regulation

The Education Act and its regulations address the identification or placement of students with exceptional learning needs:

• Regulation 181/98: Identification and Placement of Exceptional Pupils
  Governs the identification and placement of exceptional pupils, Identification, Placement and Review Committee (IPRC) reviews, appeal procedures, and the role of parent(s)/guardian(s) in these processes.
  See also: Highlights of Regulation 181/98
• Regulation 306: Special Education Programs and Services
  Defines the requirement for each school board to maintain a special education plan for the delivery of special education programs and services, and sets out the authority for the Minister of Education to require a school board to amend its plan if necessary.
• Regulation 464/97: Special Education Advisory Committees
  Sets out requirements for school board Special Education Advisory Committees, such as their role, membership, and scope of activities.

The Statutory Powers Procedures Act provides a general framework for the conduct of hearings before all Ontario’s administrative tribunals.

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Rules of procedure

There are two parts to the rules that govern the procedures of the OSET. Part I is the Social Justice Tribunals Ontario (SJTO) Common Rules and Part II is the OSET specific rules. Both parts should be read together.

• OSET Rules of Procedure

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Practice Directions

Practice directions support the rules of procedure and provide guidance about what the OSET expects of the parties and what the parties can expect of the OSET.

Practice Direction on Representation Before Social Justice Tribunals Ontario

The Practice Direction on Representation before Social Justice Tribunals Ontario discusses the representation of parties before the tribunals and boards of the SJTO, including who can represent a party and the obligations of representatives.

Practice Direction on Consent Orders

The Practice Direction on Consent Orders provides guidelines for the issuing of consent orders and explains how the OSET addresses a settlement agreement.

Practice Direction on Seized Cases

The Practice Direction on Seized Cases describes the procedures for the OSET remaining seized over the implementation of a decision.

Practice Direction on Procedure for Issuing a Summons to a Witness

The Practice Direction on Procedure for Issuing a Summons to a Witness sets out procedures and describes what happens when a party has decided to have a witness summoned.

Practice Direction on Student as a Witness

The Practice Direction on Student as a Witness assists the parents and the school board in deciding whether or not to call the student as a witness at the hearing.

Practice Direction on Mediation

The Practice Direction on Mediation describes the rules and procedures of the mediation process.

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Decisions

To read decisions of the OSET, visit the Canadian Legal Information Institute (CanLII). CanLII is a non-profit organization that makes Canadian law accessible for free on the Internet.

For process-related information about decisions, including what to do if you disagree with your OSET decision, see after the hearing.