FAQ
Q: I recently learned that my child was suspended from school. Can I apply to the Child and Family Services Review Board for an appeal of the principal’s decision to suspend my child?
A: No. The Child and Family Services Review Board does not hear appeals where a child was suspended from school. Suspensions may be appealed to the school board.
Q: The school board issued me a notice over 30 days ago that it is expelling my child. Can I still apply to the Child and Family Services Review Board?
A: Yes, the Board may extend the time period for filing the application, if it is satisfied that there are reasonable grounds for the extension.
Q: How will I know if the Child and Family Services Review Board received my Application to Appeal a School Board Expulsion Decision?
A: The Child and Family Services Review Board will acknowledge receipt of your application in writing and will provide a copy of the Board’s Rules of Procedure.
Q: Are there any documents that should be included with my Application to Appeal a School Board Expulsion Decision?
A: Yes, a copy of the school board’s decision to expel and your response to the principal’s report, if any should be included with your application. The principal’s report recommending the expulsion will be provided to the Board by the school board.
Q: How long will it take for the Child and Family Services Review Board to render its final decision regarding my application?
A: The Child and Family Services Review Board will issue its decision within 10 days of the hearing. Written reasons for the Board’s decision will be provided within 30 days of the completion of the hearing.
Q: Will the school board be informed of my application to the Child and Family Services Review Board?
A: Yes. The Child and Family Services Review Board will send a copy of the application to the appropriate school board.
Q: Where will the hearing be held?
A: Whenever possible, the Child and Family Services Review Board will arrange for the hearing to take place in a location that is convenient for all parties.
Q: How will a person communicate with the Child and Family Services Review Board if he/she does not speak English or French?
A: If the person who appealed the decision to expel the student (“the applicant”) or a witness at the hearing does not speak English or French, the Child and Family Services Review Board will make a translator/interpreter available.
Q: Who may attend a hearing?
A: The school board and the person who appealed the decision to expel the student.
A student who is not a party to the expulsion hearing has the right to be present at the hearing and to make a statement on his or her own behalf.
Q: Can a person have legal representation at the hearing?
A: Yes. Both the applicant (student or parent/guardian) and the school board may have a lawyer to represent them.
Q: What if a person cannot afford a lawyer, is there a place where he or she can get legal assistance?
A: Yes. The Child Advocacy Project or Legal Aid of Ontario may be able to assist you. The Child Advocacy Project can be contacted at 416-977-4448 Ext. 222, 1-866-466-7256 or www.childadvocacy.ca; or your local Legal Aid Ontario office can be contacted or you may contact 416-204-5391, 1-800-668-8258 or www.legalaid.on.ca to determine if you are eligible for assistance.
Q: What if a person is not represented by legal counsel?
A: The Board Member presiding over the hearing will make every effort to ensure that the person has equal opportunity to present his/her position. The Board will ensure that the process is fair and impartial.
Q: Is there financial support to assist individuals with travel or babysitting costs so that he/she may attend the hearing?
A: No. The Child and Family Services Review Board recognizes the challenges presented to those applying to the Board. The Board will make every effort to reduce these challenges by holding hearings at times and in locations that are convenient for all parties attending the hearing.
Q: How will the Child and Family Services Review Board communicate its decision?
A: The Child and Family Services Review Board will issue its decision in writing to the parties. Decisions are sent to all parties via courier or fax.
Q: Is the decision of the Child and Family Services Review Board binding?
A: The parties to the hearing must comply with the decision of the Child and Family Services Review Board.
Q: Is there an appeal of the Board’s decision?
A: No, the decision of the Child and Family Services Review Board cannot be appealed. The only way to challenge a Board decision is to judicially review the decision. You may wish to seek legal advice if you want to pursue a judicial review.