5

1. A parent of a pupil and, where the pupil is 16 years of age or older, the pupil, are entitled:
   1. to be present at and participate in all committee discussions about the pupil; and
   2. to be present when the committee’s identification and placement decisions are made. O. Reg. 181/98, s. 5 (1).
2. A parent of a pupil and, where the pupil is 16 years of age or older, the pupil, are entitled to be present at and participate in all discussions about the pupil at the meeting held by the special education appeal board under section 28. O. Reg. 181/98, s. 5 (2).
3. A person who has a right under subsection (1) or (2) to participate in a discussion also has the right to have a representative present at the discussion, to speak on behalf of the person or otherwise support the person. O. Reg. 181/98, s. 5 (3).
4. A person who has a right under clause (1)(b) to be present also has the right to have a representative present to support the person. O. Reg. 181/98, s. 5 (4).
5. At least 10 days in advance of a meeting of a committee or special education appeal board, the chair of the committee or board shall give written notice of the time and place of the meeting to a parent of the pupil and, where the pupil is 16 years of age or older, the pupil. O. Reg. 181/98, s. 5 (5).

6

2. The board shall promptly notify the principal of the school at which the special education program is to be provided of the need to develop an individual education plan for the pupil in consultation with the parent and, where the pupil is 16 years of age or older, the pupil. O. Reg. 181/98, s. 6 (2).
3. The individual education plan must include:
   1. specific educational expectations for the pupil;
   2. an outline of the special education program and services to be received by the pupil; and
   3. a statement of the methods by which the pupil’s progress will be reviewed. O. Reg. 181/98, s. 6 (3).
4. Where the pupil is 14 years of age or older, the individual education plan must also include a plan for transition to appropriate post-secondary school activities, such as work, further education and community living. O. Reg. 181/98, s. 6 (4).
5. In developing the individual education plan, the principal shall:
   1. consult with the parent and, where the pupil is 16 years of age or older, the pupil; and
   2. take into consideration any recommendations made by the committee or the Special Education Tribunal, as the case may be, regarding special education programs or special education services. O. Reg. 181/98, s. 6 (6).
6. In developing a transition plan under subsection (4), the principal shall consult with such community agencies and post-secondary educational institutions as he or she considers appropriate. O. Reg. 181/98, s. 6 (7).
7. Within 30 school days after placement of the pupil in the program, the principal shall ensure that the plan is completed and a copy of it sent to a parent of the pupil and, where the pupil is 16 years of age or older, the pupil. O. Reg. 181/98, s. 6 (8); O. Reg. 137/01, s. 1.

7

2. The board shall promptly notify the principal of the school at which the special education program is to be provided of the need to review the pupil’s individual education plan to determine whether it needs to be updated. O. Reg. 181/98, s. 7 (2).
3. In reviewing the plan, the principal shall:
   1. consult with the parent and, where the pupil is 16 years of age or older, the pupil; and
   2. take into consideration any recommendations of the committee or the Special Education Tribunal, as the case may be, regarding special education programs or special education services. O. Reg. 181/98, s. 7 (3).

13

1. Each board shall prepare a guide for the use and information of parents and pupils that:
   1. explains the function of a committee on a referral under Part IV and on a review under Part V;
   2. outlines the procedures set out in this Regulation or established under section 12 that a committee must follow in identifying a pupil as exceptional and in deciding the pupil’s placement;
   3. explains the committee’s duty to describe pupils’ strengths and needs and to include, in its statements of decision, the categories and definitions of any exceptionalities it identifies;
   4. explains the function of a special education appeal board under Part VI and the right of parents to appeal committee decisions to it;
   5. lists the parent organizations that are, to the best of the board’s knowledge, local associations of the board, within the meaning of Ontario Regulation 464/97;
   6. includes the names, addresses and telephone numbers of the provincial and demonstration schools in Ontario;
   7. indicates the extent to which the board provides special education programs and special education services and the extent to which it purchases those programs and services from another board;
   8. explains that no committee placement decision can be implemented unless:
      1. a parent has consented to the decision, or
      2. the time limit for filing a notice of appeal in respect of the decision has expired and no such notice has been filed. O. Reg. 181/98, s. 13 (1).
2. The board shall ensure that copies of the guide are available at each school in the board’s jurisdiction and at the board’s head office and shall provide a copy to the appropriate regional office of the Ministry. O. Reg. 181/98, s. 13 (2); O. Reg. 402/05, s. 1.
3. The board shall, at the request of a parent or pupil, provide the parent or pupil with a guide in a braille, large print or audio-cassette format. O. Reg. 181/98, s. 13 (3).

14

1. The principal of the school at which a pupil is enrolled,
   1. may on written notice to a parent of the pupil; and
   2. shall at the written request of a parent of the pupil,

   refer the pupil to a committee established by the board, for a decision as to whether the pupil should be identified as an exceptional pupil and, if so, what the placement of the pupil should be. O. Reg. 181/98, s. 14 (1).

17

1. When making a placement decision on a referral under section 14, the committee shall, before considering the option of placement in a special education class, consider whether placement in a regular class, with appropriate special education services:
   1. would meet the pupil’s needs; and
   2. is consistent with parental preferences. O. Reg. 181/98, s. 17 (1).
2. If, after considering all of the information obtained by it or submitted to it under section 15 that it considers relevant, the committee is satisfied that placement in a regular class would meet the pupil’s needs and is consistent with parental preferences, the committee shall decide in favour of placement in a regular class. O. Reg. 181/98, s. 17 (2).

18

1. As soon as possible after making its decisions on a referral under section 14, the chair of the committee shall send a written statement of decision to:
   1. a parent of the pupil;
   2. the pupil, where the pupil is 16 years of age or older;
   3. the principal who made the referral, where the referral was made by a principal; and
   4. the designated representative of the board that established the committee. O. Reg. 181/98, s. 18 (1).
2. In the case of a referral by a principal under subsection 14 (1), the statement of decision shall:
   1. state whether the committee has identified the pupil as an exceptional pupil;
   2. where the committee has identified the pupil as an exceptional pupil, include:
      1. the committee’s description of the pupil’s strengths and needs,
      2. the categories and definitions of any exceptionalities identified by the committee,
      3. the committee’s placement decision, and
      4. the committee’s recommendation under subsection 16 (2), if any;
   3. where the committee has decided that the pupil should be placed in a special education class, state the reasons for that decision. O. Reg. 181/98, s. 18 (2).
3. In the case of a referral by a designated representative under subsection 14 (3), the statement of decision shall:
   1. include:
      1. the committee’s description of the pupil’s strengths and needs,
      2. the categories and definitions of any exceptionalities identified by the committee,
      3. the committee’s placement decision, and
      4. the committee’s recommendation under subsection 16 (2), if any;
   2. where the committee has decided that the pupil should be placed in a special education class, state the reasons for that decision. O. Reg. 181/98, s. 18 (3).

19

1. A parent who receives a statement of decision under section 18 may, by written notice delivered to the person specified in subsection (2) within 15 days of receipt of the statement of decision, request a meeting with the committee. O. Reg. 181/98, s. 19 (1).

If you don’t agree with the IEP, you do not have to sign it at the time. You can request more time to study it. Section 19 states that you have 15 days to appeal the IEP recommendations and request another meeting.

20

1. A board shall implement a placement decision made by a committee under this Part when one of the following two events occurs:
   1. A parent of the pupil consents in writing to the placement.
   2. The time period provided in subsection 26 (2) for filing a notice of appeal from the decision expires without a notice of appeal being filed. O. Reg. 181/98, s. 20 (1).
2. The board shall implement a placement decision made by a committee under this Part as soon as possible after an event described in paragraph 1 or 2 of subsection (1) occurs. O. Reg. 181/98, s. 20 (2).
3. A board that, without the written consent of a parent of the pupil, implements a placement decision made by a committee under this Part shall give written notice of the implementation to a parent of the pupil. O. Reg. 181/98, s. 20 (3).

If you don’t appeal within the 15 day period, then the board will implement the plan within 30 days after it was reviewed by parent and pupil, even if you have not signed it.