This page explains how School District 23 (Central Okanagan) expects parents, students, and community members to raise concerns or pursue formal appeals. The district provides a staged dispute resolution process embedded within Policy 460 – Appeals, followed by a formal Board appeal process under section 11 of the School Act.

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How the district frames complaints

SD23 frames complaints as a process grounded in fairness and good faith problem-solving.

The district emphasises:

• resolving concerns at the point closest to where they arise
• encouraging all parties to understand each other’s perspectives
• making good faith efforts to resolve disputes collaboratively
• ensuring decisions are made through fair processes

Parents and students are expected to work through multiple levels of discussion before accessing a formal Board appeal.

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Dispute resolution (embedded escalation process)

SD23 outlines a detailed, step-by-step escalation pathway that must generally be followed before a formal appeal.

Step 1: Staff member

Meet with the employee who made the decision to attempt resolution.

Step 2: Supervisor

If unresolved, meet with the employee’s supervisor(s).

Step 3: Assistant Superintendent

If still unresolved, meet with the area Assistant Superintendent.

Step 4: Superintendent

If unresolved, meet with the Superintendent.

Step 5: Escalation to Board appeal

If the concern remains unresolved after these steps, a formal appeal may be submitted to the Board.

This structured escalation process is a required precursor to a formal appeal.

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Formal appeal process (Policy 460)

If the dispute resolution steps do not resolve the concern, a parent or student may appeal a decision of a board employee that significantly affects the education, health, or safety of a student.

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What can be appealed

Appeals are limited to decisions that significantly affect a student’s education, health, or safety.

Examples include:

• suspensions or exclusions longer than 10 days
• placement in an educational program
• promotion or graduation decisions
• denial of or failure to consult on an Individual Education Plan
• exclusion due to conduct, medical conditions, or financial barriers

Importantly:

Failure to make a decision is treated as a decision for the purpose of appeal.

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Filing an appeal

To begin an appeal:

• A written Notice of Appeal (Form 460) must be submitted to the Secretary-Treasurer
• The appeal must normally be filed within 15 school days of:
  • the decision being communicated, or
  • completion of the dispute resolution steps
    whichever is later

After submission:

• Within 15 school days, the district must either:
  • provide a hearing date, or
  • give reasons for refusing to hear the appeal

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Board review and hearing

If the appeal proceeds:

• The Board may invite written and/or oral submissions
• The appellant may bring an advocate or interpreter
• All materials provided to the Board must also be shared with the appellant
• The Board must act independently and avoid bias in its decision-making

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Decision

In making a decision, the Board considers:

• whether the decision followed legislation and policy
• whether the process was fair
• whether the evidence supports the decision
• whether the decision is reasonable in the circumstances

The Board:

• issues a written decision
• communicates it promptly to the parties

The decision is final, subject to rights of appeal under the School Act.

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Grounds for refusal

The Board may refuse to hear an appeal if:

• the required escalation steps were not followed
• the appeal was not filed within a reasonable time (typically 15 school days)
• the matter does not significantly affect the student’s education, health, or safety

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Provincial appeal

If the Board’s decision does not resolve the matter, the decision may be appealed to the Superintendent of Achievement under section 11.1 of the School Act.

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Complete escalation pathway

Step 1: Meet with the staff member involved
Step 2: Escalate to the employee’s supervisor
Step 3: Escalate to the Assistant Superintendent
Step 4: Escalate to the Superintendent
Step 5: Submit written Notice of Appeal (Form 460) to the Secretary-Treasurer
Step 6: Board review, possible hearing, and decision
Step 7: Provincial appeal to the Superintendent of Achievement

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Guiding principles

• Concerns should be resolved at the level closest to where they arise
• Multiple escalation steps are required before formal appeal
• Fairness and transparency are central to the process
• Appeals apply only to significant impacts on a student
• Failure to make a decision may be treated as a decision

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Official district source

• 350R – Human Rights
• 460 Appeals

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flowchart TD
    A([Concern arises]) --> B[Step 1: Discuss the concern with the staff member involved]
    B --> C{Resolved?}
    C -- Yes --> Z([Matter resolved])
    C -- No --> D[Step 2: Escalate to the principal]
    D --> E{Resolved?}
    E -- Yes --> Z
    E -- No --> F[Step 3: Submit written Notice of Appeal<br/>to the Secretary-Treasurer of the Board<br/>within 30 calendar days of the decision]
    F --> G[Notice must include:<br/>student name, address, phone<br/>current placement: school, grade, homeroom<br/>decision appealed and date communicated<br/>employee who made the decision<br/>grounds for appeal and relief sought]
    G --> H{Board reviews eligibility}
    H -- Board may refuse if --> I([Appeal refused in writing<br/>timelines unnecessarily extended, or<br/>applicant refused prior discussion, or<br/>decision does not significantly affect<br/>education, health, or safety])
    H -- Appeal proceeds --> J[Notice delivered to Board Chair<br/>Chair directs Superintendent within 7 days<br/>to prepare an Appeal Report]
    J --> K[Appeal Report completed and delivered<br/>to the Board within 30 calendar days<br/>copies provided to appellant and employee]
    K --> L[Step 4: Board hearing within 30 calendar days<br/>appellant and employee may present submissions<br/>Board may question those appearing]
    L --> M[Board issues written decision<br/>reported promptly to appellant and employee]
    M --> N{Satisfied with Board decision?}
    N -- Yes --> Z
    N -- No --> O[Step 5: Provincial appeal to the<br/>Superintendent of Achievement<br/>as a new hearing under s. 11.1]
    O --> P{Superintendent of Achievement<br/>receives the appeal}
    P --> Q[May refer to mediator or adjudicator<br/>or summarily dismiss all or part]
    Q --> R([Decision is final and binding])