1. Law Works
Workshop: Is the IPRC Process
Working?
Brenda Bowlby
August 17, 2007

2. Law Works
Overview
1. What should happen in the IPRC
process?
2. Important points in the operation of
the IPRC
3. Tips for fending off parent
criticisms of the process
4. Discussion

3. Law Works
2. What should happen in the IPRC
process?
Ed. Act. section 8(3):
“The Minister shall ensure that all exceptional
children in Ontario have available to them, in
accordance with this Act and the regulations,
appropriate special education programs and special
education services without payment of fees by
parents or guardians resident in Ontario, and shall
provide for the parents or guardians to appeal the
appropriateness of the special education placement,
and for these purposes the Minister shall,

4. Law Works
[s. 8(3) Ministershall]:
(a) require school boards to implement procedures for
early and ongoing identification of the learning
abilities and needs of pupils, and shall prescribe
standards in accordance with which such
procedures be implemented; and
(b) in respect of special education programs and
services, define exceptionalities of pupils, and
prescribe classes, groups or categories of
exceptional pupils, and require boards to employ
such definitions or use such prescriptions as
established under this clause.”

5. Law Works
O. Reg. 181/98:
“10 Each board shall, in accordance with
section 11, establish one or more committees
for the identification and placement of
exceptional pupils,…”

6. Law Works
Information to be gathered and considered by
the IPRC for the pupil’s first IPRC:
“15 (1) A committee that has received a referral
under section 14 shall obtain and consider an
educational assessment of the pupil.
“(2) Subject to the He alth Care Co nse nt Act, 1 9 9 6 ,
the committee shall also obtain and consider a
health assessment of the pupil by a qualified medical
practitioner if the committee determines that the
assessment is required to enable it to make a correct
identification or placement decision.”

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“15 (3) Subject to the He alth Care Co nse nt Act,
1 9 9 6 , the committee shall also obtain and consider a
psychological assessment of the pupil if the
committee determines that the assessment is
required to enable it to make a correct identification
or placement decision.
(4) Where the committee determines that it would be
useful to do so and the pupil is less than 16 years of
age, the committee shall, with the consent of a
parent, interview the pupil.”

8. Law Works
Parent right to be present:
“15(5) A parent of the pupil has a right to be present
at the interview.
(6) The committee shall also consider any
information about the pupil submitted to it by a parent
of the pupil and, where the pupil is 16 years of age or
older, the pupil.
(7) In addition to complying with this section, the
committee shall consider any information submitted
to it that it considers relevant.”

9. Law Works
All info collected must be given to parent:
“15(8) As soon as possible after the chair of the
committee obtains any information relating to the
pupil, the chair shall provide the information to,
(a) a parent of the pupil; and
(b) the pupil, where the pupil is 16 years of age or
older.
(9) Subsection (8) does not apply to oral information
submitted at a meeting that the committee holds in
respect of the pupil in accordance with this
Regulation.”

10. Law Works
Discussion of services and
programs:
“16(1) The committee may discuss any proposal for
special education services or special education
programs and shall do so at the request of a parent
or a pupil who is 16 years of age or older.
(2) The committee may make recommendations
regarding special education programs and special
education services.
(3) The committee may recommend that an
exceptional pupil who is 21 years of age or older
remain in a secondary day school program.”

11. Law Works
No appeal of service and program
recommendations:
“16 (4) Despite subsections (1) to (3), the committee
shall not make decisions about special education
services or special education programs.
(6) A recommendation under this section is not a
decision for the purposes of subsection 26 (1).”
[but note SET position on Regular class]

12. Law Works
In the case of a Review by the IPRC:
“23(1) Sections 15 and 16 apply with necessary
modifications to a committee engaged in a review ….
(2) With the written permission of a parent of the
pupil, a committee conducting a review under this
Part shall consider the pupil’s progress with reference
to the pupil’s [IEP].”

13. Law Works
Obligation to considerregular
class:
“17(1) When making a placement decision…., 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,
(a) would meet the pupil’s needs; and
(b) is consistent with parental preferences.”

14. Law Works
“17 (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.”
[Note: s. 17 Also applies to Review]

15. Law Works
The IPRC’s statement of decision:
“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,
(a) a parent of the pupil;
(b) the pupil, where the pupil is 16 years of age or
older;
(c) the principal who made the referral, where the
referral was made by a principal; and ……..”

16. Law Works
“18 (2)………. the statement of decision shall,
(a) state whether the committee has identified
the pupil as an exceptional pupil;”

17. Law Works
“18 (2) ………. the statement of decision shall,
(b) where the committee has identified the pupil as
an exceptional pupil, include,
(i) the committee’s description of the
pupil’s strengths and needs,
(ii) the categories and definitions of any
exceptionalities identified by the
committee,”
[Note: SET says “Multiple Exceptionalities” must be
identified.]

18. Law Works
“18 (2) …. the statement of decision shall,
(b) where the committee has identified the pupil
as an exceptional pupil, include,…
(iii) the committee’s placement decision,
and
(iv) the committee’s recommendation
under subsection 16 (2), if any; and
(c) where the committee has decided that the
pupil should be placed in a special education
class, state the reasons for that decision.”
[Note: e.g. Pupil requires intensive individualized
instruction to a degree not possible in regular class.]

19. Law Works
Annual Review is required unless
parents waive in writing:
“21(3)Subject to subsection (4), the [Director of Education]
shall make a request under clause (1) (c) [i.e.. referral to
IPRC] when in his or her opinion it is necessary to do so
in order to ensure that a review in respect of the pupil is
held at least once in each school year.
(4) Subsection (3) does not apply where,
(a) an IPRC with respect to the pupil was held during the
school year; or
(b) a parent of the pupil gives a written notice dispensing
with the annual review to the principal of the school at
which the special education program is being
provided.”

20. Law Works
O. Reg. 181/98, ss. 23, 24, 25:
Where a review IPRC decides that no change in
identification or placement is necessary, it simply
sends out statement of decision confirming this.
Where the Review IPRC decides to change
identification or placement or both, it’s statement of
decision must set out:
- reason for change
- description of strengths and needs
- exceptionality and placement and
- if placement is special class, the reasons.

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2. Important points in the
operation of the IPRC
a) Parents have the right to participate in
every discussion:
O. Reg. 181/98:
“5(1) A parent of a pupil and, where the pupil is
16 years of age or older, the pupil, are
entitled,
(a) to be present at and participate in all
committee discussions about the pupil; and
(b) to be present when the committee’s
identification and placement decisions are
made.”

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2. Important points in the
operation of the IPRC
b) The IPRC must discuss special education
programs and services if the parents wish and
may have to identify those programs and services
where pupil placed in a regular class.
- Tribunal has made clear in several decisions that
placement with resource assistance or with
resource withdrawal requires that special ed.
programs and services must be identified.

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2. Important points in the
operation of the IPRC
c) Principal’s obligations to parents when pupil first
referred to IPRC:
“14(6) Within 15 days of [the principal] giving a notice
under clause (1) (a) [of referral of the pupil to an
IPRC] or receiving a request under clause (1) (b), the
principal shall provide the parent with,
(a) a copy of the guide prepared under section 13;
(b) a written statement of approximately when the
principal expects that a committee will meet for the
first time to discuss the pupil; and
(c) in the case of a request under clause (1) (b), a
written acknowledgement of the request [by the
parent for referral to an IPRC]”

24. Law Works
3. Tips forfending off parental
criticisms re: IPRC process.
i) Make sure you follow the process set out in
O. Reg. 181/98:
• Parent Guide
• written notice of all meetings to parents
• statement of decision must conform with Reg.
• do not refuse to discuss strengths, needs,
programs or services

25. Law Works
3. Tips forfending off parental
criticisms re: IPRC process.
• ii) Make good notes of meeting and who said
what.
• iii) Do up minutes and send to parent, esp. in
contentious cases.
• iv) If you think an IPRC is being adjourned at
parent’s wish, set up a new date before
meeting ends.
• Bend over backwards to work with parents!!!
However, maintain control

26. Law Works
4. Discussion:

27. Law Works
Workshop: Is the IPRC Process
Working?
Brenda Bowlby
August 17, 2007