Authority: Department of Education
Complaint type: fair process
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a clock on a desk.

Complaint

A parent complained to our office that the Authority had mishandled their child’s out-of-area school transfer request and appeal. They claimed that the appeal process was unclear and that they had waited more than one month with no response from the Authority. 

Investigation

We investigated the Authority’s policies and procedures for considering appeals of out-of-area transfer decisions and its communication with the Complainant throughout the appeal process. 

Decision

Unfairness substantiated. Our investigation found that the Authority’s policy and procedures for handling these transfer requests and related appeals did not align with fairness standards. 

Although the Complainant was advised they could appeal the decision to deny their out-of-area transfer request, they received no information about the appeal process itself. Further, the Complainant was told to submit their appeal to an email address that was not monitored — which explained the lack of response from the Authority. Had the Complainant not come to our office, it must be assumed that their appeal request would have gone unanswered. 

Administrative fairness standards require that decision-making processes are transparent and consistent. The decision-making criteria must be known to the parties, including what factors will be considered and how the factors will be weighed. 

Further, decisions must be documented, clear, complete, and should be communicated to affected individuals in a timely manner. 

Recommendations

Accepted. The Authority accepted our recommendation to develop and implement a written policy and procedure for out-of-area transfer requests and related appeals applicable to all Yukon public schools. The Authority also confirmed it would review all appeal requests sent to the unmonitored email address to prioritize these requests and apologize to affected individuals for the delay. 

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