Part 3 — Responsibilities and Dispute Resolution Division 1 Responsibilities
40 Division 5 Complex Education Needs Tribunal Complex Education Needs Tribunal
supports and services that cannot be met in an education program
that may be provided by the board under any other provision of this
Act.
(2) If a board makes a determination under subsection (1) in
respect of a student, the board shall refer the matter to a Complex
Education Needs Tribunal, which shall confirm the board's
determination or determine that the board is able to provide the
student with an education program that is appropriate to the needs
of the student.
(3) If a Complex Education Needs Tribunal confirms the
determination of a board under subsection (1), it shall develop or
approve a plan that is consistent with the needs of the student and,
in accordance with that plan, shall
(a) determine the relationship between the student, the board
and any other person or government that may provide the
services required under the plan, and
(b) apportion the cost of provid ing the services required under
the plan between the board and the Government.
(4) If a Complex Education Needs Tribunal determines that a
board is able to provide the student with an education program that
is appropriate to the needs of the student, the board shall provide
the student with that education program.
(5) A board and the parent of a student in respect of whom a
determination has been made under subsection (1) shall comply
with a plan developed or approved by a Complex Education Needs
Tribunal under this section.
(6) A plan developed or approved by a Complex Education Needs
Tribunal under subsection (3) or this subsection must be reviewed
by the same or any other Complex Education Needs Tribunal at
least every 3 years after the plan is developed or approved until the
student is no longer entitled to have access to an education program
under this Act.
(7) The Minister may establish one or more Complex Education
Needs Tribunals for the purposes of this section.
(8) For the purposes of carrying out its powers under this section, a
Complex Education Needs Tribunal and each of its members have
the powers of a commissioner under the Public Inquiries Act.
(9) A parent or a board may request in writing that the Minister
review a confirmation made under subsection (2) or a plan
developed or approved under subsection (3) by a Complex
Education Needs Tribunal.