Appropriate Educational Programming Regulation

Appropriate Educational Programming Regulation, M.R. 155/2005 The Public Schools Act , C.C.S.M. c. P250 PART 1 INTRODUCTORY PROVISIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Public Schools Act . («  Loi  ») "adaptation" means a change in the teaching process, materials, assignments or pupil products to assist a pupil to achieve the expected learning outcomes. (« adaptation ») "curriculum" means the curriculum prescribed or approved by the minister. (« programme d'études ») "deputy minister" means the deputy minister of the department. (« sous-ministre ») "differentiated instruction" means a method of instruction or assessment that alters the presentation of the curriculum for the purpose of responding to the learning diversity, interests and strengths of pupils. (« enseignement différentiel ») "expected learning outcomes" means the learning outcomes consistent with the curriculum. (« résultats d'apprentissage prévus ») "minister" means the minister responsible for the administration of the Act. (« ministre ») "parent" includes a legal guardian. (« parent ») "pupil file" has the same meaning as in section 42.2 of the Act. (« dossier scolaire ») M.R. 115/2025 PART 2 APPROPRIATE EDUCATION General obligation 2(1) The appropriate educational programming that a school board must provide is the curriculum. 2(2) A school board must ensure that, as far as reasonably practicable, appropriate educational programming is available to a pupil in a regular class of his or her peers at (a) the school whose catchment area includes his or her residence; or (b) another school that provides the program, as designated by the board, that the pupil is to be enrolled in, if the school described in clause (a) does not provide that program. School-related activities 3 A school board must ensure that school-related activities such as assemblies, sports days and field trips reasonably accommodate the needs of all students. Assessment 4(1) A principal must ensure that a pupil is assessed as soon as reasonably practicable if he or she is having difficulty meeting the expected learning outcomes. 4(2) A principal must ensure that a pupil is referred for a specialized assessment if the pupil's teacher and resource teacher, guidance counsellor or other applicable in-school personnel are (a) unable to assess why the pupil is having difficulty meeting those outcomes; or (b) of the opinion that differentiated instruction and adaptations are insufficient to assist the pupil in meeting those outcomes. 4(3) A principal must ensure that the pupil's parent is informed before the pupil is referred for a specialized assessment, and no interviewing or testing as part of the assessment may occur without the parent's consent. 4(4) A specialized assessment must be (a) coordinated by a person who has been designated by the school board or, if the board has not designated such a person, by the principal; and (b) conducted by one or more qualified practitioners, as designated by the person coordinating the assessment, who may, if relevant in the circumstances, take into account reports and other information obtained (i) from the pupil's pupil file, or (ii) from or with the consent of the pupil's parent. 4(5) A specialized assessment must identify the following, as applicable: (a) other methods of differentiated instruction and adaptations that can be used to assist the pupil in meeting the expected learning outcomes, if it is determined that such methods or adaptations will be sufficient to assist the pupil in meeting those outcomes; (b) if it is determined that differentiated instruction and adaptations will be insufficient to assist the pupil in meeting the expected learning outcomes, what the pupil requires to meet or approximate (i) the expected learning outcomes, or (ii) the learning outcomes the pupil can reasonably be expected to achieve. Individual education plans 5(1) A principal must ensure that an individual education plan is prepared for a pupil who has requirements identified under clause 4(5)⁠(b). The plan must identify (a) how the pupil's requirements for meeting or approximating the expected learning outcomes are to be addressed, where it is reasonable to expect the pupil to meet or approximate those outcomes; or (b) where it is not reasonable to expect the pupil to meet or approximate the expected learning outcomes, (i) the learning outcomes the pupil can reasonably be expected to meet, and (ii) how the pupil's requirements for meeting those learning outcomes are to be addressed. 5(2) The principal must ensure that a pupil's individual education plan (a) is prepared with the assistance of the pupil's teacher and other in-school personnel, as directed by the principal; (b) takes into account a pupil's behavioural or health care needs, if any; (c) is consistent with provincial protocols respecting a pupil's transition to and from school; and (d) is updated annually or sooner if required by a change in a pupil's behaviour or needs. 5(3) The principal must ensure that the pupil's parents, and the pupil if appropriate, are given opportunity to (a) participate in preparing and updating the pupil's plan; and (b) be accompanied and assisted by a person of their choosing when doing so. 5(4) The content of a pupil's individual education plan may be inconsistent with the requirements of section 2. In that case, the requirements of section 2 do not apply to the pupil. Transition into school 6(1) In this section, "eligible person" means a person who (i) is eligible to be enrolled as a pupil but who has not yet begun attending school; or (ii) will be transferring into a school. 6(2) When differentiated instruction methods and adaptations are likely to be insufficient to assist an eligible person in meeting the expected learning outcomes, (a) a principal must ensure that the person is referred for a specialized assessment; and (b) if required, the principal must ensure that an individual education plan is prepared for the person; and sections 4 and 5 apply, with necessary changes, to the assessment and plan to be done under this section. Educational programming not to be unduly delayed 7(1) A school board must ensure that a pupil is not denied educational programming in the following circumstances: (a) for more than 14 days after the pupil seeks to be enrolled in a school within the division or district, regardless of whether that school has received the pupil's pupil file; (b) pending (i) the conduct of any assessment, or (ii) the preparation of an individual education plan for the pupil. 7(2) A school board's obligation to provide educational programming under clause (1)⁠(a) does not limit or restrict it from taking reasonable steps to address any significant risks to safety which a pupil may present to himself or herself, or to others. Other assessments and reports not limited 8 An assessment, including a specialized assessment, of a pupil conducted under this Part does not limit or restrict a school board's obligation to ensure that (a) any other required assessment of the pupil is carried out; and (b) the pupil's progress is evaluated and progress reports are provided to parents. PART 3 DISPUTE RESOLUTION Appointment of review coordinator 9 The minister must appoint a person as the review coordinator. Complaint may be made to the review coordinator 10(1) A parent of a pupil, or a pupil who is over the age of 18, may complain to the review coordinator about the appropriateness of the following, as identified in the pupil's individual education plan: (a) how the pupil's programming requirements for meeting or approximating the expected learning outcomes, or the outcomes the pupil can reasonably be expected to meet, are addressed; (b) where a pupil is placed in relation to his or her receiving educational programming. 10(2) A complaint must be in writing and must specify (a) the complainant's name and address; (b) the name of the pupil, where the complaint is made by the pupil's parent; and (c) the reason or reasons why the complaint is made. Preliminary inquiries by review coordinator 11(1) The review coordinator must, as soon as reasonably practicable after receiving a complaint, make any preliminary inquiries that he or she considers necessary to determine if (a) the complaint relates to a matter set out in subsection 10(1); and (b) the complainant has attempted to resolve the matter (i) with the pupil's principal, (ii) with the superintendent, and (iii) by following the appeal process established by the school board, if any. 11(2) The review coordinator must decline to take any further action in respect of the complaint, and advise the complainant in writing of the reason for doing so, if he or she determines (a) the complaint does not relate to a matter set out in subsection 10(1); (b) where the school board has established an appeal process, (i) that appeal process has not been completed, or (ii) more than 30 days have passed since the matter complained of was finally determined by the school board; (c) a review committee has previously considered a complaint respecting the same pupil, and there has been no material change in the pupil's circumstances since that previous complaint was determined; or (d) the complaint is frivolous, vexatious or made in bad faith. Alternative dispute resolution 12(1) The review coordinator may, if he or she considers it appropriate in the circumstances, offer the complainant and the school board an alternative process for resolving the complaint. 12(2) Where a complaint is resolved through an alternative process, (a) the school board must advise the review coordinator of the resolution in writing; and (b) the review coordinator must confirm the resolution with the complainant. Establishment of review committee 13(1) The minister must appoint a review committee when advised by the review coordinator that a complaint has been received and that (a) in the circumstances, it is not appropriate to offer an alternative process for resolving the complaint; (b) the complainant or the board do not agree to an alternative process to resolve the complaint; or (c) the alternative process was unsuccessful in resolving the complaint. 13(2) A review committee must consist of three members, and the minister must designate one of the members as chair of the committee. 13(3) The minister may appoint a review committee for more than one complaint where the minister is satisfied (a) the complaints are substantially similar in nature; and b) it would be fair and reasonable in the circumstances for the complaints to be dealt with at the same time and by the same committee. 13(4) If a member of a review committee dies or is otherwise incapacitated, the minister must appoint a new review committee. Role of review committee 14(1) Where a review committee is appointed in respect of a complaint, the committee must (a) investigate the complaint; and (b) prepare a written report that sets out (i) the nature of the complaint and the respective positions of the complainant and the school board, and (ii) the committee's recommendations for meeting the pupil's requirements, placement of the pupil, or both. 14(2) A review committee may investigate a complaint in any manner that the committee considers suitable in the circumstances, and may (a) request any person, including the school board, to answer any questions and to produce for the committee any documents, papers, notes, records and other material relevant to the complaint or to appropriate education programming within the division or district; and (b) copy and keep copies of any of the material that is produced under clause (a). 14(3) A school board must comply with a request of a review committee described in subsection (2). Hearing is optional 15(1) A review committee may hold a hearing but is not required to do so. 15(2) A review committee that decides to hold a hearing (a) is not bound by the rules of evidence that apply to judicial proceedings; and (b) may establish its own rules of practice and procedure for the hearing. Parties to be provided report and recommendation 16(1) After preparing its written report and recommendation, the review committee must provide the complainant and the school board an opportunity to review and comment on it. 16(2) On receiving comments from the complainant, the school board or both, the review committee may confirm or amend its recommendation. 16(3) A recommendation of the review committee must be in accordance with the enactments of Manitoba. 16(4) The review committee must file a copy of its report and final recommendation with the deputy minister. Final recommendation is decision 17(1) The final recommendation of a majority of the committee's members is the decision of the committee. Where there is no majority, the recommendation of the committee's chair is the decision of the committee. 17(2) The review committee must give the complainant and the school board a copy of the final decision and inform them of their right to appeal to the deputy minister. 17(3) The final decision must be given to the complainant and the school board personally, by regular lettermail or by another method acceptable to the review committee, the complainant and the school board. Appeal to deputy minister 18(1) A complainant or a school board may appeal the review committee's decision to the deputy minister. 18(2) An appeal to the deputy minister must be made within 30 days after the date of the review committee's decision. The appeal must be made in writing and the party making the appeal must give a copy of it to the other party. 18(3) The parties may file submissions respecting the appeal with the deputy minister. Submissions must be in writing and must be filed within 14 days of the appeal being filed but, at the request of a party, the deputy minister may grant an extension. Deputy's decision is final 19(1) After receiving the review committee's report and final recommendation, and after considering any submissions made by the parties to the appeal, the deputy minister may make any decision he or she determines appropriate regarding meeting the pupil's requirements, placement of the pupil, or both. 19(2) The deputy minister's decision is final and, if applicable, the school board must implement the decision as directed by the deputy minister. 19(3) For certainty, the deputy minister is not bound by the recommendation of the review committee and may make any decision that is in accordance with the enactments of Manitoba. PART 4 TRANSITION AND COMING INTO FORCE 20 [Repealed] M.R. 155/2005 Coming into force 21 This regulation comes into force on the same day that The Public Schools Amendment Act (Appropriate Educational Programming) , S.M. 2004, c. 9, comes into force.