Strategies for a Tuition Support Appeal.

Each appeal will vary based on personal circumstances.*
Here is some general advice collected from some appeals and strategies in dealing with the Department of Education

1) Everyone should appeal. Even if the department states that you have no grounds, appeal anyway. If you don’t put in an appeal it makes trying to obtain tuition support more difficult.

2) Meet with your MLA. Your MLA is there to assist his constituents in their dealings with the government. Go over your particular case with your MLA. He can guide you through the provincial regulations and the appeal process. He may also suggest what grounds you may appeal on. Your MLA may also choose to lobby on your behalf.

3) Your appeal must deal directly with the reviewer’s decision as it relates to sections 70 & 71 of the regulations. The regulations on the Departments web site are outdated. The current regulations are on the Legislature site. www.gov.ns.ca/just/regulations/regs/edgic.htm Sections 67-78

4) You are allowed to personally present your case before the appeal board, but you must request this. Include in your letter of appeal “We request the right to present our case before the appeal board”. (It’s harder for the reviewer to say no to a person sitting across the table. Especially with a well presented case.)

5) Get everything in writing. If you have phone conversations, take notes during and after. Keep all correspondence with the Department.

We noted that the most common reasons for the government to deny an application for a tuition support agreement is often:

A) Not currently in the public school system
B) Beyond the three year limit
C) No IPP
D) From out of province.

Some strategies to look at:

1) While your child was enrolled in the public school system, did you ever apply for a tuition agreement and were denied? Section 71(2) allows those who have previously applied for tuition support and at that time met the criterion for 71(1) (b)-(e) to apply while enrolled in a designated special education private school.

2) Did an employee of the school board (teacher, school psychologist, principal, etc) suggest that you take your child out of the public system or suggest they might make better progress in a smaller class private school? Did they deny your child services? i.e. IPP. Then the actions of the school board have put you in a position where you do not meet the criterion. Appeal on this basis.

3) Were you told that putting your child on an IPP would limit his or her chances of post secondary education thus dissuading you from getting an IPP? This is a myth that unfortunately is still being told to many parents and it is wrong. The fact that you received misleading counsel from an employee of the school board (teacher, school psychologist, principal, etc) should help.

4) The two-year(now three) time limit is in breach of the charter of human rights. By placing an arbitrary time limit on the specialized services the government is denying services to those who may still be in need. Our children have a right not to be discriminated against due to mental or physical disabilities. Denying them the form of education that they need due to their disability is in breach of the charter. They deserve an equal education and sending them back to a public school environment ill-suited to a students needs would be in violation of the charter and the Education Act.

5) People from out of province are not eligible to receive tuition support unless their child attended a Nova Scotia public school. This an is illegal according to the Canadian Charter of Rights and Freedoms that states:

Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right (a) to move to and take up residence in any province; and (b) to pursue the gaining of a livelihood in any province. Limitation (3) The rights specified in subsection (2) are subject to (a)any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and (b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.

If you are denied because you came from out of province, bring to their attention that their requirement that the child must attended a Nova Scotia public school for one year is in direct conflict with the Charter’s Mobility Rights law. The mobility law is there to allow people to move freely to any province and for those people to be treated the same as the people who live in the province. The fact is, if your child went a public school in any other province of Canada, the government must consider this to be the same as if you went to a Nova Scotia public school.

Educate yourself on you rights.

Make sure you have copies of all relevant documentation and bring it to the appeal. We suggest having a binder that includes all your child’s report cards, resource reports, assessments, IPP’s, correspondence to and from the school and school board, each organized in its own section.

Familiarize yourself with the various regulations and policies of the Dept of Education, and the school board. i.e. Regulations for the Education Act, Special Education Policy Manual, Halifax Regional School Board Special Education Procedures, Halifax Regional School Board Special Education Policy, Canadian Charter of Rights and Freedoms.

Prepare a 5 Minute summary of your Child’s learning experiences, what services were provided, what services were denied and how his/her needs were or were not met by the public system. Explain what his/her needs are now met, and how these needs cannot be met adequately by the school board. Back up your statements with documentation. The better prepared you are the higher your chances of success.


We hope this is of some help you as you present your appeal.
If you have any questions fell free to email us at info@eeans.ca


*These are examples of a few strategies that have worked for others. They are not to be taken as a guaranteed approach for your particular case or as legal advice.