When we discuss equity, accessibility the human rights code and accessibility legislation it is ALLLL about removing barriers.
Therefore when we advocate for our kids, any advocacy grounded in rights-based advocacy is going to focus on barriers.
1. Human Rights Code
In X by Y v. Board of Education of School District No. Z, 2024 BCHRT 72
Not all negative experiences are discrimination.
[110] ….I accept that these incidents which X relayed to Y were upsetting to X. I appreciate that the interactions may have fed into X’s general feelings of unease at school, but the fact alone that these events may have happened is not enough, in itself, to establish that X’s disability factored into them. Not all negative experiences are discrimination. Even accepting that these incidents occurred, I did not hear evidence that could establish, on a balance of probabilities, that X’s disability was a factor in the conduct of the adults involved in these interactions.
The test, is whether barriers have been reasonably removed.
[142] Y has said that the learning support provided throughout X’s education has not been enough for X to “reach the same level as his peers or possibly excel”. The District’s obligation is reasonable not perfect accommodation. As I have said above, reasonable accommodation is not necessarily measured by whether a student is meeting or exceeding certain standardized learning goals but rather by whether barriers have been removed to provide meaningful access to education.
2. Also, accessibility legislation THE ACCESSIBLE BC ACT
Barriers
2 (1)For the purposes of this Act, a barrier is anything that hinders the full and equal participation in society of a person with an impairment.
(2)For certainty and without limiting subsection (1), barriers can be
(a)caused by environments, attitudes, practices, policies, information, communications or technologies, and
(b)affected by intersecting forms of discrimination.
So…… what are barriers?
As outlined from the Onatario’s Unviersity Accessibility Campus (2017) There are 5 Barriers
Attitudinal Barriers – are behaviours, perceptions and assumptions that discriminate against persons with disabilities. These barriers often emerge from a lack of understanding, which can lead people to ignore, to judge, or have misconceptions about a person with a disability.
Organizational or systemic barriers are policies, procedures or practices that unfairly discriminate and can prevent individuals from participating fully in a situation. Organizational or systemic barriers are often put into place unintentionally.
Architectural or physical barriers are elements of buildings or outdoor spaces that create barriers to persons with disabilities. These barriers relate to elements such as the design of a building’s stairs or doorways, the layout of rooms, or the width of halls and sidewalks.
Information or communications barriers occur when sensory disabilities, such as hearing, seeing or learning disabilities, have not been considered. These barriers relate to both the sending and receiving of information.
Technological barriers occur when a device or technological platform is not accessible to its intended audience and cannot be used with an assistive device. Technology can enhance the user experience, but it can also create unintentional barriers for some users. Technological barriers are often related to information and communications barriers.
Communicating with the school
When communicating your communiation with the school it is the responsbility of the school to investigate what the barriers are. And to figure out how to remove them. Then they need to monitor, and adapt until the barriers are removed.
You need to express to the school your child is struggling and how they are struggling. Communiating what you are seeing and dealing with and what your concerns are, is key to trigger this inquiry.
Their investigation responsibilities is connected to “Meaningful Inquiry”.
Student (by Parent) v. School District, 2023 BCHRT 237
Summary of the Case with key highlights
[100] In short, I agree with the District that the Parent and Student were obliged to bring forward information relating to accommodation. The Parent did that, when she communicated that the Student had anxiety and trichotillomania and that school was taking a significant toll on her physical and mental health. That information should have been enough to prompt a meaningful inquiry by the school to identify what was triggering the Student’s symptoms and what supports or accommodations may be appropriate to ensure she was able to meaningfully and equitably access her education. The failure to take that step was, in my view, not reasonable. As a result, the disability-related impacts on the Student, arising from conditions in her Language 10 class between April 24 and June 27, 2019, have not been justified and violate s. 8 of the Human Rights Code.
Their responsibiliy to monitor and adapt
Summary of Case with key highlights
[120] Ultimately, on a balance of probabilities, I am satisfied that the District discharged its duty to accommodate X in his grade 2 year by reviewing the Diagnosis Report, developing an IEP, making various support people and strategies available that were incorporated into the classroom and outside, reviewing progress and changes, and adapting its approach in response……
Accommodations are ramps, open doorways, open windows, bridges and all other symbolic connections you can think of that all mean the same thing. It’s a way to level the playing field and provide a child with the same opportunity as anyone else. To remove a barrier. To give someone a chance. To not create more obstacles in their path than anyone else.