How is hindsight an important issue to understand in education?
Well, if anyone is going to claim that their child is experiencing discrimination and go through the human rights tribunal process, a defence the school could use is “hindsight” .
Student by Parent v. School District BCHRT 237
[99] Next, in B v. School District, 2019 BCHRT 170, the evidence supported that the school district provided the child with the recommended supports and accommodations. The Tribunal found that it was “only with hindsight” that it was possible to say that the child could have benefited from more support: para. 81. It dismissed the complaint in part because there was insufficient evidence to demonstrate that the school district reasonably ought to have known that the child required more: para. 98. In contrast here, I have found that the District had sufficient information to trigger some kind of inquiry or response beyond asking the Student how she was doing and, assuming the counsellor did this, advising of available supports.
They will claim “We didn’t know.”
So you know what that means.
Parent(s)/guardians need to be VERY communicative with the school and be telling them that:
- Your child is struggling.
- Their struggle is connected to school.
- How their child is struggling.
- How this struggle is connected to their disability.
So, we just need to be emailing constantly.
Whether they respond to those emails is another blog. But we have to have evidence that they were VERY aware and they can’t claim they didn’t know.
By communicating our child is struggling we will trigger MEANINGFUL INQUIRY.
It is very
very
very
very important that we are communicating with them.
Schools are increasingly not wanting to put communication in emails and instead, they are wanting phone calls or meetings.
But that doesn’t stop us from sending emails and creating a paper trail and documenting what is happening.
So send those emails. cc: lots of people.
Again.
Again.
and again.
It doesn’t matter what they do or say.
Regardless. Just keep sending those emails and creating that paper trail.
Regarding documentation. Click the blog Why is Documentation so Important?