Avoiding the Traps That End Your Advocacy

I have dealt with multiple multiple different government departments through lots of different advocacy trails. Here is a list of dirty parlor tricks that they will use on you, to cut you off your path. These come from experience, case law examples, and stories from other parents. If you get any of these as a response, you know you have hit a sensitive nerve. You are onto something, keep going!

Their overarching goal is to have you lose your shit, so that they can then use your reaction as way to stop communicating with you and therefore stop your advocacy. They want to tire you out and focus not on the issue, but you.

NOTE: This is not how everyone in a position of power responds. However, if your situation exposes a lot of systemic issues, or a human rights issue, or is a hot topic, get ready. The more you know, the more you can be prepared and not respond in an emotional but in a strategic planned way.

  1. They will use silence and just ignore your emails, or respond really really really late. Like months and months late. Time is on their side. They feel no urgency. They will use your urgency against you to heighten your anxiety.
  2. They will request extensions for everything, or cancel meetings or just make dates for things that extend everything. The point is for this to constantly be out of reach and go on and on, hoping you give up.
  3. They will tell you they have another meeting at a certain time, say 45 min or 1 hour after yours starts in order to cap the conversation and then again extend the unresolved issue. The point is to extend, limit and contain.
  4. They will give you tasks or homework assignments to keep you busy and make you feel like something is happening, when in fact it is not. The homework assignments will be impossible to complete unless you know a lot of law, or are able to analyze a lawyers process. Not kidding. I had to analyze the process in which someone arrived at their decision, and why their process was incorrect. What they didn’t know was that I have a degree in human relations (human systems – how people function in groups) and currently at SFU for criminology, so I can absolutely do that. Which means, apparently you need to have almost 2 degrees in order to meet their criteria for intervention and support and this specific organization supports people who are need of help and are vulnerable in their situation. Not joking.
  5. Anything connected to procedural fairness, and they will make it seem like you are demanding, unreasonable, or inappropriate. This can be connected to having specific advocates in the room, or making sure your voice is heard, or even understanding the process so you can be prepared.
  6. They will use your emails, or your emotions as a way to try and embarrass you or shame you, and focus the attention on your behaviour.
  7. They will start to mirror your communication if they are wanting you to comply. Look at how they address you, and how they sign off on emails. Look at the language they are using.
  8. They will use similar subject headings in emails as a way to easily track communication. If you start seeing the same subject headings, it’s a flag. Other people are tracking your emails. It’s for a reason.
  9. They will interpret your advocacy as a personal attack and attempt to make you feel like you are being aggressive. Focus on the process, and the ability to highlight the oppression you are experiencing. Look at Rule of Law, Procedural Fairness, and Charter of Rights.
  10. They will change the rules as you move along, essentially creating a “moving target”. This is procedural unfairness that you can argue with case law.
  11. They will state facts, and then say…. “Well it is our understanding that…..” and then make up whatever they want.
  12. Some days you feel like you are having a sword fight with the English dictionary. Analyze everything. Counting aspects and turning your data into quantitative data, can be helpful. How many emails? How much time in meeting minutes? How much repetitive data? How many times did they use those power words or accuse you of…?
  13. They will play within the rules, so if there is a page limit for a response for a certain written court process, they have used small font and widen the margins. They will use whatever advantage they can gather.
  14. If they ask for an extension of pages, you need to also ask for the same extension of pages.
  15. They will pretend they are innocent or unaware, and purposefully make mistakes with dates, or other information, hoping you will speak to them in a demeaning way or insult them. Then they know that they can stop you in the your tracks, and they will be supported by any system process. You need to communicate with them as if you are talking with your grandmother. It will piss them off. They are always looking for a hook.
  16. If what you are saying is true, they will attack the process at what you arrived at those facts. For example, my child was assessed by this person, at this level. Then they will attack/undermine the person who assessed your child, and try and make them invalid.
  17. They will tell you that you can email them your thoughts and feelings and that they will read everything, but they will not be able to respond to everything. DO NOT DO THIS. They are essentially not closing the door on you, and wanting to gather info on how you think and feel. They are collecting evidence to use against you.
  18. They will want to have phone conversations with you, and not be willing to document or email any conclusions or actions that they are committing to.
  19. They will want to limit the number of advocates in the room, or use “student confidentiality” as an excuse to take away other professional expertise or support persons that will benefit you or end meetings with joint parents.
  20. They will keep sending you to different people to have meetings with over and over and over again.
  21. They will try and make your arguments look weak and theirs are stronger in actual fake law – they will take a real concept and kind up…. smudge it up. Generally, they will bend the rules and smudge the lines. They can be very subtle by dropping “knowledge bombs” of information to heighten your anxiety.
  22. They will do things in a way… that you start to question yourself. Am I really seeing this? Is this really happening? Am I overreacting? We always assume that everyone has the best intentions….maybe they aren’t aware…. That could be true. However. It’s a hard pill to swallow. Many good people hold up a sick system. It makes sense in their head, and they may not really understand why. It’s just the culture. It’s normalized.

I leave you with quotes that hit home this week.

  1. “There are times when you must speak, not because you are going to change the other person, but because if you don’t speak, they have changed you.”—Mary Quinn, aka Maud http://www.shakesville.com/2011/08/for-maud.html
  2. “You are what you tolerate.”

A Call for Action – School Psychologists

Vulnerable children are going to be pushed into more vulnerable circumstances with the new upcoming regulatory changes for school psychologists.

We need to sound the alarm!

New proposed bylaws by the College of Psychologist of BC will be impacting our school psychologists and therefore our children.

I have a child who was assessed by a psychologist connected to MCFD, who diagnosed the ADHD, but didn’t even test for the learning disability after I raised serious concerns regarding his written output.

It took a school psychologist with a practice on the side, to assess my son within 2 months, and his serious learning disability in written output was revealed. My son would not be getting the supports he has today without this assessment. The emotional harm would have continued. This was a private assessment, but she charged less than a community psychologist. Her assessment was also viewed by another professional who said this was the most comprehensive assessment she has ever seen. Without this lovely school psychologist offering her skills as her own practice, it would have been months and months of waiting, to hopefully get a fully correct diagnosis. Having a school psychologist was ideal and I am forever grateful.

For more information on their advocacy work, please see their informative website www.bcschoolpsychadvocacy.com

International Stuttering Awareness Day! October 22nd, 2022

Here are some things that fluent people may not realize about stuttering…

  1. There are certain words for people who stutter that will be more difficult to say than other information. For example, Our name, address, phone number. Things that we get asked a lot and we can’t replace it with other words.

Also things like, social language can be hard to say, like thank you.

When someone holds a door open for me, saying thank you for me, 90% of the time I stutter on that word and sometimes people just move too fast, I don’t have time to say the word. I am sure the world thinks I am very rude. What can I do?

2. For people who stutter, sometimes….depending on the person, they can be more fluent or stutter more on the phone. Some people find reading easier to speak and for others, they stutter more when reading. For me, *depending* on the person and the relationship I have with them, and the purpose of the call, phone can be very challenging and I prefer video as I use my body language to support my communication. We will all have our different *triggers*. However a common trigger that will increase stuttering is time pressure. We know what we need for different situations and we have rights for accommodations.

3. Many people who stutter will substitute words and spend a lot of mental energy navigating their stuttering through sentences. This can be very exhausting. So even if people seem to be very fluent and only stutter occasionally, you have no idea how much mental gymnastics they are encountering to communicate.

Some people can be covert stutterers and spend an incredible amount of time hiding their stuttering and substituting their words. They can feel very powerless in their life as they will eat food on menus they don’t want to eat, or say or agree to things they don’t really think, but it’s easier to say.

I myself and so many other people have experienced covert stuttering as a survival strategy in their life. Take my word for it, it’s EXHAUSTING and nauseating.

4. Some people who stutter find it easier to not stutter on swear words and so putting swear words in a sentence helps to “keep them a float” so to speak. Thanks Samuel L Jackson for explaining this so well. 😉

5. Stuttering is a neurological condition. It is not caused by nervousness or anxiety, but there are many environmental factors that can influence someone’s stuttering. As the brain is so complex and networked, emotions can influence stuttering but not cause it.

6. Stuttering can range in severity and presents differently for different people. So, what is helpful for one person, isn’t helpful for everyone. Please, we don’t need to hear…”You know my Uncle did _____ and now he doesn’t stutter anymore!” Really!?! You sure about that??

7. Just because someone can be fluent in one situation doesn’t mean they can be fluent in other situations.

For example, some people can experience high levels of fluency in speech therapists office. It’s like if someone was asking you to walk along a plank of wood on the floor of their office. It’s safe. Then when you go out in the world, it’s like that plank of wood is now balancing between two 30 floor buildings and now you need to walk across it. Very different. Every speaking experience depending on the context that plank of wood will move to different floors. Social event with your best friends, maybe you are just walking across the board one story up. Job interview, 30 stories up. Lunch with co-workers in an supportive environment, 5 stories up. Phone call with someone in a position of authority, 15 stories up.

8. Many people who stutter have other family members who stutter. For people who don’t know if they do or not, it is still possible. 2 and 3 generations ago, you can imagine how important it was for people to hide their stuttering. My grandmother didn’t even label her father as a stutterer, “that was just how he talked”. You never know!

9. Stuttering changes over a life time. How I stuttered as a kid, was different as a teenager, was different as a young adult, was different when I was pregnant with both of my kids, and my stuttering is different now. I hear from people who are in their senior years, that their stuttering has changed when they became older too.

When I was a kid I was covert, then I hit teenage years and I was assessed as severe and the covert again, and then moderate as a young adult… you get the idea. When I went to speech therapy I was fluent enough to be covert again. Told everyone I was cured and I didn’t stutter anymore. Not.

10. 1% of the international population stutter. In every country, city and town. It would be very weird if there was a country out there who didn’t have anyone who stuttered. If we exist everywhere, than one can conclude it’s normal. There is a lot of ableism and we are constantly being told by society that we need to be fixed. That we need to “work on ourselves” and if I just tried hard enough, we wouldn’t stutter anymore. That is fucking bullshit.

Happy International Stuttering Awareness Day everyone!!

Reach out and get support! There are lots of support groups and conferences to reach out and meet your fellow community members. 🙂

Canadian Stuttering Association
National Stuttering Association
International Stuttering Association
British Stammering Association
SAY: Stuttering Association for the Young
Friends Who Stutter
Beyond Imagination

Annual Report Season

Hello All,

Below are links to a collection of annual reports for the following organizations. I find the data fascinating and a window into what they are willing to share with us. These are all current annual reports for their 2021-2022 periods.

Here are the list of links,

Human Rights Tribunal – 35 pages
BC Office of Human Rights Commissioner -43 pages
Community Legal Assistance Society – 26 pages
Ombudsperson – 92 pages
Office of Information and Privacy Commissioner – 36 pages
Ministry of Education and Childcare – 22 pages
Inclusion BC – 27 pages
Family Support Institute -24 pages
Ministry of Family and Child Development – 19 pages
Representative of Children and Youth – 132 pages
Teacher’s Regulation Branch – 27 pages

The one I am STILL waiting for is the Teacher Regulation Branch annual report…. I’ll add it when it comes out.

I encourage you all to take an internet deep dive and find organizations or ministries that interest you and read their annual reports.

What kind of annual reports are you interested in reading about?

Happy discovering!!

Why is Documentation so Important?

Because you need to take your allegations out of the realm of conjecture. Here is a case example below from the BC Human Rights Tribunal.

N obo S v. T and a School District, 2006 BCHRT 546 (CanLII)

[55]           In this case, N states that she is a single parent and has several serious medical conditions, and that, because of this, she has been unfairly treated by the respondents.  As examples of the unfair treatment, she states that the respondents have failed to return phone calls, delayed letters, failed to provide information in a timely manner, and did not properly investigate her concerns relating to her son.  However, she does not include details of any statements or actions on the part of the respondents which would support such a conclusion.  She states only that she “believes” that such a connection exists: that she “believes” that the respondents think they can make her go away by exhausting her; that she “believes” that if she had a partner, her child would have equal treatment; and that she “believes” that she would be treated with more respect if she were married, healthy and had financial resources.   In other words, nothing in the complaint takes the allegations out of the realm of conjecture, as the facts alleged in the complaint do not support a nexus between N’s marital status and disability and her alleged unfair treatment by the respondents. 

[56]           As a result of the above, I dismiss N’s complaint pursuant to s. 27(1)(b) of the Code.

*****************************

Allegations are what you are claiming to be true. Until they are proven in a hearing and a decision is complete by a tribunal member, until then, they are nothing more than allegations. Be careful about defamation on social media.

So, parents/guardians and loved ones of disabled children in the education system, what does this mean?

It means we need to be documenting EVERYTHING.

Keeping ALL emails, even the good ones.

Logging calls and dates, with who and what was discussed.

Follow up by email on phone calls to outline what was discussed and action steps agreed upon.

Keeping a timeline of events

Taking photos (if your child has been injured)

When you child tells you what happened at school, take your own notes and write it down. Email your notes to someone you trust to log the date, time and details.

Email other parents and ask them what they know, and make sure they respond in the email and not the phone. The Human Rights Tribunal can take years. People’s memories will change over time, so it’s really important to get the documented information at that time.

If necessary for your own mental health, taking yourself and your child for counselling, (Remember from the blog 10 Most shocking Education Advocacy Discoveries #3) If the counsellor is connected to the government services, they wont be able to testify at a hearing. You need an outside counsellor.)

An added suggestion by Dyslexia BC @DyslexiaBC on Facebook is to bring someone with you to all of your IEP meetings. (That person can take notes, and also be a witness.)

You need to be thinking about collecting evidence. Things that can be used as evidence in a hearing are documents, emails, doctors letters, counselling letters, counselling invoices, videos, photos, media posts, expert evidence, other parents witness statements/emails, voice recordings from meetings, anything that is relevant. Connected. Here is what the Human Rights Tribunal determines to be evidence.

In the same thread of thought, be careful what you offer up in your emails and conversations to the school district. They are also collecting evidence on you.

I will leave you with this case example below.

A and B obo Infant A v. School District C (No. 5), 2018 BCHRT 25 (CanLII)

A.   The Mother

[40]           Overall, I have found the Mother to be sincere in her testimony. She cares about her Child and became emotional when describing his feelings. However, I do not find her evidence reliable. I find her testimony not to be in “harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions”. The weight, and thus reliability, of the Mother’s evidence was affected by the fact that her testimony was almost entirely based on hearsay and double hearsay. The Mother was not a witness to most of the interactions she described.

[41]           The Tribunal may admit any evidence that it considers necessary and appropriate, whether or not the evidence is admissible in a court of law: Code, s. 27.2. Silver Campsites Ltd. v. James2013 BCCA 292 at para. 39. I considered the Mother’s hearsay testimony to be necessary and appropriate because it directly addressed the critical issues in the complaint and there were no other witnesses available to present it. The Father and Child did not testify on these issues. I assessed the Mother’s hearsay evidence on a point-by-point basis, with the objective of ensuring that I could make necessary findings of fact based on reliable evidence: Radek v. Henderson Development (Canada) and Securiguard Services (No. 3), 2005 BCHRT 302 [Radek]. I have considered the following in determining the weight to give to hearsay evidence:

I have considered in each instance the reliability of the evidence, the necessity for its introduction as hearsay rather than first-hand evidence, the probative value of the evidence, and whether the other parties would be unfairly prejudiced or otherwise disadvantaged through my reliance on it. (para. 54)

[42]           I have assigned relatively little weight to the Mother’s evidence where it conflicted with the first-hand accounts given by the School Counsellor, Principal, Vice Principal, and Teachers H, M, and G. I have found the Mother’s hearsay evidence considerably less reliable than the direct evidence of reliable witnesses, where there is a conflict.

[43]           The Mother acknowledged that she was probably not present for most of the incidents at school that involved her Child. At times, she had a hard time recalling events. For example, the Mother’s testimony on the psychoeducational assessment of her son was wrong by one year. She acknowledged that she was “out a year”. The Mother testified that there is no reason to dispute the emails that were authored by her at the time. The Mother testified “that is what I wrote at that time”.

[44]           During cross-examination, the Mother responded to several questions regarding her testimony about her Child’s version of events by saying that she did not know or was not there. She acknowledged that most of her knowledge of the incidents came through her Child. I find that her son was more likely than not motivated to minimize his involvement in some incidents when reporting them to his Parents, so as to avoid discipline. For example, the Mother described disciplining the Child in relation to an incident where he swore at the Principal. She described their punishment as “Draconian”. (In retrospect, the Mother regretted using that word in her letter). As another example, regarding the November 2016 Incident, the Child only reported to his Parents that he grabbed another student by the collar, whereas I find, as a fact, that the Child choked a student, pushed him over a railing, and spat in his face.

[45]           The Mother’s credibility was also impacted by her acrimonious relationship with most of the Respondent witnesses. I have considered her contemporaneous correspondence in assessing credibility because it speaks to hear capacity to perceive, recollect, and communicate facts objectively. Together with her husband, the Mother repeatedly sent letters and other communications attacking the character of most of the Respondent witnesses. For example, the Parents wrote letters about the Superintendent to the federal government, provincial government, board of education, RCMP, politicians and others. When confronted with this correspondence, the Mother minimized the tenor of her communications and its effect on the Respondent witnesses. The Mother maintained that she and her husband treated staff respectfully.

[46]           The Mother also provided inconsistent testimony. For example, the Mother testified that she did not accuse Teacher G of racism. When confronted during cross-examination, the Mother acknowledged accusing Teacher G of favouring one child over the other, and the other child not necessarily being black. The Mother ultimately acknowledged accusing Teacher G of racism. She explained finding it “very frustrating” when Teacher G prejudged her son and did not follow guidelines.

Understanding the Duty to Accommodate

In the Human Rights Code section (8), there is the Duty to Accommodate.

There are also layers under the umbrella of the duty to accommodate. There is a process that must be completed in order to obtain those accommodations. Since, this site is focused on disability rights and education focused, for this page I will be using disability as the example. First, the service provider must have proof that someone is disabled.

From the Human Rights Clinic Blog, Stress, Anxiety and the Duty to Accommodate, they explain…

“However, she did not provide any medical information that said she had a mental disability.

The Tribunal dismissed Ms. Matheson’s complaint, stating that “an essential element of a complaint of discrimination in employment on the basis of mental disability is proof that the complainant either had a mental disability… or was perceived to be mentally disabled by the employer.”

Here is Ms. Matheson’s case.

Which now leads us to the Duty to Inquire

Duty to Inquire

Here is link to more information and the above picture.

Duty to Consult

A great case that outlines the duties to consult by schools is the Hewko v. B.C., 2006 BCSC 1638 (CanLII)

There are many great details in this case, here are a couple that speak to me regarding the duty to consult.

AND also

Duty to Co-operate

Here is the link for the source below

Am I missing any??

If anyone knows of any more “Duty to…..” established in human rights case law, please let me know. I am happy to add to the list of links and information so we parents, can learn about our children’s rights and the process.

Commonly Used Acronyms in Supportive Education

Acronyms are often used in social media posts, emails and chatter amongst parents/guardians and school district professionals.  I personally feel there are so many of them and they are constantly changing. Sometimes it’s just hard to keep up! Districts also don’t always use the same language for their education roles. More confusion.

Here is a list compiled by over 30 parents from different districts across British Columbia, to help new parents who are entering the world of education advocacy. Or, even if you aren’t new, here is a list, because who can always keep track of these things??

If you want to add any, please email me.

These acronyms have not made it on the list because I have critiqued or placed judgement on these terms, they are simply acronyms you might come across.

If you are a parent/guardian attending meetings or are receiving communication and people are tossing around acronyms/terms/language you don’t understand, you have every right to stop them and ask them to explain. Jargon can create barriers in communication. We all have the right to understand what people are talking about when it concerns us and our children.

In addition to the acronym list below, here is also a Glossary of Terms from the BC Government for K-12 Education.

(Updated September 14th, 2022. Now over 40 parents contributed. 🙂 )

CB IEP – Competency Based Individual Education Plan
IEP – Individualized Education Plan
SLP – Student Learning Plan
SD – School District

ID – Image Description
TW – Trigger Warning

Specialized Professionals


AAC SLP – Alternative Augmentative Communication Speech Language Pathologist
BC – Behavioural Consultant
BCBA-Board Certified Behaviour Consultant
BI – Behavioural Interventionist
OT– Occupational Therapist
PT– Physiotherapist
SLP – Speech-Language Pathologist  (SLP can also be Student Learning Plan)
SW – Social Worker

Support Roles/Teams/Job Titles in Education

ASW – Autism Support Worker
BSW – Behavioural Assistance Worker
CM – Case Manager
CRT—Classroom Teacher
DIMT – District Inclusion Mentor Teacher
DLT – District Leadership Team
EA – Education Assistant
IST– Integration Support Teacher AND/ Inclusion Support Teacher
ITT– Inclusive Team Teacher
LAW – Learning Assistance Worker
LRT – Learning Resource Teacher
LST – Learning Services Teacher AND/ Learning Support Teacher
RT – Resource Teacher
SBT – School-Based Team
SEA – Special Education Assistant
SERT – Special Education Resource Teacher
TTOC – Teaching Teacher On Call
YCW – Youth Care Worker

Organizations

AFU – Autism Funding Unit
ASNBC – Autism Support Network BC
BCCDC – BC Centre for Disease Control
BCCH – BC (British Columbia) Children’s Hospital
BCTF – BC Teacher’s Federation
CADDRA – Canadian ADHD Resource Alliance
CAN – Canucks Autism Network
CLBC – Community Living BC
CYMH – Child & Youth Mental Health, Government of BC
CUPE – Canadian Union of Public Employees
DPAC – District Parent Advisory Council
FSI – Family Support Institute
KMH / KMHRC / Kelty – Kelty Mental Health Resource Centre
MCFD – Ministry of Child and Family Development
MOECC – Ministry of Education and Child Care
MOH – Ministry of Health
P1/P2 – BCCH Child Psychiatry Inpatient/Outpatient Units
PAC – Parent Advisory Council
PAFN – Pacific Autism Family Network
POPARD – Provincial Outreach for Autism and Related Disorder
SET BC – Special Education Technology British Columbia

Administrative Processes

FOI – Freedom of Information Request
HR – Human Resources
HRT – Human Rights Tribunal
OIPC – Office of Information Privacy Commissioner
TRB – Teacher’s Regulation Branch

Loosely Grouped

DX – Diagnosis
IFL-identify first language
PFL-person first language
ND – Neurodivergent / Neurodiversity
NT – Neurotypical
PWD – Person With a Disability

ABA – Applied Behavioural Analysis
ACC – Augmentative Assistant Communication
AT– Assistive Technology
B&M – Brick and Mortar School (A physical building where students attend)
CBT – Cognitive Behavioural Therapy
CPI – Crisis Prevention Intervention
DL – Distance Learning
DSM-5 – Diagnostic and Statistical Manual of Mental Health Disorders (5th Ed.)
FI – French Immersion
FSA – Foundation Skills Assessment
HS – Home Schooling
IQ – Intelligence Quotient
ISP – Inclusion Support Program
LS – Life Skills
LSS – Learning Support Services
NSS-Nursing Support Services
OL – Online Learning
Psych Ed – Psycho-Educational Assessment
SE – Supportive Education
SEL – Social Emotional Learning
SPED – Special Education
TIP – Trauma-Informed Practice
UDL – Universal Design for Learning

EAL – English as Another Language
ELL – English Language Learner
ELL – English Language Workers
ESL – English as a Second Language


2E – Twice Exceptional
AS – Autism Spectrum
ADHD – Attention Deficit Hyperactivity Disorder
CAPD – Central Auditory Processing Disorder
CNP – Complex Neuropsychiatric Profile
CP – Cerebral Palsy
DCD – Developmental Coordination Disorder
DD– Developmental Disability
DS – Down Syndrome
GAD – Generalized Anxiety Disorder
FASD – Fetal alcohol spectrum disorder
HH – Hard of Hearing
ID – Intellectual Disability
LD – Learning Disability
OCD – Obsessive Compulsive Disorder
ODD – Oppositional Defiance Disorder
PD– Physical Disability
PDA – Pervasive Drive for Autonomy (Pervasive Demand Avoidance)
SCD – Social Communication Disorder
SPD – Sensory Processing Disorder
VI – Visually Impaired

Designation Categories

A – Physically Dependent
B – DeafBlind
C – Students with Moderate to Profound Intellectual Disabilities
D – Physical Disabilities or Chronic Health Impairments
E – Visual Impairments
F – Deaf or Hard of Hearing
G – Autism Spectrum Disorder
H – Students Requiring Intensive Behaviour Intervention or Students with Serious Mental Illness
K – Students with Mild Intellectual Disabilities
P – Gifted
Q – Learning Disabilities
R – Students Requiring Moderate Behaviour Support or Students with Mental Illness

What You Need to Know About the Teacher’s Regulation Branch -Decision Letters (Professional Conduct Unit)

  1. The decision from the Commissioner if final and binding. There is nothing you can do to change it no matter how wrong you think it may be.
  2. You have two options after you receive the decision letter. You can either apply for a Judicial Review through the BC Supreme Court or file a complaint with Ombudsperson.
  3. For a Judicial Review there are a few things to note. As noted in this document from the BC Supreme Court on Judicial Reviews.

Page 3:

This is a look at whether the Commissioner errored in law and how it was applied. Not about the actual decision.

A Human Rights Lawyer told me that Judicial reviews are very risky as very rarely do the complainants win. The respondents can and will apply for costs to have their legal fees paid for. You as the parent will then need to pay. Legal fees can be tens of thousands of dollars.

I HIGHLY encourage parents/guardians who are considering this route to consult with a lawyer. The $500 you spend on a consultation fee may save you thousands of dollars in the end.

4. Next option is Ombudsperson BC. The chances of them conducting a review are very slim. Please email me if you would like more details or tips or how to get your case at least to an investigator. Ombudsperson will also not look at the decision, but looks at the process. They track every attempt at a complaint, so even it yours doesn’t make it to an investigator, your intake form alone is helping. Your arguments to them are going to need to be grounded in administrative fairness.

I have asked the Ombudsperson separate the TRB from the Ministry of Education in their annual data reports, so we can track how many people are filing complaints against the TRB, as they refused to disclose this information in a Freedom of Information request. They seemed receptive to the idea, so I’ll be watching their annual report coming out this to year to see if my request was accepted. If not, I’ll follow up.

5. Right now, if someone asked me what they could do with decision letters that they know are not right. I would tell them, to please consider filing with Ombudsperson and go through the process, even if the chances of success are slim. We need to let them know that we are not satisfied with the TRB and Ombudsperson determines what needs are out there, based on whether people are filing complaints or not. So, your voice on this does matter.

Please consider providing feedback to the Ministry of Education.

Also, please consider contacting me. There is a wider much larger project that I am working on, and I would love to hear other people’s stories.

6. Getting your complaint to a consent resolution is slim. Right now the most recent stats from the Commissioner’s office reveals that from April – June, only 7% made it to a consent resolution.

It sounds like a dead end. What’s the point? Here it is. When we file complaints they stay on the certificate holder’s record. If there is more than one complaint and they build, the chance of success increase. You are basically filing to help out the next parent or the next child. And, who knows…maybe this isn’t the first time that someone has filed a complaint and yours will actually be successful.

If we say nothing and don’t speak up, it helps no one. It’s like it never even happened. Don’t get your hopes up. Manage expectations, but file with the TRB, and then file with Ombudsperson. Oh and then call me and blab all about it. I’ll make your effort worth it. You’ll be part of a larger story. 😉

Advocacy Summer Camp

Hello Parents.

Welcome to advocacy summer camp. You have two months to get in advocacy shape for the upcoming school year in the fall. Well….technically you don’t have two months, advocacy is a life long learning journey, but it’s more of a reflection of the sense of urgency we all feel when our kids are struggling.

If you are new to advocacy and are wondering where in the world to start, here is your summer reading.

Let’s start here. With information. The more you know, the better you will be at advocating for your child.

Start with Your District Website

  1. What are their policies from the Board of Education?
    1. Each district will have a Board section with lots of policies around suspension, restraint/seclusion, anti-ableism, assessments, etc. Not every district will have the same type of policy.
  2. What are their documents around conflict resolution path?
    1. Most districts will have documents on HOW to resolve conflicts within your school. They have a path they want you to take based on hierarchy. Know that if your concern is serious, you can jump and skip steps.
  3. What is the appeals process?
    1. Everyone can submit an appeal to the Board of Education, and it should be outlined on your schools website. You can also find it referenced in the School Act. Section 11.
  4. What is your districts code of conduct?
    1. Read the district code of conduct. Also be aware of Section 177 under the School Act. There is no appeals process if this happens to you.

District websites can be a maze. A complete maze. Keep going.

Look at Provincial Manuals and Acts

  1. The School Act
  2. The Teacher’s Act
  3. FIPPA (Freedom of Information and Privacy Protection Act
  4. The Erase Website
  5. Special Needs Manual
    1. In this Manual (first page) there are links to the Special Needs Order, Individual Education Plan Order, Student Progress Report Order, Support Services for Schools Order
  6. Diversity in BC Schools Policy
  7. The Multiculturalism Act
  8. The Human Rights Code
  9. DPAC Parents manuals on advocacy and policy
    1. There are LOTS of information and manuals on this site.
  10. The complete list by the Ministry of Education, including homeschooling and online learning

Legal Cases in Education

  1. Link for education cases
  2. CanLii
    1. For instructions on how to research your own using CanLii scroll to bottom of the page.
  3. Education Law

What are my External Organization options?

  1. Professional Conduct Unit / Teacher’s Regulation Branch
    1. Here is my tip sheet on how to file a complaint
  2. Ombudsperson
    1. Here is my info sheet on more details
    2. Fair Schools Report
  3. Office of Information and Privacy Commissioner
    1. When you submit a Freedom of Information request with the school. If you feel you are missing information or they have redacted too much, you can submit a complaint and they will review it and investigate.
  4. Human Rights Tribunal
    1. Human Rights Clinic (lots of information, blogs, free education workshops, services)
    2. Here is my tip sheet.

Where Can I go for Advocacy Help?

  1. Inclusion BC
  2. Family Support Institute
  3. Dyslexia BC
  4. BCEdAccess to Education – Facebook group and website
  5. Independent Service Providers for advocacy support and counselling (email me and I’ll refer you)
  6. Legal Help
  7. Dial-A-Lawyer
  8. If you want a specific Education Lawyer – email me, I can refer you.

What about the Process of Advocacy?

  1. How to deal with silence
  2. Advocacy tips
  3. When going to the media, be careful of defamation.
  4. Most school districts have a retainer with Harris & Co . Be aware that their lawyers may be reviewing your emails way earlier than you think.
  5. **** I HIGHLY recommend you get support, and I REALLY encourage people to consider joining the BCEdAccess Facebook group with over 4,500 parents who have a vast knowledge of advocacy and insight and support. You are not alone. You don’t need to do this alone.

This page was last updated on July 21, 2022.

IF anyone has any more information of manuals that they feel belong on this list, please email me and I will update it.