Tag: ableism

Barriers! Barriers! Barriers!

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.

    Welcome to a New School Year

    Parents tend to be excited that the school year is starting. Commercials poke fun at the idea of tired parents excited to send their kids back to school. Do we all remember that Staples commercial with the Christmas music playing “the most wonderful time of the year”, parents beaming, collecting school supplies? I do.

    Preparing for another school year, for parents of kids with disabilities is different. Mixed emotions. Fear is one of them. We know we may be facing the verbal minefield of navigating conversations with district administration and processing the non-death loss over and over again when we feel that school hasn’t turned out the way we thought it would.

    We have had to make peace and accept we have become people, we never thought we would be, all in the name of advocating for our children, as we felt pushed to “jump the shark”.

    We try to “get ready” mentally…emotionally, for the upcoming year. Always wondering when the next issue or incident is going to appear.

    The education system is not designed to support inclusion. All those involved are set up to fail. It’s a hit-and-miss situation. Some kids experience it, and some don’t. For the teachers who are in the fight, standing along side of us, but are muzzled by the system to not speak out. We know you are there. We feel you.

    These are the cards we have been dealt.

    So what do we do with it?

    Human rights advocacy is our strongest form of advocacy. It has the strongest teeth. The parents who have navigated through the system have made personal sacrifices to bring these decisions to fruition.

    By using case law, hopefully, a parent(s)/guardian will not need to enter the system to begin with.

    The Human Rights Code and the Duty to Accommodate is both our shield and our sword. Understanding the school’s role and responsibilities and our role and responsibilities is key.

    Duty to Accommodate
    Understanding Exclusion

    School are required to remove barriers and continually monitor students and adapt. Never giving up. Always trying to remove the barriers. They need to investigate what those barriers are, if we tell them our child is struggling.

    We have some hope on the horizon.

    The BC’s Office of the Human Rights Commissioner has started a campaign called Rights in focus: Lived realities in BC

    Education inequalities is highlighted as the #2 issue. To read more about the education section you can read the report. Raising these issues and making them public will not mean that our issues will go away. Changes in human systems are painfully slow. And while we wait….harm is being done. But this is what is required to create social change. We need to do the slow consistent work of changing hearts and minds. And while we do this heavy lifting, we are weathered by it. But every little step we make and every little advancement all adds up. The little things do matter. They matter immensely. The little things are actually what leads to change. All of us. Lifting at once.

    There are clearly financial costs to human rights complaints in education in BC. There are also financial costs that go beyond just the lawyer’s fees and settlements for society at large. There are social, societal and human costs too. Raising awareness of these issues is step one. I am very excited that these inequity issues are being highlighted by the Commissoner’s Office.

    We need to get loud.

    Doing this by ourselves is exhausting. This is why having a support system, network, and having organizations elevate our voices is exactly what we need.

    To all of the fellow parents out there, getting ready for another school system….I feel like we need a group hug.

    “May the odds be ever in your favor” – The Hunger Games.

    New Education Law Page

    There aren’t many education cases that make it to a hearing through the BC Human Rights Tribunal process. Especially in BC. However, every time they do, they advance the Human Rights Code in Education.

    To the families who pursued their cases, not everyone had a “win” for themselves personally, but our community won. It is because of all of you for having done the hard emotional labour and sometimes at huge financial costs, that our kids have hope.

    Only three of the cases listed on this page received a settlement.

    However, these cases have left a legacy of advocacy tools for parents. These cases are the only advocacy tools that really have “teeth”.

    Click here to read the new Education Law page on my P.A.T.H (Parent. Advocacy. Tribunal. Help) website to read these top cases.

    Large dark green oval, with white letters that read P.A.T.H Parent. Advocacy. Tribunal. Help.

    “Jumping the Shark”

    As I look back on my educational advocacy experience I ask myself…. at what point did I jump the shark? And what was the last straw that made me do it?

    There is a term in show biz called “jumping the shark”. It’s when the TV series, which was doing amazingly well, starts to suck. At what point did the show “jump the shark”?

    I think of jumping the shark in terms of our experience in education, when we realize what we hoped was going well, actually isn’t. When things take a turn. Reality sets in. In terms of advocacy, it is at this point in time we stop being doormats and prioritize being “nice”. (And really, advocating doesn’t mean ripping the skin off people’s faces. We can be respectful, and maintain civility.) Sometimes that means contacting district administration and filing external complaints if necessary. But the days of head nodding are over.

    Parents naturally want a good relationship with their child’s school.

    No parent wants to feel unwelcome. A troublemaker. Causing people discomfort. I never in my life could have predicted our family’s education experience when my children started kindergarten. Never. If someone told me 10 years ago, this is how things would be, I wouldn’t have believed them.

    I am someone who is very sensitive. I know that about my own neurodiversity. If I mentally don’t feel well, I feel it physically. In big ways.

    When I first started filing Teacher Regulation Branch complaints, of which I filed 4 of them at the start, I broke out into stress hives. They were all around my chest and back, ironically where my heart is.

    I never wanted to see the look of dread on someone’s face when I walked into my children’s elementary school.

    I wanted to have a good relationship with people.

    But here is the thing…

    If you lie to me.

    If you gaslight me.

    If you manipulate me.

    If you ignore my emails.

    You are the one who is breaking the good relationship with me first.

    It’s already over. I just haven’t clued into that yet.

    No matter how much discomfort someone feels around me, the bottom line, my kids come first. I struggle with prioritizing the feelings of adults in the schools over my kids. They are adults with resources and skills to regulate their own emotions. Children who are being discriminated against in school can do nothing but endure. They are trapped. Hoping their parents will pull them out of the quicksand.

    At some point, you just have to see things for what they truly are.

    Behind their smiles.

    We need to snap into reality. Prioritize the physical, mental, and emotional safety of our kids, and just “jump the shark”.

    Head nodding days are over. Hello Human Rights Code.

    Dear Advocates,

    I want to share an important story with you all. I LOVE animal documentaries. Absolutely love them. There is so much information about how life works, by watching and learning from nature. For example, Elephants walk incredible distances, and as they move, they change their environment in major ways. One way is by knocking over and tearing up dead trees that end up falling into waterways. As they do this, there is a fish species that depends on these logs to create nurseries to lay their eggs so they are protected. Without these dead trees in the water, their eggs would be eaten. This fish species is only able to survive because elephants pass through their area.

    Every single person in this group who is part of a PAC, or advocacy organization, if you are supporting someone else in their advocacy efforts, if you are working as a professional, or if you are advocating for your own child, we are all elephants. We have no idea the impact our advocacy is making. We are tearing down dead trees, and just like how the elephants have no idea the impact they are having on this fish species….we will actually never know, truly….how deep or helpful to others our advocacy is impacting. (Hint: schools also systematically do things so you feel you are hitting a wall, and they never want you to know how powerful you actually are.)

    If you are having a day, a week, or a month, of wondering if you are getting anywhere, or you are wondering if what you are doing is pointless. Always, remember the elephants. Your work is having an impact. Conversations change people. You are making a difference. You are helping other people. You may not see the impact immediately or ever, but everything we all do builds. It’s the little things that matter. Keep going elephants. The school year is almost coming to an end.

    NEW DECISION – Tribunal Declares: Parents of Disabled Children are NOT Important to Public Interest

    Here is a blog post that is a must-read!!

    “In a decision on a timeliness application, Parent v School District 2024 BCHRT 113, the tribunal confirms that parents can file a complaint under family status in connection with their child’s human rights discrimination case. I encourage you to read the decision in full.

    They say this is not unique and cite Independent School Authority v. Parent, 2022 BCSC 570 as evidence that this has been confirmed before. The timeliness application was not rejected because the school doesn’t owe “a service” to the parents, as originally stated in a human rights complaint decision, which rejected parents being connected under family status in Habetler obo Habetler v. Sooke School District and B.C. (Ministry of Education), 2008 BCHRT 85

    When you represent your child in a human rights complaint, any money received during a settlement or from a hearing decision will go directly to them. If you have any financial losses due to your child’s exclusion or emotional harm, then you have also experienced an adverse effect. So, parent(s)/guardians, you can submit a complaint just for you.  This is BIG news. It hasn’t been tested at a hearing yet, but your complaint will be considered. It’s confirmed. It’s so possible the tribunal doesn’t even consider it unique.  This absolutely needs to be done within the one year or it will not be accepted because…. And hold onto your hats, we are now moving into the shocking part of this decision.

    Brace yourself.

    The tribunal has declared with this decision, that parents who experience harm connected to their employment because of the discrimination their disabled child experienced at school, is not in the public interest to address this.”

    To read the FULL Blog click below.

    NEW DECISION – Tribunal Declares: Parents of Disabled Children are Not Important to Public Interest

    What really bothers me is that society seems to think it is ok to not have inclusive child care and education and just expect women to exit the workforce and give up their careers to be full-time caregivers and not get paid for that.

    I’d like to know if a parent can file a human rights complaint under family status regardless whether their child’s situation would be deemed discrimination or not, but its discrimination to them.

    1. Do they have a protected characteristic?
      – Yes. Family Status, Sex. (Child has a disability)
    2. Did they experience an adverse effect?
      – Yes. They had to quit school / work / emotional harm (high stress, etc)
    3. Is their adverse effect connected to their protected characteristic?
      – Yes. Their child is on reduced hours, or for other reasons of their own children being discriminated against, they left their work or school.

    Now all we need is a parent who is willing to test the system….

    ADHD, Dyslexia, Dysgraphia – Human Rights Education Case

    This is a new case that was posted on the BC Human Rights Tribunal Website March 26th, 2024. This is a timeliness application.

    I have read through this case and I feel MANY families can relate to the details of this case or various aspects of this case.

    It really deserves a full read, however I have pulled some paragraphs to summarize and give an overview. The analysis of this case by the tribunal member and their determination of whether disability was connected to the harm alleged is really important learning for us parents. It also describes how the tribunal interprets alleged inappropriate accommodations as potential discrimination.

    I am also going to be emailing this case to the Ministry of Education and asking them to explain why they are not screening children in Kindergarten. Dyslexia BC has been advocating for this for years!

    The Parent obo the Child v. School District, 2024 BCHRT 91

    [8] The Child attended an elementary school in the School District from September 2015 until December 2020. He has dyslexia, dysgraphia, and attention deficit hyperactivity disorder [ADHD].

    [9] By the third week of kindergarten in 2015, the Parent alleges that the Child began complaining of constant nausea and experienced diarrhea and vomiting regularly. She states he told her that he was scared to go to school as the work was too hard and he could not do it. The Parent alleges that the Child’s physical ailments were only present on school days and he began resisting going to school, to the extent that he cried all evening before going to school and lay on the floor crying two to three hours before school. The Parent alleges this same pattern persisted throughout the entire time the Child attended the school.

    [14] Around August 2018, before the Child started grade three, the Parent alleges that she asked his teacher if he may be dyslexic. The Parent says that the teacher assured her that her son’s situation was normal, and he just needed to keep practicing. The Parent says that she thought that by raising the possibility dyslexia to the teacher it would prompt the teacher to investigate the issue more thoroughly. The Parent says that she ultimately decided to trust the teacher’s opinion, which resulted in the Child not being appropriately accommodated for his disabilities.

    [15] In September 2018, the School District conducted a functional behavioral assessment of the Child. Based on the assessment, in November 2018 the School District placed him in a literacy intervention group. The Parent alleges the placement was an inappropriate response to the Child’s disabilities.

    [17] In December 2018, the School District created its first Individual Educational Plan [IEP] for the Child. The plan focused on addressing the goals of the Child attending school and managing his anxiety in a positive way at school. It also addressed various ways to increase his reading and writing to advance him from operating at a grade one level. The Parent alleges the IEP did not appropriately address the Child’s disabilities.

    [18] In June 2019, the Parent alleges the Child’s IEP was updated with minimal change. She says that worksheets provided by the school over the summer were too hard for the Child to complete. Once again, the Parent alleges the School District’s attempts to accommodate the Child’s disabilities were inappropriate.

    [25] In mid 2020, at the end of grade four, the Parent says that she realized the extent of the Child’s reading struggles as he could not read instructions or complete any online school without her providing him with extensive one-to-one support. She alleges his reading skills were much lower than the School District had previously indicated. At that point the Parent says she began doing in-depth research on dyslexia and other disabilities pertaining to reading. She then decided to pay for him to attend tutoring with literacy specialists outside of school.

    [31] ……...The Parent stated that she felt incredibly rushed during a less than one hour meeting about the plan for the Child related to the new information and the complexity of the situation. She worried about several educators being involved who did not have training for children with the Child’s learning disabilities and processing challenges.…..

    [34] Finally, the Parent noted her concern that as of grade three the School District had already started to consider the Child as not being a candidate for graduation with a high school diploma.

    [37] In January 2021, the Parent says that the Child was enrolled in a private school equipped to meet his education needs. She says that at the new school, the Child received 45 minutes of OG tutoring at the new school every day with positive effects. By the time her complaint was filed in November 2021, she described him as a “different child” who did not complain about going to school and did not get headaches and have an upset stomach or diarrhea. The Parent says the Child was learning at grade level and was now being given the opportunity to be successful.

    [49] After reviewing the information on file, I have further determined that there is a succession of separate acts of discrimination of the same character that are separate contraventions of the Code extending back to the spring of 2016. I address each allegation in turn.

    [50] The Complaint alleges that on April 4, 2016, the Parent emailed the Child’s kindergarten teacher with his reports that he felt rushed when doing work at school, and despite his best efforts he felt he was too slow in completing tasks. The Parent asked the teacher if there was anything that could be done about this problem. The teacher responded with an acknowledgement that the Child did take his time with his work and appears to suggest that the Parent should reassure the Child that he could take time and not be so hard on himself. From my review of this event, I am satisfied that the Complaint sets out an allegation of discrimination where the Child accessing educational services experienced harms because the School District failed to accommodate the Child and did not meet his educational needs by only telling the Parent to tell the Child not to not rush or be too hard on himself. The harm incurred 12 by taking this action only was the Child not receiving a proper education. I am further satisfied the Complaint sets out an allegation that the School District failed to make sufficient inquiries into the nature and extent of the Child’s disability-related needs in response to the Parent’s concerns. In my view, this inaction caused harm where the School District failed to discover Child’s learning disabilities such that he could then be provided with appropriate accommodations to prevent him falling behind. In my view, the Complaint alleges that the Child’s disability was a factor in the harms alleged.

    [51] The Complaint alleges that in November 2016, the School District’s response to the Child’s reading difficulties was to send home alphabet cards and provide video links for him to work on sounding out letters and creating simple words. From my review of this event, I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs in this manner. I am further satisfied the Complaint sets out an allegation that the School District failed to make sufficient inquiries into the nature and extent of the Child’s disability-related needs as opposed to sending home alphabet cards and video links to address his needs. In my view, the Complaint alleges that the Child’s disability was a factor in the harms alleged. In my view, the Complaint alleges that the Child’s disability was a factor in the harms alleged.

    [52] The Complaint alleges that in the fall of 2017, the School District addressed the Child’s ongoing reading problems by giving him sight cards to take home and providing him with some one-on-one reading support. At this time, the Parent noted her concerns that the Child was merely memorizing the cards and not actually able to spell the words. She also observed that he was guessing words based on pictures. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs in this manner. I am further satisfied the Complaint sets out an allegation that the School District failed to make sufficient inquiries into the nature and extent of the Child’s disability-related needs as opposed to sending home sight cards and providing some one-on-one reading support. In my view, the Complaint alleges that the Child’s disability was a factor in the harms alleged. 13

    [53] The Complaint alleges that in August 2018, the School District’s response to the Parent’s concern that the Child might be dyslexic as he continued to struggle in school was to assure her that he just needed to keep practicing. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs in this manner in response to Parent’s concerns. I am further satisfied the Complaint sets out an allegation that the School District failed to make sufficient inquiries into the nature and extent of the Child’s disability-related needs as opposed to staying the course with Child despite ongoing problems and the Parent highlighting the possibility that he could be dyslexic. Once again, I find the Child’s disability was a factor in the harms alleged.

    [54] The Complaint alleges that In the fall of 2018, the School District’s response to the Child’s ongoing learning struggles was to conduct a functional behavioural assessment and place him in a literacy intervention group. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs by focusing on the behavioural components and not his disabilities. I am further satisfied the Complaint sets out an allegation that the School District failed to make the appropriate inquiry, conducting a psychoeducational assessment instead of a behavioural assessment, into the nature and extent of the Child’s disability-related needs. Again, failing to accommodate the child after a proper assessment is alleged to have harmed him by not providing a proper education. I find the Child’s disability was a factor in the harms alleged.

    [55] The Complaint alleges that in December 2018, the School District created its first IEP for the Child. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs with an IEP that focused on the behavioural components and provided ineffectual learning supports not indicated in the later psychoeducational assessment. Again, the School District is alleged to have failed to make the appropriate inquiry into the nature and extent of the Child’s disabilityrelated needs. It allegedly failed to accommodate the child after a proper assessment resulting in the harms related to not receiving a proper education. I find the Child’s disability was a factor in these harms. 14

    [56] The Complaint alleges that in June 2019, the School District updated the IEP with minimal changes and sent worksheets home with the Child to do over the summer break that were allegedly beyond his capabilities. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs with a revised IEP that has the same issues as the first IEP. A further allegation is set out concerning sending home inappropriate worksheets over the summer. Once again, the School District is alleged to have failed to make the appropriate inquiry into the nature and extent of the Child’s disability-related needs. It allegedly harmed the Child by not providing him with a proper education. I find the Child’s disability was a factor in the harms alleged.

    [57] The Complaint alleges that in September 2019, the Child’s grade four teacher admitted she was unaware of him having an IEP and provided him with grade two spelling lists work as an accommodation of his disability. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs by sending home grade two spelling lists for him to work on. Once again, the School District is alleged to have failed to make the appropriate inquiry into the nature and extent of the Child’s disability-related needs. It allegedly harmed the Child by not providing a proper education. I find the Child’s disability was a factor in the harms alleged.

    [58] The Complaint alleges in February 2020, the School District’s lack of response to the Parent’s concern that the Child was reversing letters on his written tests is an allegation of discrimination. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs in the face of dyslexia symptoms. Once again, the School District is alleged to have failed to make the appropriate inquiry into the nature and extent of the Child’s disability-related needs. It allegedly harmed the Child by not providing a proper education. I find the Child’s disability was a factor in the harms alleged.

    [59] The Complaint alleges on November 4, 2020, that the revised IEP implementing the October 27, 2020, psychoeducational report findings is an allegation of discrimination where it relied on the Parent to organize and pay for the Child’s OG tutoring and inappropriately 15 continued to focus on treating his anxiety. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs with a revised IEP not properly guided by the psychoeducational assessment resulting in the Child not receiving a proper education. I find the Child’s disability was a factor in the harms alleged.

    [60] The Complaint alleges on November 5, 2020, that the school principal was unwilling to guarantee that the Child would receive tutoring from someone trained in OG tutoring is an allegation of discrimination for the purposes of this decision. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by committing to provide him with an appropriately trained tutor necessary to meet his learning disability needs. This resulted in the Child not receiving a proper education. I find the Child’s disability was a factor in the harms alleged.

    [61] To summarize, the materials before me set out a series of discrete allegations of discrimination incidents involving the School District’s repeated failures to appropriately accommodate the Child’s disability over the five years that he attended school within the School District. These incidents involved the trial of various inappropriate intervention activities, inappropriate IEPs and an inappropriate assessment. All these actions attempting to address the Child’s learning disabilities allegedly resulted in harms related to the Child not receiving a proper education. Further, for much of the period in question, the School District failed to make the appropriate inquiry into the nature and extent of the Child’s disability related needs by way of a psychoeducational assessment.

    [65] In concluding there were no significant gaps in this case, I have considered the Parent’s submissions and evidence indicating she was actively engaged in the Child’s education during his time out of school over the years. For example, she participated extensively in the take home activities prescribed by the School District while actively pursuing guidance from his teachers, the school counsellor, and the principal. In my view, the Parent remained very much engaged in the accommodation process throughout the years and this lessens the significance of any gaps between the discrete instances of discrimination outlined above. As an active participant in the School District’s ongoing accommodation of the Child’s learning disabilities, I see less significance in the gaps of months between the discrete allegations. While it is possible 17 to say the Parent had numerous opportunities to file a complaint, the information before me indicates that she was actively engaged as a participant in the accommodation process between events where the issue of accommodation arose, which lessens the significance of the gaps in this case.

    [67] For these reasons, the complaint is accepted for filing as it alleges a continuing contravention of the Code.

    New Page called ADVOCATE HELP DIRECTORY

    You will notice I have added a new page called Advocate Help Directory.

    These advocacy organizations and businesses specifically focus on K-12 education advocacy for inclusion in BC.

    A

    ADHD Advocacy Society of BC
    K-12 Advocacy Info

    Autism BC

    B

    BCCPAC
    Advocacy Info

    BC Ed Access – Facebook Parent Support Group
    Education Advocacy Resources

    C

    D

    Dyslexia BC – offers direct support in school advocacy

    E

    F

    Family Support Institute – offers direct support in school advocacy
    Education Advocacy Toolkit

    FASD Support Society of BC – offers direct support in school advocacy

    G

    H

    I

    Inclusion BC – offers direct support in school advocacy
    Advocacy Handbook

    J

    Jenn Scharf – IEP and advocacy services – offers direct support in school advocacy

    K-R

    S

    Suzanne Perreault – Inclusive Education Consulting and Counselling – offers direct support

    External Complaint Organizations

    Ombudsperson BC
    Professional Conduct Unit (Teacher’s Regulation Branch)
    Human Rights Tribunal BC
    Your MLA

    Self-Advocacy and Victim Blaming in Education

    Certain elements of self-advocacy need to be in place.

    1. The person on some level needs to be accepting of their disability AND be willing to talk about it.

    2. They have to be able to identify when they need help.

    3. They need to identify what they need help with and have the language to express it.

    4. They need a trusted adult who has proved their willingness to listen to them over time.

    5. The child needs to feel heard.

    6. The child needs to feel that this trusted adult will believe them when they say they need help.

    7. This needs to be repeated enough times and be predictable enough for the self-advocate to feel comfortable and safe to advocate for their needs.

    Often school staff will say…..

    Well _____________ happened, but if XXXX advocated for himself, this wouldn’t have happened.

    That is BULLSHIT.

    Children since they enter school are socialized to believe they MUST follow authority or something really bad is going to happen. They think they will be disappointing all the adults in their lives, and kids deep down just want to make their loved ones love them.

    All they want to do is to make the adults (especially their parents but also their teachers) in their lives happy so that they will feel worthy and good about themselves. We need to look at their situation through the lens of a child.

    There is so much systemic ableism, that people don’t want to acknowledge it. If they do, they are now responsible for changing it.

    Learning self-advocacy can take a lifetime. Adults have a hard time advocating. It’s stressful and anxiety-producing for all of us. We need to have realistic expectations for our children. Especially when they are navigating an oppressive system, based on hierarchy, and control. They live in this environment 5 days a week, we don’t.

    We have a human rights decision on our side.

    It’s easy for schools to make us think our kids share responsibility or are responsible for all of it.

    Let’s keep in mind….

    Self-advocacy expectations have been defined by the BC Human Rights Tribunal. In Student by Parent v. School District BCHRT 237.

    [90]           Generally, it is the obligation of the person seeking accommodation to bring forward the relevant facts: Central Okanagan School District No. 23 v. Renaud, 1992 CanLII 81 (SCC), [1992] 2 SCR 970. This can be challenging for children, and especially challenging for children with invisible disabilities. I agree with the Parent that children who require accommodation in their school are in a different situation than adults seeking accommodation. Though they have a role to play in the process, that role will be age and ability-specific, and the burden cannot be on a child to identify and bring forward the facts necessary for their accommodation.

    Family Status – Human Rights Complaints in Education

    Here is some clarity to something that can be confusing when it comes to parents adding themselves to their child’s human rights complaint in education. (Your complaint will also need to pass the discrimination test.)

    You need to file separate complaints. One for your child and one for you. Then, when and if they are both accepted, then you need to file an application to join them.

    As a parent, it makes logical sense in our head to just include ourselves in our child’s complaint because we see everything so connected, but that is not the process that one needs to go through. So, to save yourself some time in further applications and playing catch up, when you file your child’s complaint, also file a separate complaint for you. Wait to see if both are accepted and then you need to file a 7.1 Form to join the complaints.

    Here is the application page. You will want Application Form 7.1 – General Application. If you go to page 2 of 7, on that list, 7th on the list down, you will see “Join two or more complaints”

    It is highly likely that the respondents will be making submissions for them not to be joined, or to dismiss your complaint. So, just mentally be prepared for that.

    Here is the groundbreaking case that brought this option out in the open. So thankful for this brave parent.

    Groundbreaking BC HRT – Accepts Parent on Child’s HR Complaint

    Direct link on CanLII

    You may want to quote this case directly in your complaint.

    Also, keep in mind the one-year time limit for filing. If you file outside of the one-year time limit you may want to consider this case. Also, be aware that you will need to have evidence of the harm related to your loss of work or emotional harm.

    Experience is such a valuable teacher.

    If you have any questions, call the BC Human Rights Clinic. They are the best people to talk to about your complaint or any questions about the process. Processes do change, forms change, and with each new human rights case decision that gets posted – arguments can change. (This blog was written on Dec 21st, 2023)