Human Rights in Education

Depending on how the previous years have gone, thinking about the next school year can certainly trigger our own internal alarm systems. Fighting for inclusion, a fair and equitable education, and one that is free from discrimination for our children, can be challenging at times. It can feel like the system is against us. Remember that there are pockets of positivity and support that also exist. Knowing your rights and the rights of your child is especially empowering and can help reduce some of the anxiety.

 Inclusion seems to be happening on an individual level by luck and chance around our province, and not systemically. We are all crossing our fingers that our kids win the ‘lottery’ and get placed in the classes of those amazing teachers who just “get it”. 

But we don’t need to just hope to survive the year based on luck. 

Understanding your child’s human rights in the education system and advocating with those in mind is an extremely powerful approach. The more you understand how the duty to accommodate applies to your child in school, the stronger your advocacy impact will be, and the more empowering the experience can be. 

It is not uncommon for school staff and teachers to not fully understand how human rights apply to education. It isn’t something that they are taught before, or when, they begin working in the system. 

Wondering if your disabled child is experiencing discrimination at school, all comes down to the question: Is your child “accessing their education, equitably”? So, what does that mean exactly? 

It means they have a right to an equitable opportunity to receive and participate in education. This does not mean that they are given the exact same as everyone else. Equity means that they are given what they need so they have a chance to learn and show their learning. 

Here are some examples of your child’s rights that are supported by the Human Rights Code, under the duty to accommodate:

  1. Your child’s IEP supersedes a teacher’s classroom autonomy and classroom management decisions.  Which means, your child’s IEP is the priority over their personal teaching opinions and how they like to run their classes. IEPs are very important. 
  2. Your child has a right to go to school and not be exposed to discrimination-based harassment. (Bullying connected to their disability, race, gender, etc.)
  3. They also have the right to be in a positive school environment.
  4. Your child has a right to receive reasonable accommodation so they can access their education. Which means, if your child is struggling or failing, they are not accessing their education and they are not receiving reasonable accommodation. Document the failing and the struggle that they are experiencing. The more evidence you have, the more effective your advocacy will be. A child struggling and failing is an indication that the accommodations that the school provides, or lack of, is not working. It’s their responsibility to make this work.

Here are some examples of your rights and responsibilities that are supported by the Human Rights Code.

  1. You have a right to be consulted on your child’s education. The school has the final decision as to what reasonable accommodations look like for your child, but they must consult with you and at least consider the information you offer about your child. This needs to be meaningful consultation. 
  2. Both you and the school have a duty to co-operate in good faith. Which means respectful language on both sides and no dirty parlor tricks from the school system. I would suggest you review the code of conduct that will be posted on your school districts website, and they need to follow that as well. 
  3. You have a responsibility to facilitate the implementation of accommodation decided by the school. You can facilitate and still keep advocating. 

Through the School Act, you have a right to appeal if you do not agree with the final decision of the school. This is a much faster process than the current Human Rights Tribunal process. The School Act and the Human Rights Code are two separate legislation Acts. Processes are different. Goals are different. Outcomes will be different. 

Filing a complaint with the Human Rights Tribunal means that your child has experienced harm that is connected to their disability. It’s about harm that has already occurred, and harm that you will need to have evidence of. More blog posts on this will be coming in the future. 

Advocacy is a skill that can be developed.

Some resources I recommend are:

Inclusion BC – Chapter 7

Family Support Institute & BC Access Society – Toolkit

Family Status Protection

BIG NEWS!

For parents who are concerned about losing their job due to parent responsibilities of raising their children, this is a step in the right direction.

Vancouver, B.C. – On Friday, the B.C. Court of Appeal issued a decision that clarifies the circumstances in which parents and caregivers can seek accommodation in their workplaces.

The Court released their decision in Gibraltar Mines Ltd. v. Harvey, a case alleging discrimination against the mother of a young child by her employer. B.C.’s Human Rights Commissioner intervened in the case to address the legal test for family status discrimination in B.C.

‘Family status’ is a protected ground in B.C.’s Human Rights Code, prohibiting discrimination based on a person’s family situation, such as if a person is a caregiver for children or elderly parents. To determine whether family status discrimination has taken place, decision makers in B.C. have traditionally used a two-part test. This test asked whether the employer unilaterally changed a worker’s terms of employment and whether there was a serious interference with a substantial parental or other family duty as a result. The main issue before the Court of Appeal in Gibraltar was whether the law did, in fact, require a unilateral change to terms of employment as part of the legal test to establish discrimination.

Friday’s ruling means that employees can qualify for a workplace accommodation when any condition of their employment has an adverse effect on an important parental duty. Complainants are not required to show that their employer has changed their terms of employment. This is particularly important for parents of young children whose parental obligations may change during their employment and conflict with their workplace responsibilities.”

“The Court’s decision is welcome and is a significant win for gender equality in the workplace in many ways. It is an important step forward, but there remain outstanding issues that need to be resolved to ensure that mothers and other caregivers are able to access the full protection of human rights law.”Kasari Govender, B.C.’s Human Rights Commissioner

For the full release read the HR Commissioners announcement

For more media regarding this:
The Canadian Press
Burnaby Now
Global News

NEW! Dyslexia Advocacy Society of BC has a BLOG!

Woohoo!!!

Dyslexia Advocacy Society of BC Contact us 778-839-1540
Picture of the front page of the blog titled Dyslesia BC Blog, first post: Lets make sure we get structured literacy into BC schools.

Dyslexia BC now has a blog and what are they posting about?

Some upcoming advocacy action. That’s what!

“Next week, starting on April 27, 2023 the British Columbia School Trustees Association (BCSTA) is having their 2023 AGM and they have a motion at the table submitted from the North Vancouver School Board (No.44)  that   is called “Learning Disability (Dyslexia) and Policy/Guidelines for Screening in Kindergarten.”  To help support this motion we have written a letter to the BCSTA Board.”

To read the letters and support the very important motions, visit their blog at Dyslexia BC Blog

How do I not Let you Break Me?

I was listening to a podcast for my corrections class and one of the women who has been incarcerated was crying and sharing her experience of how she refused to let the prison system break her soul. She was worthy of a better life.

Her determination to keep herself going during the most difficult period in her life is something that has been floating around in my thinking.

As an advocate, I have hit a wall.

I feel exhausted.

Mentally and emotionally – pushed to my limits.

Disability management – pushed to my limits.

Close to burnout.

And I have 3 exams to write this week.

How do I not become bitter? Broken? And completely mistrusting?

How do I not give up on people?

I can mostly keep myself afloat.  Looking for the positive. Self-care.  Reminding myself of all the usual things I tell myself that is routed in hope.

My positive cup has been drained by recent events and I am just so fucking tired. More than what I was prepared for. It’s been a long fight.

I must complete a task forcing me to go over every detail with a fine tooth comb. Reliving the details over and over.

How do I keep myself in the game? It’s not over yet.

How do I not let you break me?

An Open Letter to the Trustees of SD35-Langley

Dear Trustees,

I registered for the information session, Tuesday January 31st, regarding AP 355 procedure. At the last minute I was unable to attend due to the physical location of the meeting, but would have been able to attend if the meeting was online. I would like to communicate my concerns regarding your procedure. Even though my children are not in your district, other districts and parents are taking notice and your procedure has wider implications for other school districts to follow with similar procedures.

My concerns include the following:

  1. Potential for misuse. People in positions of power can use policies such as this as stepping stones for wider implications and inferences that leave vulnerable people even more vulnerable.
  2. Age. Other districts who have an exclusion policy have an age minimum of 16. However, this administrative procedure starts at kindergarten. That means some children being impacted by this procedure will be as young as 4 years old. This becomes enforceable on DAY 1 of kindergarten. The “spirit” of your procedure is very different than the other 3 policies I found online.
  3. Costs. There are financial costs to this procedure on families that are not being addressed by the school district. Will parents be reimbursed for their lost wages due to not being able to work for 3 days at a time? Due to systemic issues that are created and maintained by the Ministry of Education and how the public service of education is delivered in this province, it leaves parents shouldering the financial responsibilities and not the school district. Districts can be held financially responsible for human rights violations, lost wages and the cost of outside school programs. What happens here?
  4. Appeals. I have concerns that there is not already an established separate appeals process that is not a very cumbersome time consuming section 11 appeals process.  
  5. Delivery. I have concerns in which this information night was delivered. It could have easily been on zoom so that families with disabled children could access the information.  The barriers were evident and did not go unnoticed by the families who could not attend.  Due to the small number of people who were able to physically attend the information session, compared to the number of concerned members of the disability community who were interested in attending, the small “sample size” group who attended, you will be unable to make inferences to the larger population and feel that you fully understand everyone’s concerns.  It fulfills checking off a box on your to-do list, but little else, and I implore you to consider further community consultation via online as well.
  6. Reporting. Will there be reporting expectations from the district admin to the board so there is oversight? How often will these reports be expected to be reviewed and is there going to be a public anonymous quantitative data reporting system for transparency and legitimacy of your procedure? If you say this procedure will benefit the families for accountability, how will you be demonstrating that to the public that with evidence?
  7. Vague terms. It concerns me that there is a lot of vague undefined terms in this policy with no reference. Acts have definitions. For example, What does “exceptional circumstances” mean?
  8. Legal consultation. Will the school district be accessing their lawyers for legal consultation during the implementation of this policy? Will parents have the same access to legal consultation?
  9. Human System. Education is delivered through the means of a human system, designed and maintained by people. It is flawed and socially constructed by people who don’t often experience oppression. We are also in a state of educational crisis with severe staffing shortages and untrained adults working in the system who are not trained teachers or EA’s. The stress level of staff who are working in a system of scarcity and desperation will impact the learning environment and employees emotional regulation. This will transfer to the culture and behaviour of those children who are also navigating this human system. Children are not the creators of the environment that they are entering, they are reacting to their environment. It is recognized that we live in a society that is ableist, racist, classist, and education is delivered through a colonized lens. The children who are struggling to adapt to this system and who are most vulnerable will be mostly affected. How are families supported as they navigate this system that they have no control over? As per the school act, final decisions are the purview of the board and not the parents. Parents are responsible for facilitating decisions made by the schools or they can be seen as not fulfilling their duty to cooperate in good faith and human rights complaints will be dismissed. If parents disagree with the methodology that is being forced on their child, what is their recourse that will not risk their employment or make them homeless as they cannot pay their rent due to extended exclusion?  There are bound to be cultural and/or philosophical framework disagreements as professionals who work in disability education cannot even agree on appropriate approaches for specific disabilities and these disagreements even within these professions can lead to fierce emotional debate.  For example, Autism and Dyslexia.
  10. Diagnosis. Not all disabilities are even identified or screened by education staff, therefore many children are not even appropriately diagnosed. The mental health profession is understaffed and extremely stretched very thin with many people not being able to access supports until they are in extreme crisis, and even then the needs are just to high. In a failing system, with so many children falling through the cracks, how does this policy ensure that the education system is adapting to the needs on a macro systemic level? Does the Ministry of Education support this policy and do they plan on providing the school district with funding to ensure that children are accessing education in equitable ways? Will the Ministry of Education ensure that TOC’s will be provided so staff can have time to meet and consult with the appropriate professionals? And on that note, is the BCTF on board with this policy and 3 day cap? If the expectation is meetings are to be taking place and plans designed within 3 days, in the union on board with ensuring their staff are aware of their expectations? How will further professional training be provided to reduce the need for this policy to even exist?

Your responsibility in creating a procedure that doesn’t cause harm is very heavy. Please do not speed along the process. Please take into account the very community that you think this policy will benefit and that means a lot more consultation with community and collaboration with external non-profit organizations who advocate for vulnerable families.

If this procedure is discriminatory or harmful, external organizations will end up being involved in the process eventually and it will cause more harm and stress for everyone involved: school staff, parents, and most importantly the children. As young as 4 years old, on DAY 1 of kindergarten.

Sincerely,

Kim Block

Here is a link to their information and admin procedure link

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.

Ministry of Education & WILFUL BLINDNESS??

Can the Attorney General intervene with the Ministry of Education over Wilful Blindness??

Legal term – Wilful Blindness: “The Supreme Court of Canada held that wilful blindness is best described as “deliberate ignorance” and emphasized that it should be treated as a state of mind that is equivalent to actual knowledge.” & “Wilful blindness…involves no departure from the subjective inquiry into the accused’s state of mind which must be undertaken to establish an aider or abettor’s knowledge.” (Verdon-Jones S, 2020, p.98)

  1. Deliberate Ignorance of Case Law Regarding Counselling Notes

I emailed the Ministry of Education and their Legislation department on October 27th, 2021 and informed them of a gap in their legislation connected to counselling notes, and an order from the OIPC (Office of Information Privacy Commissioner) and the upheld decision of such an order by the BC Supreme Court.

I have blogged about it.

The Ministry of Education ignored my multiple emails and my attempts at communication. I filed an Ombudsperson complaint in early December, which forced them to communicate with me and on March 7th, 2022 we finally had a conversation. They acknowledged the gap in the system.  They have been aware for 7 months and so far…I haven’t seen or heard of any changes. The Board of Education has also been aware since October 26th, 2021 and I have not seen or know about any attempts at updating policy to reflect case law, which the Ministry of Education states is their responsibility.  They are also ignoring my emails regarding this topic.

  • Deliberate Ignorance of Human Rights Violations across the Province

Due to a Freedom of Information request and a phone call with the finance department it was revealed that the Ministry of Education isn’t tracking human rights violation financial data that are occurring across the province. The Freedom of Information on the financial implications of such complaints had to come from the Ministry of Finance. Talk about deliberate ignorance.  I have also written a blog about this topic.

  • Deliberate Ignorance in the Professional Conduct Unit department. (Formerly – Teacher’s Regulation Branch)

I have emailed the Ministry of Education, the Executive Director of the TRB and the Commissioner. I have raised serious issues regarding their process and their legislation and the connection with Ombudsperson. They refuse to respond or discuss these issues. I am not telling them their welcome mat is crooked, I am telling them their house is on fire. They undemocratically responded by closing the door. There will be an upcoming blog about this. It’s been over a year and processes are still occurring with Ombudsperson regarding these issues. More to come about this later. Last year I blogged about a call for fair process. Since then, the story gets deeper. For those who need some inside tips on the process, here you go.

  • Deliberate Ignorance of Educational Malpractice

When I presented the Ministry of Education with a document containing evidence of my allegations of educational malpractice, they referred me to Ombudsperson and the Teacher’s Regulation Branch. Both due to systemic and legislative reasons were dead ends. When I went back to them, they apologized and said there was nothing they could do. It turns out there are no avenues for accountability in the education system regarding educational malpractice. Nothing.

What are we supposed to do when we have a government body refusing to uphold case law, deliberating ignoring human rights violations, closing the door of any conversation related to systemic oppression, and having no accountability system for allegations of malpractice?

Anyone have any ideas?????

I’d love to hear them.

Seriously.

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References

Verdon-Jones, Simon N. (2020). Criminal law in Canada: Cases, questions, and the code. (7th edition). Top Hat.

What Does Ableism Look Like in Schools? It Looks Like This!

When a teacher daily allows a student with a learning disability to fail their class, but does not even lift a finger to inform the case manager or parent, that is ableism and its discrimination. Disabled children failing, falling behind and being excluded without accommodations have become the normality of the education system. It’s so common, it is woven into the fabrics of the system.

They just invisibly slip through the cracks, while a detailed IEP sits in a student database system collecting digital dust.

The fact that the Ministry of Education intentionally doesn’t even track information regarding the human rights violations that are occurring across the province is an example of ableism. Disability issues don’t affect them, so they have the privilege to ignore it. Want to know how to systemically keep a marginalized group of people oppressed? Keep them off your radar to begin with. OH…and by the way…the group the people the Ministry of Education are intentionally oppressing, are disabled CHILDREN and their family unit.

What is even more profound is that these teachers who are discriminating are caring people. They love teaching and are inspired by the creations of their students. We think ableist teachers are lurking somewhere in the dark with DON’T CARE tattooed on them, when in fact that simply isn’t the case. When children are ignored and neglected in the education system by good teachers, that is obvious discrimination at its finest. The “other” students get their gifts, and the disabled students get left alone, left behind, and just….left.  There are lovely people out there in the world completely unaware of their own biases and the normality of disabled children failing, just blends in with the wall paper.  It’s not even a big thing. It’s just something that happens. Shrug.

This is very common in the education system, and the ableism these kids experience is then internalized, becomes part of their self-concept, self-esteem and identity. Want to know why kids turn to drugs and crime? Failure in the education system has been proven to be foundational in many of the peer reviewed journal articles. IT’s not that we do not know. It’s not that more studies are need to be done. We have all the information. Government is just biased, ableist and discriminatory and this shows in their government run and funded education system. It oozes out of the pores of all 60 school districts. It’s not obvious to the people who are not impacted by it. You need to look at the system and not just focus on what is there, but what is missing. Who is missing?

We need to flip this education system upside down and inside out. The future of their lives and our society depends on it.

Ministry of Education- It is time for anti-ableism leadership from your government.

Are we on your radar? Or will we continually be swept under the rug?

Why a Diagnosis?

I worked as a school secretary and one day one of the teachers needed support from the principal for one of her students in the class. The principal was new and so she quickly went to the student files, plucked out the child’s file, flipped through it to make sure there wasn’t something she needed to know and then flew off to the class.  I realized in that moment that I should have something written confirmed by my child’s professional of their diagnosis, and not just have this info in emails and verbal conversation. If anything happened at the school, a staff member would check the file and they would be aware.  Wow, I have been SOOOOO thankful that I had that exposure and followed through in making sure that documents were in place for both of my children.

As you can see HERE on the BC Human Rights Clinic page they state:

In a case called Matheson,[4] Ms. Matheson filed a human rights complaint alleging that she was subjected to abusive behaviour from a supervisor. She had a history of anxiety and panic attacks as well as depression. On two occasions during her employment, Ms. Matheson informed her employer that she was suffering from “stress.” 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.” Click HERE for her case.

Matheson’s case was dismissed because she did not inform her employer (school district) of her disability.  If we do not have a written diagnosis in their student file with the school, as a parent if you file a human rights complaint, the respondents (school district’s legal representation) will cite the Matheson case and your human rights complaint will be dismissed.

We have got to get our kids formally officially diagnosed by proper professionals or your child has no legal human rights ground to stand on.

We need this diagnosis for the following reasons:

  1. Legal human rights processes
  2. Application for disability tax benefits (if applicable)
  3. Navigating the health system for proper medical care
  4. Advocacy in the education system for proper accommodations
  5. Social and emotional reasons – so parents are not blamed for having poor parenting skills and they are able to find other parents who have children with the same disabilities and get support.
  6. For the child – so they understand why they are having specific challenges and they don’t blame themselves for the wrong reasons. For acceptance and self-esteem reasons.

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

Here is the wisdom, lived experience, and reflections from parents of children in the education system across BC. Thank you to all who were willing to share.

It’s a diagnosis not a label. I find once my kids knew why things were hard they stopped labelling themselves “stupid, lazy, dumb.”

  • Anonymous

I think a diagnosis helps us to know ourselves….better. it’s been a breath of fresh air to me personally and has helped me forgive myself a bit easier. It’s also helped me identify things that work and don’t work.

On a wider societal scale: .for ADHD, there’s so much stigma, misinformation, out there it’s hard to feel comfortable disclosing..

I ask myself why would I hide my identity/diagnosis? Why do I feel so scared of sharing?

Obvs cuz we are likely to be met with incredulity of “you aren’t that disabled” or they treat you as less than, and that is hard because-as XXXXX said they have power over us.

What they do with that information is the concern….the biases that come into play when they have that information in hand.

But I also know that being loud and proud and dispelling the myths of the neurodivergence I personally have, perhaps can help open the doors for folks around me.

However, I don’t speak from an intersectional voice (I mean not just “being female”). And as such I hope to be an ally to those who do and amplify their voices.

Because there’s even more work to be done there.

My hope is one day everyone can be loud and proud about themselves.

  • Chantelle Movay

And yet WHY should we have to make our private medical information public/known to people who have power over us in order to get support and accommodation? The idea that we have to out ourselves to be able to make a claim is problematic.

  • Anonymous

Our son was diagnosed in 2018 and since then we have seen a world of difference. Because of his formal diagnosis, we were able to get him the support he needed at daycare (1:1) and now in school. He lacked social skills and would only parallel play with his peers but because of his Supports & EAs he has flourished and now plays really well with his peers. The diagnosis has also given him access to speech therapy within the school, an IEP and other tools/resources to help him succeed.

  • Elena Lawson

Human Rights expects this in order for you to be entitled to accommodations. I know that is why it is critical and needed. As for my own child, in general professionals have never been able to give accurate recommendations. People can see “autism” and think they know what my son needs. But then surprise PDA, you actually don’t know shit.

  • Anonymous

I am relieved that you bright this to light. Accommodations and supports/ language/ professional and so on will never be enough. For our family it has been lifesaving – literally. We have found the most inspiring family’s that we could ever ask for. I am grateful for that. 😊

  • Anonymous

Having an early diagnosis for our older child led to assessments and diagnoses for all of us. That has led into participating in groups with others who started traveling the road before us and getting recommendations which, we wouldn’t have heard otherwise. I can’t imagine what family life would be like for us now without that first diagnosis and learning about other options to parenting from mainstream expectations. It’s hard enough as it is, but that would have been awful. In fact, I’m not sure our marriage would have survived. I’m not sure how my partner would have survived mental health crises. Having diagnoses has led to support options through their online school which would not have been available otherwise and which we wouldn’t have been able to provide out of our own limited finances.

  • Anonymous

We had our youngest diagnosed in grade one despite all the comments of “don’t give her a label” from relatives, friends and school admin. It was by far the best thing we ever did to put us on a path of understanding and acceptance. It has led to success in academics and my daughter has become a strong advocate for her needs. There are still some road blocks because of the severity of her Learning Disability but she is well equipped to find solutions to her issues.

  • Cathy McMillian

Without documentation of dx, we run the risk of trying to reinvent the wheel every year. Let’s channel the energy and hopefully the enthusiasm to what works. As well, if everyone could get accommodations by saying junior needs extra time or a scribe or oral exams …. We have to have a measurement or standard

  • Shannon Saunders

Socio-economic privilege provides access to diagnosis. Families in lower classes, disproportionately single parent households, are not provided with this same access. There are additional attitudinal barriers and medical bias that plays into even accessing the inequitable public system, along with personal barriers that are not supported (eg. difficulty navigating fragmented systems). BIPOC children are more likely to be written of as a behavior or family problem, without access to robust multidisciplinary assessment. Assessment and diagnosis are important for many many reasons. But using it as a gate to equity and support puts our most vulnerable families at risk.

  • Anonymous

A diagnosis made it easier for my child to qualify for accommodations in university. Without those accommodations he would struggle to succeed.

  • Anonymous

We missed out on so much due to lack of knowledge of dx and teen attempting suicide and spending 3 weeks in hospital as a result. I’m soooooo very mad at family doctor, psychiatrist, walk-in-clinics, counselors, school, and MCFD. Since dix, I have learned so much more

  • Anonymous

I value this as a way to deflect personal views..refer to medical i always said..but had teachers say we are the professionals..sigh..and another district learning support principal say we dont need reports to know what your child needs..had psychologists come to school to vocalize need..no go on supports..went online..but if we wanted to fight. Yes. Diagnosis would help. Thanks for your efforts..i feel our situation was uniquely bizarre..but sought to leave ir rather than put our girl as psychologist recommended.take her off the battleground..

-Anonymous

The arguing over why certain things were happening and why our child’s behaviour was being blamed on a personality flaw at school was putting our marriage under incredible strain. It was eating away at our son’s self esteem and identity. Once we got a diagnosis everything changed. Not only was he diagnosed but it led to my husband being diagnosed. We all understood and could learn and advocate. The blame and guilt game ended. Proper diagnosis is so essential for life.

  • Anonymous

long story short having documentation changes much of nothing when it comes to public school system. At the end of report from psychologist was around 10 recommendations, a big one was my kid needing 1:1 ea, bell to bell, never happened. Another was he should attend full days of K, never happened. That during school work he should have someone to scribe and or read for him, that happened when convenient for staff. Basically none of the recommendations were used. I had a OT spend an entire day at school, he had lots of good ideas and he too had recommendations, school didn’t follow any of them. His IEP, really was a piece of paper that brought in funding to the district. When my kid was in gr 5 he was at a gr 2 level academically, they tried telling me he was grade level. They say what you want to hear, when your gone, well sadly kids are not treated very well.

They destroyed his self esteem. Two mths in gr 5 I pulled him out of public school, he is about to graduate in a couple weeks and with his Dogwood diploma and he is a A/B student. All of his success no thanks to public school.

Anonymous

Top 10 Shocking Education Advocacy Discoveries

  1. The Ministry of Education doesn’t track how much money districts are spending of tax payers’ money on lawyers’ fees to fight disabled children in human rights complaints. They don’t know how many human rights complaints are being processed by each district, how much settlements are…nothing. Not even on their radar. Click HERE .
  2. Ombudsperson doesn’t look at the decisions school districts make; they just look at the process. If decisions are made as a group, they are not accountable for the actual decision. SO, if they plan to rob the bank together, they are good to go.
  3. Ministries cannot testify against another government ministry in a human rights complaint. So, if your child was receiving counselling from the MFCD, they cannot testify that the damage was caused by the education system. If you could afford a paid counsellor at $120 per hour, they are allowed to testify.
  4. When you are missing documents from a Freedom of Information request, and the Office of Information and Privacy investigates, you need evidence that the document you are seeking exists. Witnessing someone write notes, isn’t enough. So, you need the documents to prove that you are missing the documents. Catch-22, that they fully acknowledge and are aware of.
  5. When filing a complaint with the Professional Conduct Unit, the certificate holder has the last word. You will never know what statements they make, even with an FOI request they will block you and site Section 22. When the OIPC investigate, the ministry will refuse again, and then your only option is to make a request to a judicator. The wait is 2 years, yet you have 60 days to file with the BC Supreme Court to contest it. The certificate holder can say anything they want and you will never get an opportunity to provide more evidence after their incorrect statements. If you experience retaliation, your only course of action is to file a complaint again, and go through the whole thing all over again.
  6. If you file with the Professional Conduct Unit against a certificate for lying/misleading the commissioner, the Ministry of Education will say it will be processed and the commissioner will say it’s not in their jurisdiction.
  7. The Ministry of Finance will block all Freedom of Information requests related to information connected to your child and the risk and litigation department.
  8. Even with case law from the Supreme Court of BC that requires legislative change, school boards and the Ministry of Education requires Ombudsperson complaints just to force communication regarding such legislation and policy.
  9. Our court system will most likely throw out any lawsuit against a school, as the court system doesn’t want to open the flood gates of parents suing. They know the system won’t be able to process and take on the number of cases. So, not only are you guaranteed to have your case tossed, but the district can then ask the courts to make you pay their legal fees.
  10.  Teachers, support staff and parents are all reporting that the education system is at it’s worse than it has ever been compared with 10, 15 years ago.  Resources are stretched so thinly. EA’s now have way too many students at one time. The finance department in the Ministry of Education says that schools have never been this healthy… AND they believe it.