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.

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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

The Scary Parent

To get us into the spooky spirit this week I present…

A true scary school tale in advocacy called The Scary Parent.

(I highly recommend you read this blog in the dark with a flashlight…or better yet, sneak into your kids fort and read it in there.)

I love spy movies.

Information is so valuable. People risk their lives for it.  The power people have because of information cannot be underestimated.  Information is knowledge and knowledge is POWER.

So, parents…what’s our power?

We know A LOT of information. (Insert evil laugh track)

We know A LOT.

There are Facebook groups out there where parents share stories, tips, resources and yes…education advocacy information.

This is terrifying news to school districts.

In these Facebook groups, policies are shared, laws and cases get posted, advocacy tips are offered and email examples are suggested. It’s pure group synergy.

There is only one rule about the Facebook group.

We don’t talk about the Facebook group.

Kidding…WE TALK ABOUT IT A LOT. (Rewind evil laugh track and press play again)

Now, here is the scary part. Not for the parents….the districts. We are invisible. They will never know if the parent walking into their office is a secret member, or not. If they have access to over 4,000 passionate parents. We travel incognito.  We are right in front of their eyes, and they don’t…even…know…it! (Feel free to make scary faces right now using your flashlight to heighten the scary blog affect.)

Here is the best part…

We are growing. Oh no!!! They say!

The scariest parent to the district, is an educated one. I am talking about being educated in how to navigate THE SYSTEM.

THE SYSTEM is a beast. It only responds to policy, law and complaints filed with external organizations.  

So, parents….

Go ahead.

Be that scary motherfucker you always wanted to be. Make THAT Facebook post. You go ahead and you fill out that intake form like nobodies’ business.

And then….

press…..

SEND.

The Unpredictability of Public Education

Years ago, this particular school year flipped our lives upside down. Frequent phone calls for assistance to come and pick up my child. It was a year of not sleeping.  Every morning I would organically wake up by 4am.  Off to the gym by 5am, for my alone time. I would walk on the treadmill and cry. That was my coping strategy. I would think about what email to send next, how to approach the next situation, what to communicate to the counsellor, what appointments to still make, who to tell what, wondering if I was missing anything, what should I be planning for? It was constant. My stomach would be on edge every day after school.  My work hours needed to change to accommodate so I could be home to deal, so I started work at 7am, my husband taking the morning shift.  I didn’t see this ever coming to an end. At the end of the school year, I left my employment. The emotional weight and constantly being “ON” at work and at home every waking moment of the day was just too heavy. Something had to give.

The year after, it was a completely different situation. The teacher was skilled.  She used universal design. My child was supported by LSS. Every strategic move she made was all absorbed. Just like that, the phone calls stopped. I started sleeping through the night. No more emotional ripples effects to deal with after school.  I guess I didn’t need to leave work after all…

When proper supports are in place, I can breathe. The grass is greener, the sun is brighter, the air is fresher. We can all just…live.  It’s glorious. I also know, that with every change in teacher and with every school year that goes by, it’s all temporary.  Hoping for those amazing teachers and support staff to be the ones to stay around your child is a daily thought. There are amazing people out there. I have jokingly even let these people know that if they ever need a kidney donation or a blood transfusion to keep my contact info. (I offered my kidney up in a Christmas card one year).  There are also people out there who work in education who…(cough)… “need support”.

Public education is unpredictable. One year your child is supported and the next year they are not. Parents at the end of every school are on the edge of their seats. Questions around what support will look like for next year are being discussed as parents find out which EA’s are moving to different schools or are being cut all together.  One year a child could have an EA with 20 years of experience with a degree, the next year with 2-weeks of a district training program, or no EA at all.  EA’s can change yearly, monthly and for some horrified parents they have had to deal with daily or weekly changes in staff. Riding the roller coaster of public education will make anyone sick.

Unpredictable education supports are stressful. It happens all over the province. It takes a huge toll on parents AND children. I wonder how many parents remove their child from public education, in search for alternatives, for their own mental health, the need to get off the roller coaster, for some level of control and predictability in their own lives. The supports for my child this year have been wonderful. Next year?? Fingers crossed!