Case Decisions and Reports Connected to Education

NEW PAGE ADDED

I have added a new page under Education Advocacy and this it it!

These are some of the cases and reports that have crossed my path. This is not a list of the ONLY cases. To search for cases go to CANLII

For step by step instructions on HOW to search click HERE and scroll to the lower part of the page.

REPORTS

Advocacy Fatigue: Self-care, Protest, and Education Equity 2015 CanLIIDocs 212

Canadian Human Rights Commission, Left Out: Challenges faced by persons with disabilities in Canada’s schools, Canadian Human Rights Commission, 2017 CanLIIDocs 3489

CASES – In BC and across Canada

Moore v. British Columbia (Education), 2012 SCC 61 (CanLII), [2012] 3 SCR 360

Hewko v. B.C., 2006 BCSC 1638 (CanLII)

School District No. 44 (North Vancouver) v. Jubran, 2005 BCCA 201 (CanLII)

Independent School Authority v Parent, 2022 BCSC 570 (CanLII)

Board of Education of School District No 43 (Re), 2013 BCIPC 20 (CanLII)

British Columbia (Education) (Re), 2018 BCIPC 2 (CanLII)

Sollitt v. Trillium Lakelands District School Board, 2013 HRTO 1128 (CanLII)

The Student v. The School District and others, 2019 BCHRT 217 (CanLII)

Steele v. School District No. 36, 2014 BCHRT 276 (CanLII)

Aslin v Edmonton Catholic Schools, 2021 AHRC 186 (CanLII),

https://montrealgazette.com/news/local-news/emsb-discriminated-against-child-with-learning-disability-rights-commission

MacKenzie v. Howe Sound School Dist. No. 48 (No. 2), 1997 CanLII 24743 (BC SC)

SJ v Parkland School Division No 70, 2019 ABQB 470 (CanLII)

Gould v. Regina (East) School Division No. 77, 1996 CanLII 6807 (SK QB)

Tsai and Tsai v. B.C. (Ministry of Education) and another, 2004 BCHRT 386 (CanLII)

Kelly v. UBC (No. 3), 2012 BCHRT 32 (CanLII)

L.B. v Toronto District School Board et al., 2017 ONSC 2301 (CanLII

HB v. Halton District School Board, 2018 HRTO 1729 (CanLII)

Rezaei v. University of Northern British Columbia and another (No. 2), 2011 BCHRT 118 (CanLII)Edit”Case Decisions and Reports Connected to Education”

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.

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.

IEP Meetings in Public Education

Tis the season…

For some people there are four seasons in the year. For parents of children with disabilities we have a fifth season. It’s called IEP season.

An IEP is a lifeline to your child’s education. IEP stands for Individual Education Plan. The IEP has been undergoing some changes in recent years and the role of what inclusion means for all children has been evolving due to very passionate education advocates with very high disability literacy skills.

We live in a social stratification system. That means that our social structure is layered, a hierarchy, like bricks layered to form a wall. The layer you are in, will dictate your access in life. Not everyone has equal access to information, choices, safety, health care, education, relationships, etc. The list is a long one. Social stratification is almost universal, in all cultures. Those who have privileges don’t really notice it. It is weightless. The people who are not part of the privileged layers do feel it. It’s felt every single day. Heavy.  Taking up space in society when you are not part of societies cookie cutter pop out shape, can feel like a protest.  Advocacy is a part of daily life.

Parents play a key role in their child’s education. Ableism is blended into our society and chasing the dream of true inclusion in the classroom is often a dream that parents spend years chasing. The expectation of inclusion and anti-ableism is changing.  Parents and students have had enough of being excluded from the classroom, either physically, mentally or emotionally.  The struggles are real. There are wonderful stories out there and there are also horror stories.  The pandemic has brought to light the inequities of society even more and the inequities in education are no different.  To say this year has been stressful for many families with children who have disabilities is an understatement, while other children have flourished with the adaptive distant learning options.

It starts with the IEP, and in May and June, IEP meetings are all a buzz to review the year.  Emotions are high and advocates are in full swing. For those of you who are busy getting ready for this year’s seasonal planning, your advocacy efforts are a puzzle piece of a much larger picture.  You may not realize that your individual fight for your child’s rights to access an education, are part of a larger cause. The movement is growing. Anti-ableism is part of the diversity movement, and the movement is building, one IEP meeting at a time.