Tag: BC Education

Freedom of Information Request Denied – Ombudsperson

Friday May 20th, I submitted a Freedom of Information request to Ombudsperson BC requesting the following information.

“I would like data of the past 10 years, (May 2012- May 2022) of how many parents have submitted complaints with the Teacher’s Regulation Branch, and how many of those complaints were investigated by an investigator. Please separate the data by year.”

Today, May 25th my request was denied. In a letter from the Deputy of Ombudsperson it was explained to me that FIPPA has very limited access to Ombudsperson due to that they are an office of the Legislature and I can only access information they post publicly. They recommended I look at their annual reports.

SO……

I went through all of their authority statistics reports. I can’t get any information specific on the Professional Conduct Unit (formerly Teacher’s Regulation Branch), only under the Ministry of Education. Based on the information in their authority statistic reports, I have created a graph for easy consumption.

This graph depicts the number of files Ombudsperson opened connected to the Ministry of Education from 2011-March2011. Data for this previous year will be posted on the Ombudsperson website in a month or two.

Here is a table version of the same data.

I find their annual reports and authority statistics reports to be very interesting. I highly encourage people who are interested in human systems, data and social justice to take a look.

For each file that was opened, you need to be so frustrated with your situation that you are filing a complaint with Ombudsperson, and be willing to wait months for something to be resolved…or not.

I have recently submitted an FOI request through the Ministry of Education requesting very similar and more detailed information. I will keep you all posted.

Also, keep in mind the the Ministry of Education is not tracking any Human Rights Complaint data. As I have blogged about previously, through another FOI request result.

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?

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”

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 Non-Death Loss for Parents of Disabled Children in Education, All Over this Province

Do you ever just get so tired of walking through the verbal minefield when talking to some school administration? It can be so exhausting. I came out of one meeting and wondered what in the world just happened in there???

Sometimes I feel like I have been taken by some scammer.

Or I just donated to some fraud non-profit organization?

What exotic trip did I just sign up for?

I think we should show up to our meetings with a court reporter.

Set up cameras like in those crime interrogation documentaries.

We’ll all show up in outfits like we just telephoned into The Matrix. Neo, we’re in.

All kidding aside, if you have a serious meeting ahead…drink your coffee before you attend. You’ll need to be on the ball.

Not all levels of advocacy reach this kind of intensity, but if and when they do…you’re not alone.

What emotionally hits me is that when my kids started kindergarten and I remember those visual memories of them entering the classroom for the first time, all of the emotions of your kids growing up, attending their first day of school…NEVER, never, ever did I ever in a million years, think I would end up in the position to be emailing lawyers. Never!

And yet…here I am.

There is a sadness to that. A non-death loss. We lose the innocence and naivety that parents of non-disabled children experience. We know exactly how oppressive the system is. There is grief around that. Why can’t I think public education is sunshine and lollipops too?

Do you take the red pill or blue pill? Do you find out about the reality of public education or do you live in blissful ignorance? If you have a child with a disability, you don’t get a choice. It’s made for you.

I was a secretary at a couple of schools and it was amazing to me, how many parents of non-disabled children didn’t even know the name of their child’s teacher. Seriously.

I on other hand, can recite school legislation, explain the difference between Ministry of Education policy and the Human Rights Code, and define the loopholes in a variety of external complaint processes.

This isn’t what I thought it was going to be like. 

This is a loss that needs to be validated. The loss of innocence.

I am not the only one.

To the parent in the Facebook group who coined the term PTSD – “Post Traumatic School Disorder”. That’s a good one!

5 stages of grieving.

Denial – “Oh the system isn’t that bad…we must just be having a rough year. They aren’t ignoring my emails, they just are really busy.”

Anger – “What the #$@% is going on here, is this for real!?!?”

Bargaining – “I just want to have an honest conversation; I’ll even sign an NDA”

Depression – “What’s the point. Things will never change.”

Acceptance. – “I don’t care, I am filing anyways. Every little bit helps.”

Focusing on the negativity of everything is going to get us nowhere. However, toxic positivity and not even acknowledging the pain isn’t healthy either.

How many parents have gone through the stages of grief? Denial. Anger. Bargaining. Depression. Acceptance. What stage are you in?

Let’s sit here together and acknowledge what this feels like.

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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!