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.
We have another school year upon us and everyone’s anxiety around a new school are compounded this year, for so many reasons. More so, for parents of disabled children.
Advocacy for the new year is already in full swing, and who are we kidding, advocacy for this year -started last year!
When things feel out of control, it is important to remember that we do have a foundation of some education law to stand on. We can push.
First, we have The UNESCO Salamanca Statement
“In June 1994 representatives of 92 governments and 25 international organisations formed the World Conference on Special Needs Education, held in Salamanca, Spain. They agreed a dynamic new Statement on the education of all disabled children, which called for inclusion to be the norm. In addition, the Conference adopted a new Framework for Action, the guiding principle of which is that ordinary schools should accommodate all children, regardless of their physical, intellectual, social, emotional, linguistic or other conditions. All educational policies, says the Framework, should stipulate that disabled children attend the neighbourhood school ‘that would be attended if the child did not have a disability.”
Now that we have established that exclusion is actually illegal, and all of our children are legally allowed to attend their local school, let’s move onto Loco Parentis.
Second, we have Loco Parentis.
What does Loco Parentis mean?
It means that LEGALLY teachers are expected to behave like a “careful parent”.
“Traditionally, the teacher was considered to be acting in loco parentis. This means that in relation to the student, the teacher stands in the position of a caring, responsible parent and unofficial guardian. This concept allows the teacher some of the privileges of a parent but also brings with it added responsibilities for the protection of pupils. Thus, a teacher could be liable for injury or damages to a pupil if the teacher’s conduct falls below the standard of care deemed to be necessary under the given circumstances. In some instances, the duty of care owed by the teacher may exceed that of the parent if special knowledge makes the teacher aware of dangers that the parent might not appreciate.” – https://www.teachers.ab.ca/News%20Room/Publications/Substitute%20Teachers/Pages/Chapter%204.aspx
The courts continuously have tossed lawsuits against school districts who do not want the system to be flooded by parents’ ability to sue schools, especially around education malpractice. https://core.ac.uk/download/pdf/56369776.pdf
Is the common law of Loco Parentis our way in???
I have such a respect for teachers. They are not given all of the education that is required of them to fulfill the expectations demanded by society, and then they are working in a failing system on stage in front of an audience. Does anyone else want to sign up for this? No thank you!
I have many friends who are teachers and EA’s. I was an EA! Working in education is not easy. However, I would like to add that there is a HUGE sliding scale of ability, skill and knowledge amongst education staff. There are the most AMAZING teachers out there and then there are some people who just shock me.
Some people don’t even know the harm they create. Some of it is systemic and functioning in an ablest society. The education system is very sick. It operates from a place of scarcity, defense and secrecy.
Every time school districts get away with harming children, and it usually takes a team, intentional or not, it reinforces that they are untouchable.
So, how can we use common law “Loco Parentis” to aid in our advocacy?
It’s sad to say, but it may take a lawsuit around this topic to get everyone’s attention. If anyone is interested in this path there are pro bono lawyers out there you may want to consider.
When communicating with school districts, it’s all about getting their attention with legal language.
For example: “Your suggestion would exclude my child from school and they would not be able to access their education.” – human rights complaint
“How does the harm my child has experienced because of my child’s team fall under the supreme court decision around loco parentis?”
When you start quoting policy and law, things tend to take a quick turn. Your school district will have a tab on their main website with all of the policies and bylaws, sometimes under the Board section. The school boards are responsible for student achievement and MONITORING student achievement. Always be aware that each school district has a process to appeal decisions to the school board.
For those who are sad at the realization that advocating for your child sometimes require that you become a self taught lawyer, I offer you this….
I encourage you to look through my education advocacy pages and I have added a new Education Law page. Work in progress! If any parent reading this would like to send me more education law info or links, I will be happy to add.
The scariest situation for a school district, is a parent who knows their rights. Every time you advocate for your own child, you open the door for someone else. We are not alone.
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!
