Tag: inclusion

Who Does Society Care About?

This mom speaks the truth. Thank you Ashley Roberts, The Dsylexia Initiative.

ID: A picture of a head with the brain and mental health written inside. Four colour ribbons coming from the head. Text: It's impossible to fight for your child and not have your mental health be impacted. To a Mom her child deserves the world. To have someone invalidate that thought, that feeling, time and time again takes a toll. To sit in a meeting and hear no, or, in my opinion worse yet, the edubabble word salad to mask the no like you're stupid, takes a toll. We are bombarded with the message that to question is to teacher bash, that parents are lazy, worthless, stupid and the children are entitled POS's who need stricteer, better parenting. This masks the whole "spare the rod, spoil the child" mentalility, but of course no one is going to open up and admit that. While we fight an unielding system that absolutely does not care, our children are being damaged, and so we as moms are damaged further. Dyslexia affects the entire family and so mental health of the entire family is impacted as well. There is no way to fight and not pay a price. There just isn't. We must embrace the mental health aspect for our children, and ourselves. Bringing this awareness into the light will empower us all. Hugs xoxox.
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The government distributes society’s resources, and this distribution is not an equitable one. It is based on the wishes of the majority of voters. 27% of people have disabilities in Canada. An article by The Tyee, “Why is Vancouver Funding an Extremely Expensive Private Dyslexia School? questions how these resources are being divided. I question funding for private schools in general, as they seem to be getting a good chunk of taxpayers’ money. Yet, only families who can afford to pay costly yearly tuition fees can access their services, while the schools are escaping human rights violations due to their private business structure. Funded by the government, yet given an escape pod via the “undue hardship” justification test of a limited private business. As this parent feels, some specialized schools are providing the supports that kids aren’t getting in public schools. This option is not available to everyone. You need money. Lots of it. Every year. You need the time, ability and transportation to get your child there. Private schools are an impossibility for most.

Currently, our system is prioritizing some kids over others by how they design teacher education post-secondary programs. Teachers aren’t being properly trained for inclusion. Deciding not to inform teachers about human rights and science-based accommodations is a decision. Surveys internationally are all coming back with the same data. In Canada too, Teachers don’t feel adequately prepared for children with disabilities in their classrooms. And here. And here. And I could go on… and on…. and on.

Children are always going to be vulnerable. They are vulnerable because they don’t have a choice to leave. When children with learning disabilities are not getting proper instruction and support at school they experience levels of shame, embarrassment, chronic stress, anxiety, fear and sometimes bullying. Children are extra vulnerable when they have disabilities. They are in an education prison. They are completely dependent on a society that is ableist, misinformed and sees them as an easy target or easier to sweep aside.

The kids get the message daily that they are a burden to society. Someone who should feel lucky to be tolerated. These messages become internalized.

There are some legislative advancements with the federal and provincial Accessibility Acts.

However, for Canada to become barrier-free by 2040 it would entail a complete culture shift.

Employers post these boilerplate disability statements about being inclusive. However, inviting us to the table just isn’t enough. We need to be included at a level that we are participating in changing the shape of the table. Expecting us to carry on and fit into the same rules, and think the same way, isn’t inclusion. It’s not diversity. It’s performative and useless. For autistic and other neurodiverse individuals it can lead to burnout, mental health issues, and employment issues.

We know that change within society takes time. It’s painfully slow, that is true.

While we are waiting for society to evolve…we need to acknowledge harm is being done. Significant life-altering harm. Let’s take a look at the harsh reality.

Kids are dropping out of school. 30-40% of kids with ADHD drop out of high school.

They are escaping to the streets. 80% of homeless youth have Dyslexia.

They are more likely to engage in self-medicating themselves with drug use.

Their risk of them ending up in prison is higher, leading to the over-representation of people with neurodiversity and disabilities in prison.

From Decoding Dyslexia Ontario
Impacts of unsupported dyslexia: statistics

This is not their individual failure. This is a societal failure. Just how people at the Oscars walk up to the stage to collect their awards, they thank all of the people who helped them along the way. They recognize that they didn’t get to that stage by themselves. Well, guess what folks, the kids dropping out, on the streets, self-medicating and ending up in prison didn’t get there by themselves either. We are failing them. Our education system is failing them. Society’s norms are not inflexible laws of gravity. We can change the structures of human systems. We can operate, function, interact and live differently. Our schools don’t need to function this way.

So, when we make our decisions…our laws, our policies, our education training programs…who are we willfully ignoring?

This question needs to be asked EVERY SINGLE time the government makes a decision.

Who is benefiting from this policy or law? Certain people are. It won’t be everyone. So who? Name them. Write it down.

Who is going to be potentially harmed by this policy or law? There will be people harmed in some way by everything they do. So who? Name them. Write it down.

  • Crowded classrooms push kids with disabilities out the door.
  • Underfunding schools pushes kids with disabilities out the door.
  • Lack of proper training of teachers and support staff pushes kids with disabilities out the door.

Adults are pushing kids with disabilities out the door.

Advocating for children with disabilities is hard work, but worthy work. However, I want to acknowledge there is a weathering process parent(s)/guardians all experience. We are slowly eroded by the constant dripping in the advocacy process and/or we become stalagmites building ourselves up by the constant dripping process. These two realities are often braided together.

We are desperate for adequate teacher training. I am not talking about workshops in universal design. I am talking about adequate training in specific disabilities and neurodiversity. We need early screening for dyslexia. We can’t wait for kids to fall behind in literacy skills in grade 3 or 4 and then to be on an assessment waitlist for 2 years that costs $5,000.00. That wait-and-see philosophy is pushing them out the door. It is a disaster. The inaction of our government is failing children and families. There was such hope with the Supreme Court Decision that there would be

How a Dyslexic Student Could Change Canada’s Schools by The Tyee (Nov 12, 2012)

“A momentous change for Canadian schools

If I read the Court’s decision (and the School Act) correctly, this and future provincial governments are now bound to provide funding that will ensure that all B.C. students, regardless of talents or disabilities, receive the kind of education set out in the School Act.

That would be a momentous change for schools across Canada as well — perhaps comparable to Brown vs Board of Education, the 1954 U.S. Supreme Court decision that struck down racial segregation in the schools.”

The United States has legislation. Where is Canada?

The government is failing children and families. It doesn’t make any friggen sense to not support children with neurodiversity and disabilities. When supported, kids with ADHD can thrive as adults. Dyslexic thinkers are also incredibly diverse thinkers. It makes no sense as a society to not help these kids flourish because it is possible. Kids with ADHD don’t even have a designation and dyslexia isn’t even a label that schools are allowed to use. “The term dyslexia is not commonly used in the educational system. It has been removed from legislation, policies, procedures and most teacher training programs.” Talk about erasure. We can’t ever shut up about this.

Even if you want to make the argument that the government has limited resources, it doesn’t even make any economic sense to be ignoring such a huge group of people.

We have 1.8 million Canadians with ADHD.

10-20% of people in Canada have dyslexia.

As a country do we want this or this? What on earth is our country doing??

For the good, the bad, and the ugly, no one gets to where they are in life by themselves.

No one.

Here are some helpful organizations in BC

ADHD Society of BC

Dyslexia BC

BCEd Access Society

Inclusion BC

Family Support Institute

Name Them!

As parent(s)/guardians navigate the BC Human Rights Tribunal system, something to think about is anonymization.

The tribunal will automatically anonymize your child and your name whether you ask them to or not. This is to protect the identity of a minor. Even if a parent and child ask to be identified, you are going to need to fight for it. As Lee Ehmke did in her daughter’s complaint. Child K (by Ehmke) and another v. Queen of All Saints School and another, 2024 BCHRT 150

The anonymization process can be addressed by making a general application form 7.1 and submitting it to your case manager. You can make this application as soon as you find out that your complaint has been accepted.

You can decide to name your child’s school district. If you are in an independent school, their name. There are reasons to consider identifying them.

School districts can hide behind anonymization and they will be less concerned about having your complaint proceed to a hearing.

Here are some thoughts to consider on whether to name them or not.

  1. Naming them could reduce the harm families are experiencing at the hands of district staff who feel untouchable. When people are in power, and untouchability becomes the systemic norm, it is very dangerous. The rule of law is an important concept in our country. No one should be untouchable.
  2. The human rights tribunal system is an adversarial legal system. Parent(s) are unrepresented against lawyers, fighting out their case in the arena of law. An area that they are most likely, not educated or trained for. The human rights system can unintentionally become a barrier for parents to access justice due to the adversarial design and lack of access to free legal services and advice. The system is leveraged against the parents. We need to create as many human rights cases to help other parents not even need to enter this system. Human rights cases can be used in your advocacy and showing schools that they can be identified and that you plan to go this route may be the motivation they need.
  3. School districts are notorious for lying, gaslighting and manipulating parents. They have the legislation to give them the power to be the decision-makers of a child’s school environment 5 days a week, 6 hours a day with poorly trained staff in disabilities and mental health. Schools could easily apologize and take accountability for the harm that was caused, but they never do. Only when issues are brought to the attention of the media. They are all so confident, that they just sweep us aside and move on to the next dumpster fire. This is a provincial and national issue. Historically, schools are entrenched in covering up all sorts of things and that toxicity is still normalized today.
  4. We need to start naming school districts. It needs to become the norm. They may have the motivation to resolve issues with parents a lot earlier if they know that they will automatically have parents making applications to name them.

When you make your application, you can use the above points in your argument.

Here is your case law.

Child K (by Ehmke) and another v. Queen of All Saints School and another, 2024 BCHRT 150

Keep this case handy parents if you want your district named. Paragraphs on this topic are 5-34.

(7) The Tribunal has discretion to limit publication of identifying information where a person can show their privacy interests outweigh the public interest in full access to the Tribunal’s proceedings: Tribunal Rules of Practice and Procedure [Rules], Rule 5(6); Stein v. British Columbia (Human Rights Tribunal), 2020 BCSC 70 at para. 64(a). The Tribunal may consider factors like the stage of the proceedings, the nature of the allegations, private details in the complaint, harm to reputation, or any other potential harm: JY at para. 30. It may also consider whether the proposed limitation relates to only a “sliver” of information that minimally impairs the openness of the proceeding: CS v. British Columbia (Workers’ Compensation Appeal Tribunal), 2019 BCCA 406 at para. 37. It is not enough to just assert that a person’s reputation may be tarnished: Stein at para. 64(c).

(29) I appreciate that naming the School could make it easier for motivated and diligent people to identify the people who were involved in the events of this complaint. In that respect, my order will not perfectly protect the people involved. However, I find that – unlike the individual educators and staff involved – there is a specific public interest in the identity of the School as a publicly funded institution serving the public: A obo B v. School District 61, 2014 BCHRT 105 at para. 11. I am not persuaded that this public interest is outweighed by the potential that some of the educators may then be identified. There have already been a number of complaints and proceedings involving the educators and staff, and Mrs. Ehmke points out that many people within the community already know about the complaint.

(30) I deny the application to limit publication of the name of the School.

Thank you to Mama Bear Lee Emhke for smoothing out the path on this one!

Top 10 Truths – My Learnings

For parents of kids with disabilities/neurodiversities, our participation in our children’s education is WAAAAAYYYY different compared to parents of neurotypical/non-disabled children.

For blog post on that topic: The Non-Death Loss for Parents of Disabled Children in Education, All Over this Province

Here are my top 10 learnings for me.

  1. Teachers and counsellors aren’t nearly as educated in disability and mental health issues as I assumed. I gave them way more credit and trust than I should have.

2. My advocacy of applying the Duty to Accommodate was essential to my children getting an education. The difference between my advocacy efforts pre-using human rights law and post-using human rights law is night and day.

3. The human rights code supersedes classroom teacher’s autonomy.

4. Generally, education staff know very little about human rights law and education law. This is truly a failing. This type of education wouldn’t be complex to teach either. I think districts would save themselves so much money and complexities if their staff were more aware. This can all be taught in a simple 2-hour workshop.

5. Find an advocacy buddy. Another parent out there who knows what you are going through is essential for survival. I had no idea this was exactly what I needed and I am so glad she found me.

6. I had no idea learning about external complaint systems would be so vital.

7. Through everything, I would need to find the good people in the education system and stick to them like glue. There are really good people out there. Rare birds. Diamonds. And the system is killing them slowly.

8. We need our own care plans. Kids get IEPs for education. We need PCPs (Parent Care Plan). We need steps, strategies, and a review every few months.

9. I had no idea I was this strong, this determined, this capable. I have more layers to me than I ever thought.

10. I love my children. I love your children. And I will fight for both.

“this family needed help beyond what I’m trained for” (para 58)

This was a statement by made by the Acting VP in a human rights decision.

X by Y v. Board of Education of School District No. Z, 2024 BCHRT 72

[58]           Y asked the Acting VP in cross examination how the break from the classroom would have been restorative for X had it happened at home. The Acting VP replied that “Mom knows best”, noting that X was “totally dysregulated”, placed in a challenging classroom, and needed space. The Acting VP said that X spoke a lot about his Dad during this time, and how he missed him. He observed, “this family needed help beyond what I’m trained for.”

This has me asking…

What are educational staff trained for?

AND

When professionals, such as occupational therapists (OT), psychologists, or speech-language pathologists, make recommendations, why are some parents having issues with getting these recommendations placed in their child’s Individual Education Plan (IEP)?

The kinds of education that teachers have for disabilities vary greatly and in my opinion, extremely lacking. Huge gaps. They hold similar beliefs and biases as the general public. I have learned the hard way that some teachers have zero training in this area. There are educational staff who have, on their own, focused their professional development in this area and are extremely valuable. There is a huge sliding scale of knowledge and skill between educators and administrators.

We already know that the human rights code supersedes classroom teacher autonomy.

So above all, they need to provide an equitable education. If they are ignoring or refusing to implement professional recommendations, aren’t they taking a HUGE risk?

If by ignoring professional recommendations, the child isn’t able to access their education equitably and there is harm that occurs, I’d be filing a human rights complaint.

It has been quite a SHOCKING discovery to me, just how little education staff know about disabilities. Especially invisible ones. Some people are very knowledgeable. However, the number of people working in education who have little to zero knowledge is stunning. And scary. And makes complete sense how so many children experience real trauma at school, and so many are being homeschooled unable to return to school.

Here is a report compiled by Jenn Scharf titled Stories of Exclusion 2021. These are a collection of 60 stories told by parents.

I don’t think our education system is fair.

To anyone.

Everyone is being set up to fail. My heart goes out to the educational staff expected to create magic and miracles with such a scarce system. But, if you are ignoring professional recommendations and putting your own personal perspective in its place when you lack such training and expertise, I have no sympathy for you.

I do have sympathy for the child who may be harmed by your willful ignorance. I have sympathy for the family who will now be put in the position of continued advocacy, yet again, and may be considering filing a human rights complaint so their child can get an education.

Is the education system struggling with the concept of inclusion, or is it struggling because not enough people have the knowledge and skills to make it work?

And then add the impacts of scarcity in education

And then add ableism.

AAAAAHHHH ok…. now this all makes sense.

This is why we are all struggling.

This is systemic. Multi-dimensional systemic issues.

And if someone who is reading this thinks…. well they are now starting to have a class on the topic of disabilities in universities, isn’t that something?

It clearly isn’t enough.

Clearly.

Edit: A parent on my Facebook page commented after reading this blog “Not to mention a lot of the disability training they do get is outdated and ableist….” – Excellent point!!

The BC Human Rights Code Supersedes ALL other Laws, if Conflict Arises

This is the BC Human Rights Code.

“Code prevails

4  If there is a conflict between this Code and any other enactment, this Code prevails.”

This is why human rights law is our strongest form of advocacy.

It doesn’t matter what the school policies are.

It doesn’t even matter what the policies are that are written by the Ministry of Education and Child Care.

It doesn’t even matter what the School Act says.

The Human Rights Code supersedes everything.

The Supreme Court of Canada has already made it crystal clear. It supersedes all laws.

Insurance Corporation of British Columbia v. Heerspink, 1982 CanLII 27 (SCC), [1982] 2 SCR 145

“The Human Rights Code of British Columbia

When the subject matter of a law is said to be the comprehensive statement of the “human rights” of the people living in that jurisdiction,

[Page 158]

then there is no doubt in my mind that the people of that jurisdiction have through their legislature clearly indicated that they consider that law, and. the values it endeavours to buttress and protect, are, save their constitutional laws, more important than all others. Therefore, short of that legislature speaking to the contrary in express and unequivocal language in the Code or in some other enactment, it is intended that the Code supersede all other laws when conflict arises.”

Even the Accessible BC Act.

https://www2.gov.bc.ca/…/accessibility/legislation/summary

Scroll down to almost the bottom.

“Why doesn’t the law mention the Human Rights Code?

In British Columbia, the Human Rights Code prevails over all other laws. This is written in the Human Rights Code. Repeating this in the proposed law would not change this and may cause further confusion.“

Not all education staff are aware of human rights and specifically human rights and how it is applied in education.

I offer you three links of education law.

Duty to Accommodate – https://www.kbpath.com/information/

Education Law – https://www.kbpath.com/education-law/

Understanding Exclusion – https://www.speakingupbc.com/understanding-exclusion/

All of our human rights education law is written in case law created by tribunal members when they make their decisions.

Yes, our children are protected by the human rights code, but these rights are not limitless. Our children’s rights are protected as they are DEFINED under the human rights code.

That means their rights are limited by the legal test that the BC Human Rights Tribunal uses, under the Code. You are not allowed to discriminate against our kids in school, without a bona fide and reasonable justification. And that leads us to read case law to find out, what that means. Lots of case law. That leads us to the Duty to Accommodate to explain what the school is responsible for and what we are responsible for.

So that means…

If the school is quoting their school district policy about not having parents attend an IEP meeting, that will conflict with the duty to meaningful consultation that is defined by case law. Hewko v. B.C., 2006 BCSC 1638 para 343-361.

It doesn’t matter what policy says what, they need to engage in meaningful consultation with us, as defined by human rights law.

In the same breath, I can assure you, that teacher classroom autonomy does not supersede the human rights code. So no matter what teachers think about their classroom autonomy rights, the Human Rights Code supersedes all of that, and your child’s human rights are above their preferences of how they manage their classroom.

It really is a systemic failure that education staff know so little about human rights and their responsibilities. It shouldn’t fall on parents to teach them this.

Accommodations are not extras. They aren’t optional. They aren’t earned with good behaviour. Your child’s teacher has the legal responsibility to provide your child with an equitable education. Period.

If you feel your child is facing discrimination, not getting the accommodations they need and the school isn’t consulting with you, use human rights law to advocate for your right to be consulted with regarding your child’s education. And, if you want to file a human rights complaint, I suggest you contact the BC Human Rights Clinic for help.

Schools fall under the SERVICE category.

*********

Discrimination in accommodation, service and facility

8   (1)A person must not, without a bona fide and reasonable justification,

(a)deny to a person or class of persons any accommodation, service or facility customarily available to the public, or

(b)discriminate against a person or class of persons regarding any accommodation, service or facility customarily available to the public

because of the Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or class of persons.

(2)A person does not contravene this section by discriminating

(a)on the basis of sex, if the discrimination relates to the maintenance of public decency or to the determination of premiums or benefits under contracts of life or health insurance, or

(b)on the basis of physical or mental disability or age, if the discrimination relates to the determination of premiums or benefits under contracts of life or health insurance.

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

To read case law decisions connected to human rights law, visit www.speakingupbc.com and go to my Human Rights Decisions (Cases) tab. This is not all cases, but I think it’s a great starting point.

Human rights-based advocacy is our sword and our shield.

#Education#Advocacy#HumanRights#Disability

Barriers! Barriers! Barriers!

When we discuss equity, accessibility the human rights code and accessibility legislation it is ALLLL about removing barriers.

Therefore when we advocate for our kids, any advocacy grounded in rights-based advocacy is going to focus on barriers.

1. Human Rights Code

    In X by Y v. Board of Education of School District No. Z, 2024 BCHRT 72

    Not all negative experiences are discrimination.

    [110] ….I accept that these incidents which X relayed to Y were upsetting to X. I appreciate that the interactions may have fed into X’s general feelings of unease at school, but the fact alone that these events may have happened is not enough, in itself, to establish that X’s disability factored into them. Not all negative experiences are discrimination. Even accepting that these incidents occurred, I did not hear evidence that could establish, on a balance of probabilities, that X’s disability was a factor in the conduct of the adults involved in these interactions.

    The test, is whether barriers have been reasonably removed.

    [142] Y has said that the learning support provided throughout X’s education has not been enough for X to “reach the same level as his peers or possibly excel”. The District’s obligation is reasonable not perfect accommodation. As I have said above, reasonable accommodation is not necessarily measured by whether a student is meeting or exceeding certain standardized learning goals but rather by whether barriers have been removed to provide meaningful access to education.

    2. Also, accessibility legislation THE ACCESSIBLE BC ACT

    Barriers

    2   (1)For the purposes of this Act, a barrier is anything that hinders the full and equal participation in society of a person with an impairment.

    (2)For certainty and without limiting subsection (1), barriers can be

    (a)caused by environments, attitudes, practices, policies, information, communications or technologies, and

    (b)affected by intersecting forms of discrimination.

    So…… what are barriers?



    As outlined from the Onatario’s Unviersity Accessibility Campus (2017) There are 5 Barriers

    Attitudinal Barriers – are behaviours, perceptions and assumptions that discriminate against persons with disabilities. These barriers often emerge from a lack of understanding, which can lead people to ignore, to judge, or have misconceptions about a person with a disability.

    Organizational or systemic barriers are policies, procedures or practices that unfairly discriminate and can prevent individuals from participating fully in a situation. Organizational or systemic barriers are often put into place unintentionally.

    Architectural or physical barriers are elements of buildings or outdoor spaces that create barriers to persons with disabilities. These barriers relate to elements such as the design of a building’s stairs or doorways, the layout of rooms, or the width of halls and sidewalks.

    Information or communications barriers occur when sensory disabilities, such as hearing, seeing or learning disabilities, have not been considered. These barriers relate to both the sending and receiving of information.

    Technological barriers occur when a device or technological platform is not accessible to its intended audience and cannot be used with an assistive device. Technology can enhance the user experience, but it can also create unintentional barriers for some users. Technological barriers are often related to information and communications barriers.

    Communicating with the school

    When communicating your communiation with the school it is the responsbility of the school to investigate what the barriers are. And to figure out how to remove them. Then they need to monitor, and adapt until the barriers are removed.

    You need to express to the school your child is struggling and how they are struggling. Communiating what you are seeing and dealing with and what your concerns are, is key to trigger this inquiry.

    Their investigation responsibilities is connected to “Meaningful Inquiry”.
    Student (by Parent) v. School District, 2023 BCHRT 237
    Summary of the Case with key highlights

    [100]      In short, I agree with the District that the Parent and Student were obliged to bring forward information relating to accommodation. The Parent did that, when she communicated that the Student had anxiety and trichotillomania and that school was taking a significant toll on her physical and mental health. That information should have been enough to prompt a meaningful inquiry by the school to identify what was triggering the Student’s symptoms and what supports or accommodations may be appropriate to ensure she was able to meaningfully and equitably access her education. The failure to take that step was, in my view, not reasonable. As a result, the disability-related impacts on the Student, arising from conditions in her Language 10 class between April 24 and June 27, 2019, have not been justified and violate s. 8 of the Human Rights Code.

    Their responsibiliy to monitor and adapt
    Summary of Case with key highlights

    [120] Ultimately, on a balance of probabilities, I am satisfied that the District discharged its duty to accommodate X in his grade 2 year by reviewing the Diagnosis Report, developing an IEP, making various support people and strategies available that were incorporated into the classroom and outside, reviewing progress and changes, and adapting its approach in response……

    Accommodations are ramps, open doorways, open windows, bridges and all other symbolic connections you can think of that all mean the same thing. It’s a way to level the playing field and provide a child with the same opportunity as anyone else. To remove a barrier. To give someone a chance. To not create more obstacles in their path than anyone else.

    Welcome to a New School Year

    Parents tend to be excited that the school year is starting. Commercials poke fun at the idea of tired parents excited to send their kids back to school. Do we all remember that Staples commercial with the Christmas music playing “the most wonderful time of the year”, parents beaming, collecting school supplies? I do.

    Preparing for another school year, for parents of kids with disabilities is different. Mixed emotions. Fear is one of them. We know we may be facing the verbal minefield of navigating conversations with district administration and processing the non-death loss over and over again when we feel that school hasn’t turned out the way we thought it would.

    We have had to make peace and accept we have become people, we never thought we would be, all in the name of advocating for our children, as we felt pushed to “jump the shark”.

    We try to “get ready” mentally…emotionally, for the upcoming year. Always wondering when the next issue or incident is going to appear.

    The education system is not designed to support inclusion. All those involved are set up to fail. It’s a hit-and-miss situation. Some kids experience it, and some don’t. For the teachers who are in the fight, standing along side of us, but are muzzled by the system to not speak out. We know you are there. We feel you.

    These are the cards we have been dealt.

    So what do we do with it?

    Human rights advocacy is our strongest form of advocacy. It has the strongest teeth. The parents who have navigated through the system have made personal sacrifices to bring these decisions to fruition.

    By using case law, hopefully, a parent(s)/guardian will not need to enter the system to begin with.

    The Human Rights Code and the Duty to Accommodate is both our shield and our sword. Understanding the school’s role and responsibilities and our role and responsibilities is key.

    Duty to Accommodate
    Understanding Exclusion

    School are required to remove barriers and continually monitor students and adapt. Never giving up. Always trying to remove the barriers. They need to investigate what those barriers are, if we tell them our child is struggling.

    We have some hope on the horizon.

    The BC’s Office of the Human Rights Commissioner has started a campaign called Rights in focus: Lived realities in BC

    Education inequalities is highlighted as the #2 issue. To read more about the education section you can read the report. Raising these issues and making them public will not mean that our issues will go away. Changes in human systems are painfully slow. And while we wait….harm is being done. But this is what is required to create social change. We need to do the slow consistent work of changing hearts and minds. And while we do this heavy lifting, we are weathered by it. But every little step we make and every little advancement all adds up. The little things do matter. They matter immensely. The little things are actually what leads to change. All of us. Lifting at once.

    There are clearly financial costs to human rights complaints in education in BC. There are also financial costs that go beyond just the lawyer’s fees and settlements for society at large. There are social, societal and human costs too. Raising awareness of these issues is step one. I am very excited that these inequity issues are being highlighted by the Commissoner’s Office.

    We need to get loud.

    Doing this by ourselves is exhausting. This is why having a support system, network, and having organizations elevate our voices is exactly what we need.

    To all of the fellow parents out there, getting ready for another school system….I feel like we need a group hug.

    “May the odds be ever in your favor” – The Hunger Games.

    New Education Law Page

    There aren’t many education cases that make it to a hearing through the BC Human Rights Tribunal process. Especially in BC. However, every time they do, they advance the Human Rights Code in Education.

    To the families who pursued their cases, not everyone had a “win” for themselves personally, but our community won. It is because of all of you for having done the hard emotional labour and sometimes at huge financial costs, that our kids have hope.

    Only three of the cases listed on this page received a settlement.

    However, these cases have left a legacy of advocacy tools for parents. These cases are the only advocacy tools that really have “teeth”.

    Click here to read the new Education Law page on my P.A.T.H (Parent. Advocacy. Tribunal. Help) website to read these top cases.

    Large dark green oval, with white letters that read P.A.T.H Parent. Advocacy. Tribunal. Help.

    “Jumping the Shark”

    As I look back on my educational advocacy experience I ask myself…. at what point did I jump the shark? And what was the last straw that made me do it?

    There is a term in show biz called “jumping the shark”. It’s when the TV series, which was doing amazingly well, starts to suck. At what point did the show “jump the shark”?

    I think of jumping the shark in terms of our experience in education, when we realize what we hoped was going well, actually isn’t. When things take a turn. Reality sets in. In terms of advocacy, it is at this point in time we stop being doormats and prioritize being “nice”. (And really, advocating doesn’t mean ripping the skin off people’s faces. We can be respectful, and maintain civility.) Sometimes that means contacting district administration and filing external complaints if necessary. But the days of head nodding are over.

    Parents naturally want a good relationship with their child’s school.

    No parent wants to feel unwelcome. A troublemaker. Causing people discomfort. I never in my life could have predicted our family’s education experience when my children started kindergarten. Never. If someone told me 10 years ago, this is how things would be, I wouldn’t have believed them.

    I am someone who is very sensitive. I know that about my own neurodiversity. If I mentally don’t feel well, I feel it physically. In big ways.

    When I first started filing Teacher Regulation Branch complaints, of which I filed 4 of them at the start, I broke out into stress hives. They were all around my chest and back, ironically where my heart is.

    I never wanted to see the look of dread on someone’s face when I walked into my children’s elementary school.

    I wanted to have a good relationship with people.

    But here is the thing…

    If you lie to me.

    If you gaslight me.

    If you manipulate me.

    If you ignore my emails.

    You are the one who is breaking the good relationship with me first.

    It’s already over. I just haven’t clued into that yet.

    No matter how much discomfort someone feels around me, the bottom line, my kids come first. I struggle with prioritizing the feelings of adults in the schools over my kids. They are adults with resources and skills to regulate their own emotions. Children who are being discriminated against in school can do nothing but endure. They are trapped. Hoping their parents will pull them out of the quicksand.

    At some point, you just have to see things for what they truly are.

    Behind their smiles.

    We need to snap into reality. Prioritize the physical, mental, and emotional safety of our kids, and just “jump the shark”.

    Head nodding days are over. Hello Human Rights Code.

    TRB Complaints = HRT Dismissal? NOPE!!

    We have another fabulous decision from the Human Rights Tribunal.

    Child K (by Ehmke) and another v. Queen of All Saints School and another

    The topics under this decision include:

    1. Anonymization attempt by the respondents
    2. Dismissal attempt – Due to TRB decisions

    The parent, Lee Ehmke who has fought with legal representation has won to be named. She is in a legal battle with the Queen of All Saints School within the Catholic Independent Schools of Vancouver Archdiocese.

    Since she’s working so hard to name these people, let me say it one more time. She is in a human rights battle with the Queen of All Saints School within the Catholic Independent Schools of Vancouver Archdiocese.

    This battle has already gone to the BC Supreme Court when the respondents had a failed attempt through a judicial review to remove her from being the FIRST parent attached under Family Status with her daughter’s human rights complaint. You can read that lovely decision here. Independent School Authority v Parents, 2022 BCSC 570.

    Thanks Lee!! We owe you!!!

    First, let’s get to the point of the human rights complaint.

    Failure to provide a designation and IEP.

    Read that again parents. This is an accepted human rights complaint issue.

    Show of hands….anyone else struggling with this?

    Another student who only got a designation and IEP during the human rights process was in the case Student by Parent v. School District BCHRT 237. And you can read my blog about this case and the subsequent news media attention that spread across Canada.

    Ok, back to this case.

    (37) Child K has a chronic health condition which impacts her ability to do certain tasks in a classroom, including writing. Mrs. Ehmke alleges that, throughout grade 2, her teacher failed to provide necessary classroom accommodations to meet Child K’s disability-related needs. She says that she asked the School to provide Child K with an Individualized Education Plan [IEP], but the School took the position that Child K was not entitled to one because her needs were being met through classroom adaptations. Towards the end of the school year, Mrs. Ehmke asked the School to apply for a Ministry of Education funding designation for Child K. The School declined to pursue a designation at that time. It said that it would address the issue in the fall of 2018, when the applications to the Ministry were due.

    (38) Mrs. Ehmke says that, throughout the year, Child K’s school-related anxiety was escalating because her disability-related needs were not being met. On April 24, 2018, Child K stopped attending School because of that anxiety. She never returned. The following year, Child K enrolled in a public school, where she received a Ministry designation and an IEP.

    Second, anonymization and why the HRT felt they should be publicly named. (Keep this case handy parents if you want your district named. Paragraphs on this topic are 5-34.)

    (7) The Tribunal has discretion to limit publication of identifying information where a person can show their privacy interests outweigh the public interest in full access to the Tribunal’s proceedings: Tribunal Rules of Practice and Procedure [Rules], Rule 5(6); Stein v. British Columbia (Human Rights Tribunal), 2020 BCSC 70 at para. 64(a). The Tribunal may consider factors like the stage of the proceedings, the nature of the allegations, private detail in the complaint, harm to reputation, or any other potential harm: JY at para. 30. It may also consider whether the proposed limitation relates to only a “sliver” of information that minimally impairs the openness of the proceeding: CS v. British Columbia (Workers’ Compensation Appeal Tribunal), 2019 BCCA 406 at para. 37. It is not enough to just assert that a person’s reputation may be tarnished: Stein at para. 64(c).

    (29) I appreciate that naming the School could make it easier for motivated and diligent people to identify the people who were involved in the events of this complaint. In that respect, my order will not perfectly protect the people involved. However, I find that – unlike the individual educators and staff involved – there is a specific public interest in the identity of the School as a publicly funded institution serving the public: A obo B v. School District 61, 2014 BCHRT 105 at para. 11. I am not persuaded that this public interest is outweighed by the potential that some of the educators may then be identified. There have already been a number of complaints and proceedings involving the educators and staff, and Mrs. Ehmke points out that many people within the community already know about the complaint.

    (30) I deny the application to limit publication of the name of the School.

    Thirdly, now let’s look at the whole TRB issue.

    There are parts of what is written here that have made me very happy that this is pointed out. In writing. In a decision. Available on CANLII forever and ever. And if the Ministry of Education is paying attention…which they should be. Poke poke Ministry, pay attention. Your procedural processes with how the TRB department comes to its decisions are in need of closer reflection and examination.

    I’ll say it again, just because I can. This time louder, for the people in the back.

    Your procedural processes with how the TRB department comes to its decisions are in need of closer reflection and examination.

    Ok….you heard that?

    Great.

    Let’s move on to the juicy details.

    (61) In this case, the Commissioner decided to take no further action following his investigation.

    What, pray tell, you may ask….how does such a thing happen… you may ask…. shocking isn’t it… (Insert eye roll).

    (83) I acknowledge, and agree with Mrs. Ehmke, that the process followed by the Commissioner to decide whether to take no further action under s. 52 is less procedurally robust than the process undertaken by a hearing panel adjudicating a complaint after a citation is issued. Various cases have recognized the lower level of procedural fairness required at the initial stages of a disciplinary body’s proceedings: eg. Kuny v. College of Registered Nurses of Manitoba, 2017 MBCA 111 paras. 21-22. The reason that there is a reduced duty of fairness at the preliminary stage is because the stakes are relatively low. The complainant’s legal interest is a right to have their complaint investigated: JN at para. 80. For the educator, a decision not to issue a citation allows them to continue in their profession without restriction: JN at para. 84. It is only at the disciplinary hearing stage that the educators’ right to practice their profession is engaged, and more significant obligations of procedural fairness arise: Kuny at para. 16(3), citing Kane v Bd of Governors of UBC, [1980] 1 SCR 1105 at 1113. This lower level of procedural fairness is reflected in the fact that the participants in the preliminary stage do not have notice 22 of each others’ evidence or arguments, or an opportunity to respond directly to each others’ materials.

    This inability for parents to respond directly to the teacher’s materials allows for all sorts of ridiculousness to happen. The teachers can respond to the complaint, but parents are never allowed to respond to the teachers submissions AND we aren’t even allowed access to read it. Umm…..HELLO. WTF! In Ontario, the Teachers’ college does give a copy of the submission to the parents. But not in BC. (I have an OIPC complaint currently in progress around this denial of access). BUT…. and this is a HUGE BUT. If you are in a human rights process, you can make an application for documents and get access to everything that they submitted. YES. You read that right. It can be….ummm….shall I say….. *cough*…..very eye-opening. I highly suggest it to any parent(s) going through the process. Something you may want to consider. *wink wink*

    Ok, continuing on. By the way I really encourage you all to read the case. All the paragraphs talking about the TRB are 42-117.

    (84) I do not find that the lower level of procedural fairness required at the preliminary stage of the disciplinary proceeding is determinative of whether the Commissioner’s decisions to take no further action were judicial. A process may be judicial even if it does not involve oral evidence, cross-examination, or adversarial argument, or where there are other more robust fact-finding mechanisms available. For example, courts may decide issues by summary judgement or trial, or may strike pleadings without making factual findings. In doing so, there is no question they are exercising a judicial function: see generally discussion in Hryniak v. Mauldin, 2014 SCC 7. Here, the fact that the parties did not have full procedural rights reflects the preliminary stage of the proceeding and not the nature of the exercise. I consider Mrs. Ehmke’s limited role in the proceedings to be a factor more helpfully considered when I turn to whether – as a matter of my discretion – it is fair to apply estoppel.

    My frustration with the process of the TRB and their circular logic can be read on my Professional Conduct Unit page. By the way, this page on my website is ALWAYS in the top 5 pages viewed.

    Another Human Rights Decision that was successful in exposing the harm that happened to a student, but yet had zero action decisions from the TRB was Student by Parent v. School District BCHRT 237. Seriously, how can anyone read this case and not have serious concerns that the TRB’s response was zero. Another parent that would have had a limited role in the proceeding with their “lower level of procedural fairness”.

    Ok…. I am getting off course here.

    I need to bring you back to another important part.

    (112) Finally, I consider the public policy considerations weighing against an estoppel. I recognize that the law requires parties to “put their best foot forward” to establish their allegations when first called upon to do so: Danyluk at para. 18. However, if a person filing a complaint to the TRB understood that their civil and human rights could be determined in the Commissioner’s investigation and decision about whether to issue a citation, it would create an incentive for complainants to “mount a full-scale case” at a stage where such an approach may not be warranted or appropriate within the statutory scheme: Penner at para. 62; Danyluk at para. 73. Alternatively, people may be deterred from filing complaints based on a possibility that their civil and human rights could be determined in a process where they have limited participatory rights: Penner at para. 63.

    Ok. I know this was a lot of reading. Thanks for sticking with me.

    The case decision is 34 pages. It’s long. But it’s a beauty.

    I wish you luck Lee!!

    Oh, and just for kicks. One more time. Just for you Lee. She is in a human rights battle with the Queen of All Saints School within the Catholic Independent Schools of Vancouver Archdiocese.