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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.

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Groupthink…Does it Exist in School Districts and on Boards of Education?

Groupthink is defined as “a process of flawed decision making that occurs as a result of strong pressures among group members to reach an agreement”.

“Groupthink is a phenomenon that occurs when the desire for group consensus overrides people’s common sense desire to present alternatives, critique a position, or express an unpopular opinion. Here, the desire for group cohesion effectively drives out good decision-making and problem solving.” mindtools.com

RELEVANCE TO PARENTS: This could be why specialty programs never evolve, why some programs designed to fail are accepted by Boards, why some programs are described as a “dumpster on fire” and how they slip through the cracks. How things that are obviously broken in schools, stay broken, and how systemic oppression to marginalized groups are rarely challenged.

Does anyone remember the NASA Challenger disaster that exploded in space? When they analyzed the process that led to the deadly decisions, they concluded it was partly due to Groupthink.

Groups that are too cohesive, too tightly bonded, too tightly dependent on each other, too tightly socially connected, and are too similar, will bread an environment where it’s best that everyone just agree. Even when the evidence is laid out in front of them, it will be ignored and the pressure to agree will push people to just go with the flow and carry on. Conflict, even productive conflict, will be discouraged. An environment will become the norm where no one speaks up…even when they should. Groups that are too cohesive apply social pressure for everyone to conform.  Disagreement is then seen as a negative trait, insulting to the members, or that person is labelled a trouble maker and their input is disregarded.

It takes a specific type of person to want to be a teacher. Many teachers have similar personality traits and temperaments, a common thread amongst all of them. For the people who have the desire to advance their careers, and for the ones who fit the tight mold of administration, I feel it’s a fair assessment in concluding they are all expected to belong to a very exclusive highly dependent social-work group.

Groups that create an environment where it is safe to disagree with the topic, are the level that we want our district and Boards to function.  Especially because open system groups are the most responsive to change and feedback from their community. **Feedback is a crucial part of the program management cycle.

Points of impact:

  1. Program development and program maintenance
  2. Whistleblowing, staff not being able to bring up concerning issues
  3. Discrimination – exclusion
  4. Racism
  5. Ableism
  6. Policy development
  7. Workplace toxicity (Employee depression, bullying, etc)
  8. SYSTEMIC CHANGE

One way to tell if the Board of your school district is potentially stuck in a Groupthink path is to conduct an interaction diagram.

When you attend Board meetings…is everyone just agreeing? Constructive conflict is healthy. If you are doing an interaction diagram and all you see are support lines…you might have a poorly functioning Board.

Common Roles in Groups:

Task Roles

  1. Defines problems
  2. Seeks information
  3. Gives information
  4. Seeks opinions
  5. Gives opinions
  6. Tests feasibility

Group Building and Maintenance Roles

  • Coordinating
  • Mediating-harmonizing
  • Orienting-facilitating
  • Supporting-encouraging
  • Following

Individual Roles (Non-functional)

  1. Blocking
  2. Out of Field
  3. Digressing

After a few meetings you can start to identify if statements are ones that are asking questions for clarification, which statements are supporting other points of view, which ones are blocking, disagreeing, requesting more info etc.  Pick a few that you observe as repeated the most often and then start plotting. For every statement/question put a line. The arrows that go into the center of the group are statements that are said to the group. The arrows that directed at a specific person go directly to them. Then for any repeats of similarly purposed statements get a tick on the same arrow. This allows you to get a visual of how they function as a group. Too many supportive statements aren’t necessarily a sign of a functioning healthy group.

If school districts are interested in auditing their staff meetings from time to time, to get a birds-eye-view so to speak of how they function, the person doing the tracking, can’t be involved. Some meetings move really quickly and it will take practice for people to quickly identify and assess the types of statements/questions made. This is a quick way to take a pulse of the group for anything on the surface, and groupthink could be obvious.

For the parents attending board meetings, it’s great practice. Board meetings tend to move slowly so it’s a great place to practice and build your skill. Soon, you’ll be able to identify roles people play in PAC or school meetings.

Ideally, we want Boards of Education and district teams to have a high level of trust and respect in the group, where discussion or disagreement is welcomed, critical thinking is expected and they are open to feedback.

Sites of interest:

 * https://sites.psu.edu/aspsy/2020/10/07/how-groupthink-played-a-role-in-the-challenger-disaster/

https://sma.nasa.gov/news/sma-news-archive/watch-out-for-groupthink

https://medium.com/disruptive-design/tools-for-systems-thinkers-the-6-fundamental-concepts-of-systems-thinking-379cdac3dc6a

https://searchcio.techtarget.com/definition/systems-thinking#:~:text=Systems%20thinking%20is%20a%20holistic,the%20context%20of%20larger%20systems.&text=According%20to%20systems%20thinking%2C%20system,of%20reinforcing%20and%20balancing%20processes.

Systemic Impacts of Scarcity in Education

I’d like to bring up the subject of scarcity and the concept of applying the impacts of limited resources in the education system. It could be physical, social, emotional, or mental scarcity.

Limited resources change how people interact and behave at the most primal survival levels. There are already many scholar reports on how scarcity affects decision making and neuropathways.  Scarcity is when there are limited resources and people are not getting what they need.  Animal and human behaviour will change in these environments. When something is scarce, people will put a higher value on it. People will use social capital, aggression, secrecy or whatever strategies they can to obtain those limited resources for their own unfulfilled need. This is evolution and not a personality deficit.

Whittling the education system to bare bones and creating an environment of such limited resources will turn Mary Poppins into Cruella Deville in just a few months. Work environments can become toxic. Communication and information among staff can be used as a source of power.  Confidentiality among staff can be used as a social manipulation tool to build a sense of belonging or exclude.  Subgroups become even more exclusive. People are being set up to fail. It’s not personal. It’s systemic design. Evolutionary instincts will kick in, and not the kind ones. Stress bubbles will burst. People will snap. Children included. Recruiting and retaining quality educators for any length of time, will be challenging. This will have more of an impact on students with disabilities and those in marginalized communities. I repeat. This will have MORE of an impact on students with disabilities and those in marginalized communities.

Understaffing is a form of scarcity. When there aren’t enough people to fill the job duties that are required for functioning, and people need to step over their own job description boundaries to fill in for other people’s work, that has multiple direction points of impact. If it’s chronic, then you’ll see the ripple effects of scarcity.  Work environments will become “unhealthy” and over time people will become very dissatisfied with their work, ultimately pushing them out of the system and creating a deeper wedge in the cycle and it just goes on and on.  Underqualified staff just filling “the body” in the role, is not the solution.  Take a look at the number of job postings for school districts and take a look at the ones that are just continuously on repeat.  The districts are all in the same basket. They are even competing with each other trying to coax staff out of each other cities with advertisements.

School districts are extremely complex human systems. The number of connections and moving parts is overwhelming to me when I try to put this system into a visual representation. It looks like a large spiderweb post wind storm. Not only do I look at all of the individual parts when I look at a system, but it’s the connections and relationships and what is generated out of those connections that also makes my head spin. Now put this very complex system in a situation of scarcity. This has disaster written all over it.

The alarming fact is that the direction the current climate of education in this province is heading, will require people to become even more competitive over the limited resources. Money won’t solve all of society’s problems; however, chronic underfunding is definitely the fuel to this education fire…amongst other things.

Brainstorming exercise:

Let’s list all of the resources that someone seeks in the education system. (I will list a few, but really, I am hoping to encourage the conversation and for people to start making their own lists)

Resources in education. (Staff and students)

  • Social relationships- support, sense of belonging, attention, power, purpose
  • Mental stimulation, communication, information, choice, adequate training, knowledge, context & meaning…blog about context and meaning for students coming in the near future!
  • Physical space, food, water, access to washroom, fresh air, safety…and yes all of this applies to staff too!!
  • Access to tools to complete tasks/goals with success
  • Time to process, time to complete work, alone time, enough sleep – proper work hours (homework or class planning)
  • Currency – (staff) to access resources in their personal life and avoid scarcity

Now take all of those resources to function. Put someone in the situation of abundance. All the time in the world, lots of attention, all the communication and information they need to understand their environment. Now take the minimal of what you need and cut it in half.  Survival mode kicks in. You will have very different people on your hands.

If people have options, they will leave the system. We all have our breaking point.

Who is controlling the resources to this system?

It’s not the school districts. They may be managing…I mean struggling, with the system, but they aren’t the Wizard of Oz at the end of the road. The Ministry of Oz is hiding amongst ambiguous unanswered questions in their huge castle.

Provincial systemic issues, are going to need a provincial intervention approach, and will require a provincial response.  Let’s start with some resources, shall we? Adequate funding please.

The Impending Education Tsunami

This year has been hard for the education system and everyone in it. I’d love to tell you that there is great news ahead, but there isn’t. There is also an education tsunami out there on the horizon. I can see it just starting to show itself, but it is still far enough away that it hasn’t caught the attention of too many parents. Some parents though are starting to notice it while standing on the beach.

For other reasons than budget and capital projects, I have been attending monthly Board meetings since Nov 2019 and committee meetings since they started up during COVID.  Without purposefully seeking to understand the education system more, I have been exposed to some educational realities that I would not have normally been exposed to, which has led me to see the oncoming tsunami.

At these meeting, I have become a witness to some of the workings that school districts and Boards of Education allow the public to witness.  Meetings always feel to me like a show. I wouldn’t even describe them as the tip of the iceberg because even what is discussed or presented on, I don’t feel is a true reflection of what public education is. When you attend meetings over time, patterns start to emerge. Themes will cycle. Personalities of the Trustees will unfold.  (At least in my district, it is comforting to see that care for the children from our Trustees, is not the issue.) When attending meetings, you need to look at not only what is being discussed, but also what is not being discussed.  What I also find very interesting is comparing Board of Education pages on the different school districts websites. It would be fascinating to have a provincial connected team of parents, that shared information about Board meetings across the districts. Got a monthly snapshot of what was happening on a provincial level.

I was doing some research months back and I came across an archive picture of a school Board meeting in my district in the 1970’s. It was incredible because it was standing room only. It was packed with people! I can tell you that when Board meetings were in person pre-COVID, I could count on one hand how many parents showed up that were not part of a delegation, for the whole year.

The financial situation that my school district is in, concerns me. It concerns me a lot. Don’t let the most recent financial drop intended to be spread out provincially from the Ministry for “pandemic related” recovery fool you. It’s the temporary pacifier meant to sooth you. The next few years are going to be very interesting. The kind of fascination of watching a building topple over when they take a wrecking ball to it, but with the added layer of fear.

I expect staffing qualified people is going to get much harder and based on the budget and capital realities, public education in every way shape and form is going to slowly deteriorate. We are frogs in hot water with the dial creeping up. The correlating factors affecting education are all linked to the changes that have been occurring in our society, on top of a foundation of chronic under funding.  Because the government has a reactive approach to education, they are always years behind, playing catch up.

I’d like to throw out a consideration for people to think about. I am asking for people over the summer to consider either themselves to start attending their school districts Board meetings, or get a group of parents together to take turns and take notes. We need to have our eyes on the tsunami.  School district’s need to know that the public is following, and the Ministry of Education needs to know that the public is aware. When governments think people aren’t watching them…that’s when they start to turn up the dial. They’ll find their sweet spot of what they can get away with, and what will create public outcry. They are testing us. What are parents begrudgingly willing to accept?

*** This blog, most of it, was posted as a letter in the Burnaby Now local news.

https://www.burnabynow.com/opinion/letter-not-enough-burnaby-parents-watching-as-budget-cuts-happen-3885761