Self-Advocacy and Victim Blaming in Education

Certain elements of self-advocacy need to be in place.

1. The person on some level needs to be accepting of their disability AND be willing to talk about it.

2. They have to be able to identify when they need help.

3. They need to identify what they need help with and have the language to express it.

4. They need a trusted adult who has proved their willingness to listen to them over time.

5. The child needs to feel heard.

6. The child needs to feel that this trusted adult will believe them when they say they need help.

7. This needs to be repeated enough times and be predictable enough for the self-advocate to feel comfortable and safe to advocate for their needs.

Often school staff will say…..

Well _____________ happened, but if XXXX advocated for himself, this wouldn’t have happened.

That is BULLSHIT.

Children since they enter school are socialized to believe they MUST follow authority or something really bad is going to happen. They think they will be disappointing all the adults in their lives, and kids deep down just want to make their loved ones love them.

All they want to do is to make the adults (especially their parents but also their teachers) in their lives happy so that they will feel worthy and good about themselves. We need to look at their situation through the lens of a child.

There is so much systemic ableism, that people don’t want to acknowledge it. If they do, they are now responsible for changing it.

Learning self-advocacy can take a lifetime. Adults have a hard time advocating. It’s stressful and anxiety-producing for all of us. We need to have realistic expectations for our children. Especially when they are navigating an oppressive system, based on hierarchy, and control. They live in this environment 5 days a week, we don’t.

We have a human rights decision on our side.

It’s easy for schools to make us think our kids share responsibility or are responsible for all of it.

Let’s keep in mind….

Self-advocacy expectations have been defined by the BC Human Rights Tribunal. In Student by Parent v. School District BCHRT 237.

[90]           Generally, it is the obligation of the person seeking accommodation to bring forward the relevant facts: Central Okanagan School District No. 23 v. Renaud1992 CanLII 81 (SCC), [1992] 2 SCR 970. This can be challenging for children, and especially challenging for children with invisible disabilities. I agree with the Parent that children who require accommodation in their school are in a different situation than adults seeking accommodation. Though they have a role to play in the process, that role will be age and ability-specific, and the burden cannot be on a child to identify and bring forward the facts necessary for their accommodation.

Blog from Self-Represented Parent – Human Rights Complaint – Anxiety

The parent who self-represented her daughter has anonymously written a blog about the recent human rights decision on the BC Ed Access to Education website.

To read it click BEHIND THE DECISION: REFLECTIONS AND IMPORTANT FINDINGS ON THE RECENT HUMAN RIGHTS EDUCATION CASE

Self-represented Parent of Child’s Education Discrimination Case – Partial Win – Human Rights Tribunal

This is the only completed case that I have seen by a self-represented parent in BC, in an education case. And they succeeded in a partial win.

Student (by Parent) v. School District, 2023 BCHRT 237

Some important gems in this decision that I see are:

Meaningful inquiry

[99]           Next, in B v. School District, 2019 BCHRT 170, the evidence supported that the school district provided the child with the recommended supports and accommodations. The Tribunal found that it was “only with hindsight” that it was possible to say that the child could have benefited from more support: para. 81. It dismissed the complaint in part because there was insufficient evidence to demonstrate that the school district reasonably ought to have known that the child required more: para. 98. In contrast here, I have found that the District had sufficient information to trigger some kind of inquiry or response beyond asking the Student how she was doing and, assuming the counsellor did this, advising of available supports.

[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.

[104]      In sum, I have found that the conditions in the Student’s grade 8 Language 10 class exacerbated the Student’s anxiety and trichotillomania, and that the District failed to take reasonable steps to investigate and address those conditions during the period between April 24, 2019, and June 27, 2019 (the last day of school). I find this is a violation of s. 8 of the Human Rights Code, and warrants a remedy, which I address below.

Around self-advocacy for children with invisible disabilities:

[90]           Generally, it is the obligation of the person seeking accommodation to bring forward the relevant facts: Central Okanagan School District No. 23 v. Renaud1992 CanLII 81 (SCC), [1992] 2 SCR 970. This can be challenging for children, and especially challenging for children with invisible disabilities. I agree with the Parent that children who require accommodation in their school are in a different situation than adults seeking accommodation. Though they have a role to play in the process, that role will be age and ability-specific, and the burden cannot be on a child to identify and bring forward the facts necessary for their accommodation.

IEP – For a Child with Generalized Anxiety Disorder and Trichotillomania

[59]           This ends the period of this complaint.  However, it is important to note that, in the Student’s grade 11 year, the school developed an individual education plan, or IEP, for her. This IEP set out the Student’s strengths, learning preferences, and goals. It identified specific supports for the Student, including flexible due dates, ensuring the Student was not put on the spot in class, reducing workload whenever possible, providing a quiet learning environment, and frequent teacher check ins. It also established that the Student would meet bi-monthly with the school counsellor to work on her goals. The Student’s grade 11 counsellor explains that she saw the IEP as a way to reduce the burden on the Parent and to support the Student to advocate for herself. From the Parent’s perspective, this was a welcome development that should have been done much sooner.

[7]               In this case, there is no dispute that the Student has disabilities, namely generalized anxiety disorder accompanied by trichotillomania (hair pulling). She is protected under s. 8 of the Human Rights Code from discrimination in her education. This complaint is about the Parent’s allegation that the symptoms of the Student’s disabilities were exacerbated in grades 8 and 9 because of her experience in Language 10 and Language 11, and that the District failed to accommodate her disability-related needs in those classes.

** Even without a designation at the time, she is still protected under the Human Rights Code.

Mental Health Stigma – Failure to Identify Diagnosis

[34]           The Parent did not see this email at the time. From her perspective, the email was not adequate to appropriately communicate the scope of the Student’s school-related needs. It did not fully communicate what the Parent had told the counsellor, and what she had expected would be passed along to the teachers. She felt it was also not realistic to think that the Student would approach a teacher and ask to be excused; in fact, this was not an option that it seems the Student ever exercised. In the Parent’s view, the failure to identify the Student’s diagnoses perpetuated the silence and stigma of mental health and undermined the Student. The message contrasts, for example, with the communication that the Parent sent to the Student’s teachers at the start of her grade 9 year, which said:

Communicating and providing evidence of a diagnosis

[13]           In light of the Student’s barriers in advocating for herself, the adults in her life have had to take on a more proactive role. The Parent’s open and active communication has been critical to ensuring that the Student’s needs are recognized and met in school. Throughout the Student’s education, the Parent has let her schools know about her disabilities, and that she may require monitoring because she is unlikely to proactively seek the support she needs.

[14]           There is no dispute that, due to the Parent’s advocacy, various individuals within the School District were aware of the Student’s diagnoses before and during the period of this complaint. For example, in the spring of grade 7, the Parent provided the elementary school with a note from the Student’s psychiatrist confirming that the Student had a “long-standing diagnosis of General Anxiety Disorder”. At the Parent’s request, this note was placed in the Student’s school file.

** This is a very important aspect as this ensures that a district has a duty to accommodate.

From the Human Rights Clinic Blog, Stress, Anxiety and the Duty to Accommodate, they explain…

“However, she did not provide any medical information that said she had a mental disability.

The Tribunal dismissed Ms. Matheson’s complaint, stating that “an essential element of a complaint of discrimination in employment on the basis of mental disability is proof that the complainant either had a mental disability… or was perceived to be mentally disabled by the employer.”

Here is Ms. Matheson’s case.

Family Status – Human Rights Complaints in Education

Here is some clarity to something that can be confusing when it comes to parents adding themselves to their child’s human rights complaint in education. (Your complaint will also need to pass the discrimination test.)

You need to file separate complaints. One for your child and one for you. Then, when and if they are both accepted, then you need to file an application to join them.

As a parent, it makes logical sense in our head to just include ourselves in our child’s complaint because we see everything so connected, but that is not the process that one needs to go through. So, to save yourself some time in further applications and playing catch up, when you file your child’s complaint, also file a separate complaint for you. Wait to see if both are accepted and then you need to file a 7.1 Form to join the complaints.

Here is the application page. You will want Application Form 7.1 – General Application. If you go to page 2 of 7, on that list, 7th on the list down, you will see “Join two or more complaints”

It is highly likely that the respondents will be making submissions for them not to be joined, or to dismiss your complaint. So, just mentally be prepared for that.

Here is the groundbreaking case that brought this option out in the open. So thankful for this brave parent.

Groundbreaking BC HRT – Accepts Parent on Child’s HR Complaint

Direct link on CanLII

You may want to quote this case directly in your complaint.

Also, keep in mind the one-year time limit for filing. If you file outside of the one-year time limit you may want to consider this case. Also, be aware that you will need to have evidence of the harm related to your loss of work or emotional harm.

Experience is such a valuable teacher.

If you have any questions, call the BC Human Rights Clinic. They are the best people to talk to about your complaint or any questions about the process. Processes do change, forms change, and with each new human rights case decision that gets posted – arguments can change. (This blog was written on Dec 21st, 2023)

Communication Expectations in Education Defined by BC Government

Parents often wonder….

  • how much communication is too little?
  • Too much?
  • Am I allowed to…?
  • What can I expect?

Some parents have lots of communication with their children’s teachers and other parents are struggling not knowing any information or too little to even advocate for their children.

If you hit a brick wall or if you are not getting the information you need, having a policy from the government on communication expectations can be the key you need to get you through the door.

As of July 1st, 2023 this is the Reporting Policy from the BC Government.

Here are just a few clips from the policy statement. To read the full document click here.

Policy Statement

Meaningful and flexible communication of student learning across British Columbia’s K-12 school system ensures parents/guardians and students are informed about student learning.

All learners benefit from individualized descriptive feedback and personal involvement in the assessment process.

Communication of student learning is ongoing throughout the year. This Policy is designed to ensure school districts have the freedom and flexibility to communicate about student learning in a way that best meets the needs of students; this includes communication with students and parents/guardians that is inclusive, accessible, and culturally responsive.” 

Teachers provide timely feedback to parents/guardians and/or students that is responsive to student needs. The communication between home and school can take many forms.” 

Rationale

Meaningful and flexible communication of student learning in clear and accessible language enables parents/guardians, students, teachers, and administrators to proactively work together to enhance student learning. This Policy ensures the student and parents/guardians are partners in the dialogue about the student’s learning and the best ways to support and further learning. Students benefit when they and their parents/guardians are made aware of their strengths and areas of needed growth and are provided support early.”

Documenting the Harm

You are feeling helpless.

Out of control.

Wondering what you can say to convince educational staff to not give up on your kid….

The complete desperation, I remember that feeling. I see you and I hear you.

You aren’t sleeping and you are spending hours staring at your ceiling wondering if an answer will present itself.

I will tell you something very very important.

You. need. to. document. the. harm.

All of it.

And not just the harm to your children. You too! Did you lose a promotion? Lose an educational opportunity? Did you quit your job? Have to leave school?

This is going to feel weird.

This is going to feel like you are stepping beyond the boundaries of normal family life. Yup and yup. You are going to feel that your child’s privacy is being violated. Yup. I get the heartache. Totally.

Documenting the harm that your child is experiencing from the education system can be one of the most powerful forms of advocacy, that a parent can gather.

Here is why.

You need evidence to be undeniable.

You need evidence so that you are not dismissed.

Human Rights.

A very important test of human rights complaints and Charter challenges is proving that you or your child is being disadvantaged (harm) because of their disability.

Without evidence, the human rights tribunal will state that your allegations are nothing but conjecture. And will dismiss your case. Done.

Dadmand v. School District No. 36 (Surrey), 2011 BCHRT 323

IN THE MATTER OF THE HUMAN RIGHTS CODE

R.S.B.C. 1996, c. 210 

[16] That provision creates a gate-keeping function that permits the Tribunal to conduct preliminary assessments of human rights complaints with a view to removing those that do not warrant the time and expense of a hearing. It is a discretionary exercise that does not require factual findings. Instead, a Tribunal member assesses the evidence presented by the parties with a view to determining if there is no reasonable prospect the complaint will succeed. The threshold is low. The complainant must only show the evidence takes the case out of the realm of conjecture.

You need admissible evidence. Period.

Without it, the district will be confident that you will not complete your obligation in the legal test of proving discrimination.

This is about the harm that has already occurred. Not something that you anticipate for the future. Something that has occurred in the PAST, and that you have evidence for.

So…… what proof/evidence do you need?

These are things I would think about?

Videos/Pictures/Witnesses/Doctors visits/Counselling visits, etc.

  • Is our child losing sleep? Are they eating less? (Keep a log)
  • Are they writing or drawing out their feelings? Keep their creative expressions.
  • Did you need to increase anxiety medication?
  • Are they requiring counselling? (Note: Government-free counselling will not testify as it is a conflict of interest and the school district knows that)
  • What are you witnessing at home? Log details of everything and take videos.
  • Are they refusing to leave their bed?
  • Are they refusing school? Document the days and for how long. Match it up with attendance on their report cards.
  • Are they self-harming?
  • If you are seeing any mental health responses describe the behaviour as if an alien is watching… what are they doing? For example, they are rolling in bed picking skin off of their right leg and smearing blood on the wall. (Did you take pictures of the blood?) Describe everything from a clinical perspective. I know this is hard, but you need to do it.
  • Are you filming them melting down after school? You can hide the camera.
  • Keep their school work with their grades on the pages
  • Keep all the report cards, suspension reports and emails

From the Human Rights Tribunal

******

What is evidence?

Evidence can be:

  • oral testimony: a witness answers questions in person, or over a speaker phone if the member agrees
  • documents: documents, such as pay stubs or letters, are given to the tribunal member by a witness and are marked as an exhibit at the hearing
  • things: sometimes witnesses give the tribunal member other things such as photographs – just about anything that helps prove your case – these things may also be marked as an exhibit at the hearing
  • affidavits or other statements: a witness’ evidence can be given to the tribunal in writing – this can be a statement such as a letter, or a statement made under oath or solemn affirmation called an affidavit
  • expert evidence: evidence from an expert that may be oral testimony, an affidavit, or a written report

What evidence will the tribunal accept?

The tribunal can accept almost any evidence that is relevant, which means that it relates to the complaint or to the response to the complaint.

http://www.bchrt.bc.ca/law-library/guides-info-sheets/guides/getting-ready.htm

******

You get the idea, depending on the child, the list is endless.

As parents, we know what we know, but we need to prove it. Otherwise, our allegations are essentially worthless.

I actually don’t believe that school staff truly understand the harm that is happening to children and families. We don’t all live in the same world. They don’t see what we see.

This is why, we MUST document the harm in order to tell our kids stories.

Even if we feel that nothing will happen. You never know what years down the line will bring.

Keep the evidence.

The opportunity may present itself in the future to speak your child’s truth.

Burnaby Teachers are Joining the Inclusion Conversation

Today in The Burnaby Now newspaper there is an opinion piece written by the BC Teacher’s Federation.

I love that a teacher’s organization is speaking up about the challenges to inclusion and it’s not just parents making noise in the media.

The Ministry of Education and Child Care needs to fund and pay for teachers, EA’s and support staff to return to work earlier than the first day of school so that inclusion can be planned for and parents consulted.

For the full article:

Opinion: Burnaby educators committed to inclusion, fully funded public education

What is Fatal to a Human Rights Complaint in Education?

A and B obo Infant A v. School District C (No. 5), 2018 BCHRT 25

I have heard of many families in very complex situations. Parents/guardians are struggling with accepting/agreeing to accommodations offered by the school that they feel very strongly won’t work. If you are thinking that the human rights process is a process you might be considering, there are important things to note.

I have pulled the paragraphs/parts of paragraphs from this case that I feel are important for simplicity.  I highly encourage people to read the full case to understand the context of everything and how a hearing and the Human Rights Code are applied. It is a layered case and the complexity of the situation is something many families can find themselves in.  

I’d like to also note, that even though we are reading this case, there might be information that is not written about that this family may feel is very important that was left out.

Let’s look at the issues this case brings up and how we can be prepared for them.

Some of the topics this case brings up are:

  1. The importance of documentation and having as much evidence as you can.
  2. Witness testimony from parents and education staff (credibility conflicts)
  3. The role and responsibilities of parents/guardians.
    • The duty of parents/guardians to facilitate accommodations
    • Parent/guardian credibility
    • Parents/guardians duty to cooperate in good faith

“If the School District initiated a reasonable proposal that would, if implemented, accommodate the Child, then the Parents were obliged to facilitate that proposal. Failure to do so is fatal to their complaint of discrimination.”

DIRECTLY FROM THE CASE:

[37]           I am entitled to accept some, none or all of a witness’ testimony. Where there was disagreement in the evidence, my findings and reasons are set out. Where necessary to do so, I have assessed credibility and considered factors such as the witness’ demeanour, powers of observation, opportunity for knowledge, judgment, memory, and ability to describe clearly what they saw and heard….(continues)

[38]           In resolving conflicts in the evidence, and determining whether to accept the evidence of any witness, in whole or in part, I have adopted and applied the test set out in Bradshaw:

Credibility involves an assessment of the trustworthiness of a witness’ testimony based upon the veracity or sincerity of a witness and the accuracy of the evidence that the witness provides. The art of assessment involves examination of various factors such as the ability and opportunity to observe events, the firmness of his [or her] memory, the ability to resist the influence of interest to modify his [or her] recollection, whether the witness’ evidence harmonizes with independent evidence that has been accepted, whether the witness changes his [or her] testimony during direct and cross-examination, whether the witness’ testimony seems unreasonable, impossible, or unlikely, whether a witness has a motive to lie, and the demeanour of a witness generally. Ultimately, the validity of the evidence depends on whether the evidence is consistent with the probabilities affecting the case as a whole and shown to be in existence at the time. (Bradshaw, para. 186, citations excluded)

[39]           I find that the most helpful evidence in this case is the documentary evidence created at the time of events…(continues)

[42]           I have assigned relatively little weight to the Mother’s evidence where it conflicted with the first-hand accounts given by the School Counsellor, Principal, Vice Principal, and Teachers H, M, and G. I have found the Mother’s hearsay evidence considerably less reliable than the direct evidence of reliable witnesses, where there is a conflict.

[43]           The Mother acknowledged that she was probably not present for most of the incidents at school that involved her Child. At times, she had a hard time recalling events. For example, the Mother’s testimony on the psychoeducational assessment of her son was wrong by one year. She acknowledged that she was “out a year”. The Mother testified that there is no reason to dispute the emails that were authored by her at the time. The Mother testified “that is what I wrote at that time”.

[44]           During cross-examination, the Mother responded to several questions regarding her testimony about her Child’s version of events by saying that she did not know or was not there. She acknowledged that most of her knowledge of the incidents came through her Child. I find that her son was more likely than not motivated to minimize his involvement in some incidents when reporting them to his Parents, so as to avoid discipline. For example, the Mother described disciplining the Child in relation to an incident where he swore at the Principal. She described their punishment as “Draconian”. (In retrospect, the Mother regretted using that word in her letter). As another example, regarding the November 2016 Incident, the Child only reported to his Parents that he grabbed another student by the collar, whereas I find, as a fact, that the Child choked a student, pushed him over a railing, and spat in his face.

(Parents’ Obligations (Paragraph 248-260) ** Important to read in the case. This case was dismissed and discrimination was not found. )

[258] In summary, the evidence shows that the accommodation process of the Child at school was often frustrated by the unreasonable actions or inactions of his Parents. The Parents did not attend re-entry meetings after the Child was sent home from school; the Parents attended the first IEP meeting, but refused to attend future IEP meetings. After November 2015, the Parents stopped providing comments to draft IEPs that were sent to them for review. The Parents refused to participate in the creation of a Safety Plan for the Child. The Parents did not provide the requested medical and psychological information to enable the School to modify the Child’s IEP. The Parents rejected the Principal’s offers of an educational assistant, classroom change, pod change, and school change. The Parents interfered with and rejected the psycho-educational assessment performed by a school psychologist. The Parents opposed any involvement of the District’s Intensive Behavioural Team with the Child. The Parents refused to allow an educational assistant to work with the Child despite it being recommended by his teachers, School Counsellor, and Principal. In a letter dated May 2016, the Parents wrote that the Principal was the “root cause of all this mess”.

[248]      The School District is not the only party with obligations in the accommodation process. Rather, the parents were obliged, as the Child’s representatives, to work towards facilitating an appropriate accommodation: Central Okanagan School District No. 23 v. Renaud1992 CanLII 81 (SCC), [1992] 2 SCR 970. If the School District initiated a reasonable proposal that would, if implemented, accommodate the Child, then the Parents were obliged to facilitate that proposal. Failure to do so is fatal to their complaint of discrimination.

Again, I highly encourage everyone to read the full case. I appreciate every family who has taken their case to the human rights tribunal hearing level. Even cases that have not “won” are still beneficial. It is through their experiences and stories that the rest of us learn and therefore become better advocates for our children to navigate this current system.

TAKE AWAY LEARNING

Whether this is fair or unfair/just or unjust/right or wrong…to uphold a human rights complaint…this is what I take away from this case.

  1. We need to be so thoughtful in how we communicate with the school.
  2. We need to be solution focused.
  3. Our credibility just like the staff’s credibility may be a part of the hearing process if there are issues around credibility and the relationship with the school.
  4. We need to document everything and gather as much evidence as we can.
  5. We need to cooperate and facilitate accommodations and if they are not successful, document the failure. (Paper documentation, video, etc)
  6. We need help. We should seek guidance and advice from as many professionals and other advocacy support people as possible if we find ourselves in a challenging advocacy situation at our child’s school.

However, it is also important to be aware.

"Parental conduct or lack of parental authority cannot be used as a justification for not meeting an exceptional student’s needs;"

To view the document on CanLII’s website:
L.B. v. Toronto District School Board, 2015 HRTO 1622 (CanLII)

"a parent’s “fierce advocacy” for his or her child must not and cannot prevent a school board from accommodating the child’s needs to the point of undue hardship."
[77] The Interim Decision sets out my reasons for issuing an order with respect to the first two points, as follows:
(a) School boards have an obligation under the Code to accommodate their students with disabilities to the point of undue hardship, regardless of whether the students are receiving any medical treatment in the community or not;
(b) School boards cannot order or demand of parents to place their children into residential psychiatric treatment programs and cannot deny or withhold accommodations to the point of undue hardship on the grounds that the student should be in such a program. While I have no evidence to show that this was the case here, that does not alter the principle;
(c) School boards have an obligation under the Education Act to provide appropriate special education placements, programs and services to their exceptional students. Parental conduct or lack of parental authority cannot be used as a justification for not meeting an exceptional student’s needs; and
(d) I agree with the decision in R.B. v. Keewatin-Patricia District School Board, (R.B./Keewatin) 2013 HRTO 1436, an HRTO decision cited by both parties in this case, at para 265, that a parent’s “fierce advocacy” for his or her child must not and cannot prevent a school board from accommodating the child’s needs to the point of undue hardship.
Here is the link to the case in full: https://canlii.ca/t/gmd68

For more updated human rights process information please click on my Human Rights Tribunal page and scan down to the “Things that are not explicitly explained but are good to know…”

For more information on understanding the duty to accommodate.

I offer an Education/Human Rights Workbook to parents/guardians. Hopefully, this process can help clarify your case.

I wish you all the best,

NEW! Dyslexia Advocacy Society of BC has a BLOG!

Woohoo!!!

Dyslexia Advocacy Society of BC Contact us 778-839-1540
Picture of the front page of the blog titled Dyslesia BC Blog, first post: Lets make sure we get structured literacy into BC schools.

Dyslexia BC now has a blog and what are they posting about?

Some upcoming advocacy action. That’s what!

“Next week, starting on April 27, 2023 the British Columbia School Trustees Association (BCSTA) is having their 2023 AGM and they have a motion at the table submitted from the North Vancouver School Board (No.44)  that   is called “Learning Disability (Dyslexia) and Policy/Guidelines for Screening in Kindergarten.”  To help support this motion we have written a letter to the BCSTA Board.”

To read the letters and support the very important motions, visit their blog at Dyslexia BC Blog

Resolution Options in Education

You have a situation at your child’s school that you realize, with all your best efforts, is not being resolved internally. You need help. You need an external organization to intervene. Who do you go to?

Not necessarily an easy question.

Some have retaliation protection built into their legislation, some do not.

Each option is connected to their own separate legislation. They are each a silo and operate independently. They are not connected. Knowing which avenue is most appropriate can save you months and even years of potential disappointment or wasted time.

Here are your options and the legislation they are attached to.

** All of these processes will require you to provide as much documentation (evidence) as possible.

  1. Professional Conduct Unit (Teachers Regulation Branch)

The TRB is connected to the Teachers Act. If the teacher in your child’s class has violated the standards for educators you can file a complaint. The Commissioner will determine if their behaviour was enough of a marked departure to lead to a consent resolution. The TRB will not consider human rights discrimination in the way that the HRT will. They are connecting the teacher to the Teachers Act and their professional standards, not determining if their behaviour was discrimination or related to the human rights code.

Before you file a TRB complaint please read this information.

There is no retaliation protection built in to the legislation, they advise you file another complaint for the retaliation.

2. Ombudsperson BC

The Ombudsperson of BC deals with administrative fairness and is connected to the Ombudsperson Act. So if education staff are ignoring you, not explaining their decisions to you or not following their own policy, then you could file a complaint with them.

You can go on their website and see their check lists to know if the administrative or procedural unfairness that you are experiencing is something they can assist you with. They can do an early resolution if you are being ignored. Silence, unfortunately is not uncommon in education.

There is retaliation protection built into the Ombudsperson Act.

3. Human Rights Complaint

The HRT deals with the Human Rights Code. It is an administrative tribunal and this area connected with disability in education is most likely going to be tied to Section 8: Duty to Accommodate. This is a legal process connected to the Human Rights code. That’s it. They will not be applying school policy to their decision making, just the Code. Understanding the components of the duty to accommodate is key.

There is case law around the schools responsibility to prevent continued bullying, and not having barriers that would prevent a disabled child from accessing their education connected to a duty to accommodate. This includes a duty to inquire, a duty to consult, and a duty to co-operate in good faith. Parents then have a duty to co-operate in good faith, a duty to facilitate the decision, and need to accept accommodations that are being offered that will remove the barrier for their child to access their education. This doesn’t mean the best accommodation, just enough to remove the barrier. I highly recommend you consult a lawyer. On the HRT website they have a list on where to get help.

There is a very firm 1 year limitation.

You can request it go through a “fast track” process if your issue is urgent.

There is retaliation protection built into the Human Rights Code.

4. Section 11 Appeal

This process connects with the School Act. As a parent you can file a section 11 appeal if you disagree with a decision that the school is making and it is significantly affecting your child and their education.

This process is faster than the Human Rights Tribunal process.

This advocacy is more open to looking at how policy and discrimination are impacting the student. Here are some guidelines.

Here is the Section 11 Appeal Manual.

5. OIPC

OIPC follows the Freedom of Information and Privacy Protection Act

If you submit a Freedom of Information Request and they have redacted information you want access to, or are withholding information you feel you should have access to, or are delaying and not following the guidelines in providing you your FOI request, you can file a complaint with the OIPC and they will examine your case.

Here is how to make a complaint.

6. Education Mediation

Education mediation is connected to the Education Mediation Act. This is an option I know very little about, and would be relying on this legislation for information just as anyone else looking at it for the first time.

If anyone has gone this route and would like to share their experience with me, I would love to hear about it. Please email me at Kim @ speakingupbc.ca

7. Whistleblower Policies

All school districts are required to have whistleblower policies. If you are dealing with lying, manipulation and unethical behaviour, this is a route you may want to investigate further and pursue. Each school district should have this policy posted on their website. You may need to find it through the Board of Education section of their website under policies or administrative procedures.

8. Advocacy groups (highly recommended)

Support is essential when advocating in education. Having someone knowledgeable with experience to guide you is very beneficial.

BCEdAccess Society & Parents Facebook group
Inclusion BC
Family Support Institute