What can we Expect from the Ombudsperson BC Investigation?

To answer that question, we need to look at their role and how they have approached educational matters in the past.

If you are a parent who has received a decision letter, you will have it explained in that decision these statements:

“The role of our office is to impartially assess complaints of administrative unfairness brought against public agencies under our jurisdiction. Our assessment process examines whether the agency’s actions appear consistent with the applicable legislation, the agency’s relevant policy guidelines, and the broader principles of administrative unfairness.”

“My focus is assessing your complaint was on whether the District appears to have followed a reasonable process…”

“While I understand you think the District made the wrong decision, disagreement with a decision does not mean the decision is unreasonable.”

When we look at their previous decisions around education, again they don’t look at whether the decision itself is reasonable but the process.

As you can see here in this case (School’s Out) they focused on not whether the school made the right decision in doing what they did, but that they didn’t inform the parents there is an appeals process. Again, focusing on administrative process. To read more decisions in education you can see them here.

We can also look to their Fair Schools Report from 1995, on how they examine the process of what Fair Schools should look like.

Will they create a similar document, but around exclusion?

Will school districts around the province be told they need to create exclusion policies?

Currently, the administrative process around exclusion is a mess. Ombudsperson will be engaging in a year-long investigation into the “fairness around exclusion”.

Law often takes the best interest of the child approach. From an administrative fairness perspective, what should the legislation, policy or administrative process be for children dealing with exclusion and what is fair?

Ombudsperson BC focuses on this perspective in their announcement stating “Children have limited options to address unfairness in their education and school environments.”

From the child’s point of view, what is fair to them?

This still leaves parents out of the picture. Parents are struggling to work and pay their bills while their children are not allowed to attend school, even if the temporary exclusion is considered to be in the best interest of the child by the school. The School Act gives school districts the final decision around exclusion. Is this where family status complaints with the BC Human Rights Tribunal could fill in the gap?

Ombudsperson will not be examining whether exclusion is newly discriminatory. Each complaint system is a silo with their own legislation that guides them. They are not connected to the Human Rights Code.

Green silo - Teachers Regulation Branch - Educator Stand Teachers Act. Orange silo- Human Rights Tribunal - BC Human Rights Act. Blue silo - OIPC - FIPPA, PIPPA (Privacy Acts). Yellow silo - Ombudsperson BC, Ombudsperson Act. Purple silo-Whistle blower Section, Section 11 Appeal, WB Policy School Act

Something important to highlight from the Ombudsperson Act S.23 outlines what could happen after the investigation is complete.

Procedure after investigation

23   (1)If, after completing an investigation, the Ombudsperson is of the opinion that
(a)a decision, recommendation, act or omission that was the subject matter of the investigation was
(i)contrary to law,
(ii)unjust, oppressive or improperly discriminatory,
(iii)made, done or omitted under a statutory provision or other rule of law or practice that is unjust, oppressive or improperly discriminatory,
(iv)based wholly or partly on a mistake of law or fact or on irrelevant grounds or consideration,
(v)related to the application of arbitrary, unreasonable or unfair procedures, or
(vi)otherwise wrong,
(b)in doing or omitting an act or in making or acting on a decision or recommendation, an authority
(i)did so for an improper purpose,
(ii)failed to give adequate and appropriate reasons in relation to the nature of the matter, or
(iii)was negligent or acted improperly, or
(c)there was unreasonable delay in dealing with the subject matter of the investigation,

the Ombudsperson must report that opinion and the reasons for it to the authority and may make the recommendation the Ombudsperson considers appropriate.

(2)Without restricting subsection (1), the Ombudsperson may recommend that
(a)a matter be referred to the appropriate authority for further consideration,
(b)an act be remedied,
(c)an omission or delay be rectified,
(d)a decision or recommendation be cancelled or changed,
(e)reasons be given,
(f)a practice, procedure or course of conduct be altered,
(g)an enactment or other rule of law be reconsidered, or
(h)any other steps be taken.

They make recommendations. They can’t force the Ministry of Education and Child Care to do anything. BUT! It would make the Ministry look horrible if they ignored the Ombudsperson BC. AND, given that there has been so much media attention (which is absolutely wonderful), then hopefully the Ministry will be accepting of their recommendation.

All this to say…the analysis by the Ombudsperson BC is going to be VERY interesting. The public report will raise awareness of this issue in a way that we have never seen before. The media has been very interested in covering this topic, which is fabulous. We need to muddle through this topic and see where we land. The points of impact on this topic touch everyone and multiple groups of people who access and work in education. I am very pleased that Ombudsperson is shining a light on this issue, and will be looking at exclusion. It will be very interesting to see the results of their analysis and recommendations for “fairness”.

When it comes to exclusion, what is “fair?”

Ombudsperson states:

“By examining this issue we can make recommendations to support the ministry and school districts in meeting their inclusive education commitments and obligations to all students.”

It will take them a year to investigate.

I will be on the edge of my seat waiting for this to come out!

Advocacy Summer Camp

Hello Parents.

Welcome to advocacy summer camp. You have two months to get in advocacy shape for the upcoming school year in the fall. Well….technically you don’t have two months, advocacy is a life long learning journey, but it’s more of a reflection of the sense of urgency we all feel when our kids are struggling.

If you are new to advocacy and are wondering where in the world to start, here is your summer reading.

Let’s start here. With information. The more you know, the better you will be at advocating for your child.

Start with Your District Website

  1. What are their policies from the Board of Education?
    1. Each district will have a Board section with lots of policies around suspension, restraint/seclusion, anti-ableism, assessments, etc. Not every district will have the same type of policy.
  2. What are their documents around conflict resolution path?
    1. Most districts will have documents on HOW to resolve conflicts within your school. They have a path they want you to take based on hierarchy. Know that if your concern is serious, you can jump and skip steps.
  3. What is the appeals process?
    1. Everyone can submit an appeal to the Board of Education, and it should be outlined on your schools website. You can also find it referenced in the School Act. Section 11.
  4. What is your districts code of conduct?
    1. Read the district code of conduct. Also be aware of Section 177 under the School Act. There is no appeals process if this happens to you.

District websites can be a maze. A complete maze. Keep going.

Look at Provincial Manuals and Acts

  1. The School Act
  2. The Teacher’s Act
  3. FIPPA (Freedom of Information and Privacy Protection Act
  4. The Erase Website
  5. Special Needs Manual
    1. In this Manual (first page) there are links to the Special Needs Order, Individual Education Plan Order, Student Progress Report Order, Support Services for Schools Order
  6. Diversity in BC Schools Policy
  7. The Multiculturalism Act
  8. The Human Rights Code
  9. DPAC Parents manuals on advocacy and policy
    1. There are LOTS of information and manuals on this site.
  10. The complete list by the Ministry of Education, including homeschooling and online learning

Legal Cases in Education

  1. Link for education cases
  2. CanLii
    1. For instructions on how to research your own using CanLii scroll to bottom of the page.
  3. Education Law

What are my External Organization options?

  1. Professional Conduct Unit / Teacher’s Regulation Branch
    1. Here is my tip sheet on how to file a complaint
  2. Ombudsperson
    1. Here is my info sheet on more details
    2. Fair Schools Report
  3. Office of Information and Privacy Commissioner
    1. When you submit a Freedom of Information request with the school. If you feel you are missing information or they have redacted too much, you can submit a complaint and they will review it and investigate.
  4. Human Rights Tribunal
    1. Human Rights Clinic (lots of information, blogs, free education workshops, services)
    2. Here is my tip sheet.

Where Can I go for Advocacy Help?

  1. Inclusion BC
  2. Family Support Institute
  3. Dyslexia BC
  4. BCEdAccess to Education – Facebook group and website
  5. Independent Service Providers for advocacy support and counselling (email me and I’ll refer you)
  6. Legal Help
  7. Dial-A-Lawyer
  8. If you want a specific Education Lawyer – email me, I can refer you.

What about the Process of Advocacy?

  1. How to deal with silence
  2. Advocacy tips
  3. When going to the media, be careful of defamation.
  4. Most school districts have a retainer with Harris & Co . Be aware that their lawyers may be reviewing your emails way earlier than you think.
  5. **** I HIGHLY recommend you get support, and I REALLY encourage people to consider joining the BCEdAccess Facebook group with over 4,500 parents who have a vast knowledge of advocacy and insight and support. You are not alone. You don’t need to do this alone.

This page was last updated on July 21, 2022.

IF anyone has any more information of manuals that they feel belong on this list, please email me and I will update it.