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Education & Disability Rights

Every Canadian has the Right to an Education. This is protected under the Canadian Charter of Rights and Freedoms.

Children with confirmed disabilities as diagnosed by a doctor are entitled to accommodations for their disability. This is protected by the Ontario Human Rights Code, making it a violation to:

1. Discriminate against anyone with a disability, or
2. Refuse to accommodate anyone with a disability.

In an academic setting children are entitled to accommodation necessary to access their education. What this means is:

1. A child must have a diagnosis which confirms a disability.
2. The accommodations must be directly related to compensating for the disability.
3. The school must be made aware of the disability and the accommodations.

Working with the teacher, principal and designated school staff is a crucial part of advocating for your child and ensuring they receive the help they need and deserve. Understanding the process, policies and procedures can be time consuming, confusing and emotionally draining for a parent who is already dealing with a child and his/her challenges.

It is truly unfortunate that schools are not always forthcoming with accurate information and assistance. If you have any questions about process, policies, procedures or your child's rights, please speak to a professional.

The following information may be of help.

An Individual Placement and Review Committee (IPRC) should be requested and held to determine the appropriate placement for the child based on their needs. A request for an IPRC is a legal request that cannot be ignored by the school. The medical reports supporting the diagnosis and accommodations should be made available to the school. You are entitled to have an Advocate present at the meeting. If you are uncertain about the placement you are being offered DO NOT sign the IPRC. Take a copy of the IPRC with you and consult a professional. Once the IPRC is signed, it is deemed to be agreed to and is a legal document. If you do not agree with the placement that is offered, there is an appeal process to the Special Education Appeal Board (SEAB). See below for details of SEAB. If you do not sign the IPRC determination record, and do not appeal, the IPRC will be deemed to have been accepted.

Without an IPRC, the school does not have to provide accommodations to a child. They may opt to complete an IEP, but it may not meet or be appropriate for your child's needs.

The accommodations required to meet the child's needs should be detailed in an Individual Education Plan (IEP). This document should clearly identify:

• What the areas of needs are,
• How the accommodations will be implemented, and
• How the success of the accommodation will be measured.

Medical reports should be consulted in the development of the IEP to ensure the accommodations are specific to the area of need.

If at any time your child is not receiving the accommodations necessary to access his/her education, you should consider consulting with a professional to determine if your child's Rights are being upheld.

Special Education Appeal Board (SEAB)

If you do not agree with the placement that is offered at the IPRC, there is an appeal process to the SEAB. The SEAB is a panel of three people: one chosen by you, one chosen by the school board, and a chairperson agreed to by both parties. No one on the panel is permitted to have prior knowledge of the child. This panel is provided the documentation that was relied on to make the placement determination. They make an independent recommendation for the placement needs of the child. The school may or may not accept and act on the recommendations. The cost for the SEAB is covered by the school.

Tami Cogan accepts designations as a SEAB panel member.

Ontario Special Education Tribunal (OSET)

OSET is a provincial tribunal to whom an Appeal is made in the event that the school has not given the placement at the recommendation of the SEAB. Only a licenced paralegal or lawyer may represent a party at the OSET, unlicensed advocates are not permitted to represent. The findings of the OSET must be implemented by the school as it is a judicial order.