Nogotiaing the Maze – Part 5


The principal, Ms. Smith, responded by arranging to speak to the mother that morning. She immediately spoke to the school’s special education resource teacher as well as the classroom teacher to talk to them about Emily and her needs. The school also allocated an educational assistant for part of the day to provide support.

 Comment: The principal and the school acted appropriately by taking immediate action to provide initial programs and services and to collaborate with the parent.

 Relevant legislation and legal principles.

30. 9. (1) In accordance with requirements under the Education Act, no pupil is to be denied an education program pending a meeting or decision under this Regulation. O. Reg. 181/98, s. 9 (1).

 The concreteness of the visual impairment makes it obvious and  self evident  that Emily should be in school.  It is also always clear that a child with a visual impairment should and could be identified with an exceptionality. The above regulation states that programming and services must not wait until the child is identified.

 The Education Act states that all children have a right to be school.

33. (1) A person has the right, without payment of a fee, to attend a school in a school section, separate school zone or secondary school district, as the case may be, in which the person is qualified to be a resident pupil.  1997, c. 31, s. 13.

Ontarios human rights regimen would also come into play if the school in any way either denied or limited access to school or denied or limited appropriate accommodations for Emily to have meaningful access to education.

Under the Code, education providers in both the publicly funded system and in private schools have a legal duty to accommodate students with disabilities up to the point of undue hardship. Ontario Human Rights Commission – Elementary and Secondary Education

In Emily’s case if you were a dispute her right to be registered in school. However, children with other needs help at times encounter difficulties registering their children. We will explore this possibility in the next post.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s