Teacher Suspended – Not Following IEP and Safety Plan

We have an important consent resolution that has rightfully been making the news.

The Professional Conduct Unit (formerly Teachers Regulation Branch) doesn’t have a great track record.

In fact, most of the complaints parents file lead to “no action”. It has been confusing, disheartening, and a punch in the gut for many that leads us to question the legitimacy of this department in the Ministry of Education and Child Care that should be protecting the most vulnerable.

As shown by the annual reports by the Professional Conduct Unit, you can see for yourself.

2021-2022
2020-2021
2019-2020

You get the idea…puzzling isn’t the word…

In the year 2021-2202 out of 242 complaints/reports only 28 led to a consent resolution. If you read through them all, you will get a clear sense of which ones make it through. Most of them are sexual offences or related to physical safety.

There is a lot more going on in schools, unfortunately, that require action in order to keep kids safe from harm beyond just their physical bodies. Based on self-reporting of parents, especially for kids who are disabled, they just aren’t making it through, even when the human rights tribunal is accepting the same complaints from the same parents. Here is the discipline database.

Thankfully, most teachers will never experience this process because, well, they are just absolutely fabulous who have a genuine care for children. All of us parents and society will forever been in their debt. Forever and ever.

Other people….chose the wrong career.

Even though the TRB rarely, and I mean rarely, releases a consent resolution connected to a student with a disability, this recent case highlights that the teacher wasn’t aware of the students IEP and Safety plan, when they should have been, and states the incident has caused the student anxiety.

I was hoping this story would make the news.

And it did.

Many parents feel that IEP’s don’t get the respect they deserve. Some teachers follow them to a tee fully embracing them, and others completely ignore them. Ignore an IEP and safety plan and we could end up seeing you in the news one day.

Here is the full consent resolution that is posted on the Ministry of Education and Child Care’s website. Parents, you may want to keep this one on your computer. An advocacy tool.

Bellow are news articles on this important consent resolution. I will update them as they are posted in the media.

Vancouver Sun
Surrey-Now Leader
Vernon Now
Info News
BC CTV
Global News

Update: Administrative Procedure 356 Feedback from the Public

Communication I received from the Langley School District on Feb 9th, 2023.

“Thank you for sharing your questions and feedback. As was outlined in the meeting, the District is gathering feedback from the public, reviewing the information, and providing responses that pertain to Administrative Procedure 356. The District is also sharing a webpage which contains the meeting minutes, presentation slides, and question-and-answers from the meeting on the District webpage here.

The District is welcoming questions and feedback from the public until February 23, 2023.

To ensure equity and transparency, any additional questions from the public that were not answered in the question-and-answer period of the meeting and pertains to Administrative Procedure 356 will be shared on the same webpage after February 23, 2023.

Thank you for your feedback and helping contribute to our learning community.”

UPDATE: March 11th, 2023 – They have posted the questions and answers from the parents information night

https://www.sd35.bc.ca/wp-content/uploads/sites/2/2023/03/AP356-Additional-Questions-2023Mar10.pdf

An Open Letter to the Trustees of SD35-Langley

Dear Trustees,

I registered for the information session, Tuesday January 31st, regarding AP 355 procedure. At the last minute I was unable to attend due to the physical location of the meeting, but would have been able to attend if the meeting was online. I would like to communicate my concerns regarding your procedure. Even though my children are not in your district, other districts and parents are taking notice and your procedure has wider implications for other school districts to follow with similar procedures.

My concerns include the following:

  1. Potential for misuse. People in positions of power can use policies such as this as stepping stones for wider implications and inferences that leave vulnerable people even more vulnerable.
  2. Age. Other districts who have an exclusion policy have an age minimum of 16. However, this administrative procedure starts at kindergarten. That means some children being impacted by this procedure will be as young as 4 years old. This becomes enforceable on DAY 1 of kindergarten. The “spirit” of your procedure is very different than the other 3 policies I found online.
  3. Costs. There are financial costs to this procedure on families that are not being addressed by the school district. Will parents be reimbursed for their lost wages due to not being able to work for 3 days at a time? Due to systemic issues that are created and maintained by the Ministry of Education and how the public service of education is delivered in this province, it leaves parents shouldering the financial responsibilities and not the school district. Districts can be held financially responsible for human rights violations, lost wages and the cost of outside school programs. What happens here?
  4. Appeals. I have concerns that there is not already an established separate appeals process that is not a very cumbersome time consuming section 11 appeals process.  
  5. Delivery. I have concerns in which this information night was delivered. It could have easily been on zoom so that families with disabled children could access the information.  The barriers were evident and did not go unnoticed by the families who could not attend.  Due to the small number of people who were able to physically attend the information session, compared to the number of concerned members of the disability community who were interested in attending, the small “sample size” group who attended, you will be unable to make inferences to the larger population and feel that you fully understand everyone’s concerns.  It fulfills checking off a box on your to-do list, but little else, and I implore you to consider further community consultation via online as well.
  6. Reporting. Will there be reporting expectations from the district admin to the board so there is oversight? How often will these reports be expected to be reviewed and is there going to be a public anonymous quantitative data reporting system for transparency and legitimacy of your procedure? If you say this procedure will benefit the families for accountability, how will you be demonstrating that to the public that with evidence?
  7. Vague terms. It concerns me that there is a lot of vague undefined terms in this policy with no reference. Acts have definitions. For example, What does “exceptional circumstances” mean?
  8. Legal consultation. Will the school district be accessing their lawyers for legal consultation during the implementation of this policy? Will parents have the same access to legal consultation?
  9. Human System. Education is delivered through the means of a human system, designed and maintained by people. It is flawed and socially constructed by people who don’t often experience oppression. We are also in a state of educational crisis with severe staffing shortages and untrained adults working in the system who are not trained teachers or EA’s. The stress level of staff who are working in a system of scarcity and desperation will impact the learning environment and employees emotional regulation. This will transfer to the culture and behaviour of those children who are also navigating this human system. Children are not the creators of the environment that they are entering, they are reacting to their environment. It is recognized that we live in a society that is ableist, racist, classist, and education is delivered through a colonized lens. The children who are struggling to adapt to this system and who are most vulnerable will be mostly affected. How are families supported as they navigate this system that they have no control over? As per the school act, final decisions are the purview of the board and not the parents. Parents are responsible for facilitating decisions made by the schools or they can be seen as not fulfilling their duty to cooperate in good faith and human rights complaints will be dismissed. If parents disagree with the methodology that is being forced on their child, what is their recourse that will not risk their employment or make them homeless as they cannot pay their rent due to extended exclusion?  There are bound to be cultural and/or philosophical framework disagreements as professionals who work in disability education cannot even agree on appropriate approaches for specific disabilities and these disagreements even within these professions can lead to fierce emotional debate.  For example, Autism and Dyslexia.
  10. Diagnosis. Not all disabilities are even identified or screened by education staff, therefore many children are not even appropriately diagnosed. The mental health profession is understaffed and extremely stretched very thin with many people not being able to access supports until they are in extreme crisis, and even then the needs are just to high. In a failing system, with so many children falling through the cracks, how does this policy ensure that the education system is adapting to the needs on a macro systemic level? Does the Ministry of Education support this policy and do they plan on providing the school district with funding to ensure that children are accessing education in equitable ways? Will the Ministry of Education ensure that TOC’s will be provided so staff can have time to meet and consult with the appropriate professionals? And on that note, is the BCTF on board with this policy and 3 day cap? If the expectation is meetings are to be taking place and plans designed within 3 days, in the union on board with ensuring their staff are aware of their expectations? How will further professional training be provided to reduce the need for this policy to even exist?

Your responsibility in creating a procedure that doesn’t cause harm is very heavy. Please do not speed along the process. Please take into account the very community that you think this policy will benefit and that means a lot more consultation with community and collaboration with external non-profit organizations who advocate for vulnerable families.

If this procedure is discriminatory or harmful, external organizations will end up being involved in the process eventually and it will cause more harm and stress for everyone involved: school staff, parents, and most importantly the children. As young as 4 years old, on DAY 1 of kindergarten.

Sincerely,

Kim Block

Here is a link to their information and admin procedure link