Hewko v. B.C., 2006 BCSC 1638 (CanLII)
This case highlights the schools responsibility to consult with parents and for them to be included in the accommodation process.
From the case:
Duty to Consult
[342] The relevant statutory provisions with respect to a School District’s obligation to consult with parents and students are found in the School Act, and in particular, ss. 4 and 7.
[343] Section 4 of the School Act provides that: “A student is entitled to consult with a teacher, principal, vice principal or director of instruction with regard to that student’s educational program”.
[344] Section 7(1) of the Act provides that:
A parent of a student of school age attending a school is entitled
(a) to be informed, in accordance with the orders of the minister, of the student’s attendance, behaviour and progress in school,
(b) on request, to the school plan for the school and the accountability contract of the school district, and
(c) to belong to a parent’s advisory council established under section 8.
[345] Section 7(2) affords the parent the right to consult with school staff regarding their child’s educational program:
A parent of a student of school age attending a school may, and at the request of a teacher, principal, vice principal or director of instruction must, consult with the teacher, principal, vice principal or director of instruction with respect to the student’s education.
[346] The Individual Education Plan Order and the Mandate for the School System adopted by B.C. Order-in-Council 1280 (August 30, 1989), also require that the parents of special needs students be afforded the opportunity to be consulted about the nature of their children’s education. Pursuant to s. 4 of the Individual Education Plan Order, school boards are required to consult with the parents of special-needs students about the content of the individual education plan for each student. It provides:
Where a board is required to provide an IEP for a student under this order, the board…must offer a parent of the student…the opportunity to be consulted about the preparation of the IEP.
[347] The Mandate for the School System reiterates that parents have the right and responsibility to participate in the process of determining the educational goals, policies and services provided for their children. Teachers have the responsibility to ensure that each student is provided with quality instruction, permitted to participate in all normal school activities and to monitor the behaviour and progress of each learner in accordance with provincial and local policies.