In my experience, the aspect of education law that has the strongest legal teeth for students with disabilities trying to “access” their education, is human rights.
1. Human Rights – Duty to Accommodate. An important part of Education Law in BC is the Duty to Accommodate under the Human Rights Code.
This explains the different levels of the Duty to Accommodate.
- Duty to inquire (meaningful inquiry)
- Duty to consult in good faith (school with parents)
- Duty to facilitate (parents responsibility)
I highly recommend you view the section of my website with Human Rights Decisions – (cases). It is broken down by theme.
***I highly encourage every parent or disabled person to learn about their human rights.
For information on the Human Rights Process and tips from me, I have a Human Rights Tribunal Page.
2. Legislation – There is legislation that governs schools. This is the School Act.
You can file a Section 11 appeal if you don’t agree with the schools decision and it significantly impacts your child’s learning. Here is a guide.
3. Loco Parentis / Duty of care
Here is the link for Duty of care. Scroll to page 8.
“Traditionally, the teacher was considered to be acting in loco parentis. This means that in relation to the student, the teacher stands in the position of a caring, responsible parent and unofficial guardian.”
“All teachers have a legal and a professional liability and are governed by the Canadian Criminal Code and the law of torts or civil law in relation to their duty of care for students. Teachers’ professional liability occurs because their profession is governed by the Teaching Profession Act and the Education Act, and their conduct is subject to the Code of Professional Conduct and the general bylaws.”
https://www.teachers.ab.ca/News%20Room/Publications/Substitute%20Teachers/Pages/Chapter%204.aspx
https://heftlaw.ca/loco-parentis/
https://home.cc.umanitoba.ca/~wallind/chapterfour5.html
4. Education Malpractice
https://core.ac.uk/download/pdf/56369776.pdf
https://specialneeds-ns.blogspot.com/2007/09/tort-of-educational-malpractice-does-it.html?m=1