Advocacy Summer Camp

Hello Parents.

Welcome to advocacy summer camp. You have two months to get in advocacy shape for the upcoming school year in the fall. Well….technically you don’t have two months, advocacy is a life long learning journey, but it’s more of a reflection of the sense of urgency we all feel when our kids are struggling.

If you are new to advocacy and are wondering where in the world to start, here is your summer reading.

Let’s start here. With information. The more you know, the better you will be at advocating for your child.

Start with Your District Website

  1. What are their policies from the Board of Education?
    1. Each district will have a Board section with lots of policies around suspension, restraint/seclusion, anti-ableism, assessments, etc. Not every district will have the same type of policy.
  2. What are their documents around conflict resolution path?
    1. Most districts will have documents on HOW to resolve conflicts within your school. They have a path they want you to take based on hierarchy. Know that if your concern is serious, you can jump and skip steps.
  3. What is the appeals process?
    1. Everyone can submit an appeal to the Board of Education, and it should be outlined on your schools website. You can also find it referenced in the School Act. Section 11.
  4. What is your districts code of conduct?
    1. Read the district code of conduct. Also be aware of Section 177 under the School Act. There is no appeals process if this happens to you.

District websites can be a maze. A complete maze. Keep going.

Look at Provincial Manuals and Acts

  1. The School Act
  2. The Teacher’s Act
  3. FIPPA (Freedom of Information and Privacy Protection Act
  4. The Erase Website
  5. Special Needs Manual
    1. In this Manual (first page) there are links to the Special Needs Order, Individual Education Plan Order, Student Progress Report Order, Support Services for Schools Order
  6. Diversity in BC Schools Policy
  7. The Multiculturalism Act
  8. The Human Rights Code
  9. DPAC Parents manuals on advocacy and policy
    1. There are LOTS of information and manuals on this site.
  10. The complete list by the Ministry of Education, including homeschooling and online learning

Legal Cases in Education

  1. Link for education cases
  2. CanLii
    1. For instructions on how to research your own using CanLii scroll to bottom of the page.
  3. Education Law

What are my External Organization options?

  1. Professional Conduct Unit / Teacher’s Regulation Branch
    1. Here is my tip sheet on how to file a complaint
  2. Ombudsperson
    1. Here is my info sheet on more details
    2. Fair Schools Report
  3. Office of Information and Privacy Commissioner
    1. When you submit a Freedom of Information request with the school. If you feel you are missing information or they have redacted too much, you can submit a complaint and they will review it and investigate.
  4. Human Rights Tribunal
    1. Human Rights Clinic (lots of information, blogs, free education workshops, services)
    2. Here is my tip sheet.

Where Can I go for Advocacy Help?

  1. Inclusion BC
  2. Family Support Institute
  3. Dyslexia BC
  4. BCEdAccess to Education – Facebook group and website
  5. Independent Service Providers for advocacy support and counselling (email me and I’ll refer you)
  6. Legal Help
  7. Dial-A-Lawyer
  8. If you want a specific Education Lawyer – email me, I can refer you.

What about the Process of Advocacy?

  1. How to deal with silence
  2. Advocacy tips
  3. When going to the media, be careful of defamation.
  4. Most school districts have a retainer with Harris & Co . Be aware that their lawyers may be reviewing your emails way earlier than you think.
  5. **** I HIGHLY recommend you get support, and I REALLY encourage people to consider joining the BCEdAccess Facebook group with over 4,500 parents who have a vast knowledge of advocacy and insight and support. You are not alone. You don’t need to do this alone.

This page was last updated on July 21, 2022.

IF anyone has any more information of manuals that they feel belong on this list, please email me and I will update it.

Keeping the Hope Alive

Advocacy can feel like your trying to build a sand castle in the midst of a sandstorm. I sometimes stop, take a step back, and admire the ridiculousness of my efforts. Some people become depressed over time. They lose hope. They get overwhelmed. They hit the burnout wall. Yup, Yup and Yup for all of it! Been there, and you know what….I’ll be in those places again. Temporarily, hopefully. It’s just part of the process. Everything is a cycle. Winter, spring, summer and fall. We season through and cycle through the many emotions.

But here is the good news.

It is impossible for human systems to never change. Never ever ever will things always stay the same.

Systems can feel like unformidable fortresses. They are a tough nut to crack, I’ll give you that.

Some may think, oh what is the point of trying it’s not going to get any better. Well, you are right in some regards, it could get A LOT worse.

The beauty of human systems is that they are fluid. People change. We do think differently, we do learn, we do bend. Change is always a very slow process and so it often doesn’t get recognized until we compare things to 20 years, 60 years, or 120 years ago. Laws change, expectations change, and what we hope for changes.

Everything that we do, what we advocate for, it all matters. It all makes a difference. The small advances do build. Most of the time, we will never really appreciate or are aware of the true impacts of our efforts. In our pursuit of equality we can pause, we can take breaks, we can heal, we can pivot our efforts and change our approaches or learnings. We can do all sorts of things….we just can’t ever give up.

#advocacy

Teacher’s Regulation Branch (Professional Conduct Unit)

Here are some interesting stats I have looked at, see below.

For Jan to March 2022, only 14% reached consent resolution stage.

In the past year I have looked at all of the discipline reports for consent resolutions. Here is the conclusion:

Reports of sexual nature: 10

Reports of risk/harm of physical safety: 7

Reports of negative emotional experiences: 5

Of those 5 involving social/emotional experiences

1- teacher disciplined for Facebook post

1 – teacher had multiple offences of similar behaviour

1 – report made by the district

2 teachers were disciplined for showing inappropriate material in the classroom

I have so much to say on this topic, but I’ll have to save most of it for later. 😉 Just wanted to give you all some info. If you are making a complaint, it will help if you can tie it to some sort of physical risk. Also note that the Commissioner is going to be looking for a “marked departure” from the teacher’s standards. He uses the Teacher’s Act as the guide for the administrative tribunal process. He needs to believe that if it went in front of a hearing panel that they would all see a “marked departure” from the standards.

Even if your complaint doesn’t reach any consent resolution it is kept on the file of that teacher. So if there is a repeat of behaviour, it will probably help another parent who is in the position of also having to make a complaint.

Reports from the district seem to be MOST successful. If you have serious concerns about a teacher, one resolution could be that the district agrees to write a report to the TRB. That will more likely make it through than coming from a parent. Also note, that if you have serious concerns about a teacher and the superintendent doesn’t inform the TRB, that is an offence in the School Act against that Superintendent.

Ministry of Education & WILFUL BLINDNESS??

Can the Attorney General intervene with the Ministry of Education over Wilful Blindness??

Legal term – Wilful Blindness: “The Supreme Court of Canada held that wilful blindness is best described as “deliberate ignorance” and emphasized that it should be treated as a state of mind that is equivalent to actual knowledge.” & “Wilful blindness…involves no departure from the subjective inquiry into the accused’s state of mind which must be undertaken to establish an aider or abettor’s knowledge.” (Verdon-Jones S, 2020, p.98)

  1. Deliberate Ignorance of Case Law Regarding Counselling Notes

I emailed the Ministry of Education and their Legislation department on October 27th, 2021 and informed them of a gap in their legislation connected to counselling notes, and an order from the OIPC (Office of Information Privacy Commissioner) and the upheld decision of such an order by the BC Supreme Court.

I have blogged about it.

The Ministry of Education ignored my multiple emails and my attempts at communication. I filed an Ombudsperson complaint in early December, which forced them to communicate with me and on March 7th, 2022 we finally had a conversation. They acknowledged the gap in the system.  They have been aware for 7 months and so far…I haven’t seen or heard of any changes. The Board of Education has also been aware since October 26th, 2021 and I have not seen or know about any attempts at updating policy to reflect case law, which the Ministry of Education states is their responsibility.  They are also ignoring my emails regarding this topic.

  • Deliberate Ignorance of Human Rights Violations across the Province

Due to a Freedom of Information request and a phone call with the finance department it was revealed that the Ministry of Education isn’t tracking human rights violation financial data that are occurring across the province. The Freedom of Information on the financial implications of such complaints had to come from the Ministry of Finance. Talk about deliberate ignorance.  I have also written a blog about this topic.

  • Deliberate Ignorance in the Professional Conduct Unit department. (Formerly – Teacher’s Regulation Branch)

I have emailed the Ministry of Education, the Executive Director of the TRB and the Commissioner. I have raised serious issues regarding their process and their legislation and the connection with Ombudsperson. They refuse to respond or discuss these issues. I am not telling them their welcome mat is crooked, I am telling them their house is on fire. They undemocratically responded by closing the door. There will be an upcoming blog about this. It’s been over a year and processes are still occurring with Ombudsperson regarding these issues. More to come about this later. Last year I blogged about a call for fair process. Since then, the story gets deeper. For those who need some inside tips on the process, here you go.

  • Deliberate Ignorance of Educational Malpractice

When I presented the Ministry of Education with a document containing evidence of my allegations of educational malpractice, they referred me to Ombudsperson and the Teacher’s Regulation Branch. Both due to systemic and legislative reasons were dead ends. When I went back to them, they apologized and said there was nothing they could do. It turns out there are no avenues for accountability in the education system regarding educational malpractice. Nothing.

What are we supposed to do when we have a government body refusing to uphold case law, deliberating ignoring human rights violations, closing the door of any conversation related to systemic oppression, and having no accountability system for allegations of malpractice?

Anyone have any ideas?????

I’d love to hear them.

Seriously.

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References

Verdon-Jones, Simon N. (2020). Criminal law in Canada: Cases, questions, and the code. (7th edition). Top Hat.

Freedom of Information Request Denied – Ombudsperson

Friday May 20th, I submitted a Freedom of Information request to Ombudsperson BC requesting the following information.

“I would like data of the past 10 years, (May 2012- May 2022) of how many parents have submitted complaints with the Teacher’s Regulation Branch, and how many of those complaints were investigated by an investigator. Please separate the data by year.”

Today, May 25th my request was denied. In a letter from the Deputy of Ombudsperson it was explained to me that FIPPA has very limited access to Ombudsperson due to that they are an office of the Legislature and I can only access information they post publicly. They recommended I look at their annual reports.

SO……

I went through all of their authority statistics reports. I can’t get any information specific on the Professional Conduct Unit (formerly Teacher’s Regulation Branch), only under the Ministry of Education. Based on the information in their authority statistic reports, I have created a graph for easy consumption.

This graph depicts the number of files Ombudsperson opened connected to the Ministry of Education from 2011-March2011. Data for this previous year will be posted on the Ombudsperson website in a month or two.

Here is a table version of the same data.

I find their annual reports and authority statistics reports to be very interesting. I highly encourage people who are interested in human systems, data and social justice to take a look.

For each file that was opened, you need to be so frustrated with your situation that you are filing a complaint with Ombudsperson, and be willing to wait months for something to be resolved…or not.

I have recently submitted an FOI request through the Ministry of Education requesting very similar and more detailed information. I will keep you all posted.

Also, keep in mind the the Ministry of Education is not tracking any Human Rights Complaint data. As I have blogged about previously, through another FOI request result.

Defamation. You said what?

I had the wonderful opportunity to attend the defamation lunch and learn put on the PLEO society today. https://www.pacificlegaloutreach.com/initiatives

I recommend it to anyone who is interested. I took notes, and these are them below. Some of the terms I jotted down for future reference, and let me acknowledge that I think this workshop could have gone on for a week, there is just so much to discuss and talk about, so these notes are no way an exhaustive list on the topic.

Hopefully you can understand my notes or some of these terms can help you in your own research or lead you to inquire with legal minds about the topic. As someone who blogs, I find this topic fascinating. I can see how this area of law and the discussions around free speech are just going to intensify. Free speech to me is a VERY worthy conversation.

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Defamation is an area of law – protecting someone’s reputation who has had bad things said about them. Hatred, ridicule or contempt.

Said something about you, that it’s published, defamatory – something with a real sting to it.

Liable or slander

Oral or written – can take either form

Even if it’s deleted, still repercussions. It wont matter that it’s been deleted.

Defamation law around hundreds of years old

Someone is presumed to have a good reputation. The damage in defamation go to repair the harm in your reputation. You would need to prove your loses, what you lost due to the defamation statements.

Is a statement defamatory. The judge would decide – What does the statement you made actually mean?

The judge would need to decide if it went beyond insult or criticism.

You can have clear defamatory statements or it can be an innuendo.

Social media has been wonderful for defamation lawyers. Social media posts are not personal conversations, they are to the world. Lawsuits are on the rise.

Sometimes defamation lawsuits draw more attention to the statement and can make things worse.

It is not just a person it can also apply to an organization.

The organization can defame or be defamed. The person who said those things, can also be sued along with the organization.

Defenses?

Truth is a defense – the responsibility would be on the defendant (person who is being sued for defamation) is on them to prove that it is true.

Defense of Fair comment – free speech rights.  – matter of public interest

It can’t be said in a malicious purpose. Eg. You got fired, and so you are making a statement

Two types of privelage. Absolute privelage and qualified privelage (moral obligations, etc) Duty to warn

Duty to warn – is protected.

Qualified privelage is very narrow. Saying you were abused in a tweet, wont cover this.

Right to speak vs. Right to keep a reputation

The law does not protect a sexual assault survivor to speak their truth. The survivor can be sued.

The protection of Public Participation Act 2019. PPA – what kind of speech do we want to protect. The legislation is still new. Not enough case law.

Be ready to back up your statements. If you can support it, than you can make it.  Present it as a fair comment.  You can still be sued, even if you have a defense. They can sue you, just to sue you.

Who is your audience, who are you doing this for? Why are you saying this?

Defamatory is very accusatory, pointing fingers as someone specific

An opinion has be to be one that is reasonably held.

Comments meant to be kept in a friends social media group can be shared

Republication – recent case law

You can be liable for republicizing someone else’s comment. One person posted on Facebook and other people commented. The originally poster was found responsible for other people’s comments. Due to – It was the probable consequences of making such a post in the first place.

You can’t control where your posts go.

Term – Fair dealing

Don’t be fearful about commenting, but do be respectful. If you get it wrong, apologize. A comprehensive apology online.  It stops the damages clock.

If you do defame someone, use your words to deescalate and apologize.

What Does Ableism Look Like in Schools? It Looks Like This!

When a teacher daily allows a student with a learning disability to fail their class, but does not even lift a finger to inform the case manager or parent, that is ableism and its discrimination. Disabled children failing, falling behind and being excluded without accommodations have become the normality of the education system. It’s so common, it is woven into the fabrics of the system.

They just invisibly slip through the cracks, while a detailed IEP sits in a student database system collecting digital dust.

The fact that the Ministry of Education intentionally doesn’t even track information regarding the human rights violations that are occurring across the province is an example of ableism. Disability issues don’t affect them, so they have the privilege to ignore it. Want to know how to systemically keep a marginalized group of people oppressed? Keep them off your radar to begin with. OH…and by the way…the group the people the Ministry of Education are intentionally oppressing, are disabled CHILDREN and their family unit.

What is even more profound is that these teachers who are discriminating are caring people. They love teaching and are inspired by the creations of their students. We think ableist teachers are lurking somewhere in the dark with DON’T CARE tattooed on them, when in fact that simply isn’t the case. When children are ignored and neglected in the education system by good teachers, that is obvious discrimination at its finest. The “other” students get their gifts, and the disabled students get left alone, left behind, and just….left.  There are lovely people out there in the world completely unaware of their own biases and the normality of disabled children failing, just blends in with the wall paper.  It’s not even a big thing. It’s just something that happens. Shrug.

This is very common in the education system, and the ableism these kids experience is then internalized, becomes part of their self-concept, self-esteem and identity. Want to know why kids turn to drugs and crime? Failure in the education system has been proven to be foundational in many of the peer reviewed journal articles. IT’s not that we do not know. It’s not that more studies are need to be done. We have all the information. Government is just biased, ableist and discriminatory and this shows in their government run and funded education system. It oozes out of the pores of all 60 school districts. It’s not obvious to the people who are not impacted by it. You need to look at the system and not just focus on what is there, but what is missing. Who is missing?

We need to flip this education system upside down and inside out. The future of their lives and our society depends on it.

Ministry of Education- It is time for anti-ableism leadership from your government.

Are we on your radar? Or will we continually be swept under the rug?

Why a Diagnosis?

I worked as a school secretary and one day one of the teachers needed support from the principal for one of her students in the class. The principal was new and so she quickly went to the student files, plucked out the child’s file, flipped through it to make sure there wasn’t something she needed to know and then flew off to the class.  I realized in that moment that I should have something written confirmed by my child’s professional of their diagnosis, and not just have this info in emails and verbal conversation. If anything happened at the school, a staff member would check the file and they would be aware.  Wow, I have been SOOOOO thankful that I had that exposure and followed through in making sure that documents were in place for both of my children.

As you can see HERE on the BC Human Rights Clinic page they state:

In a case called Matheson,[4] Ms. Matheson filed a human rights complaint alleging that she was subjected to abusive behaviour from a supervisor. She had a history of anxiety and panic attacks as well as depression. On two occasions during her employment, Ms. Matheson informed her employer that she was suffering from “stress.” However, she did not provide any medical information that said she had a mental disability.”

The Tribunal dismissed Ms. Matheson’s complaint, stating that “an essential element of a complaint of discrimination in employment on the basis of mental disability is proof that the complainant either had a mental disability… or was perceived to be mentally disabled by the employer.” Click HERE for her case.

Matheson’s case was dismissed because she did not inform her employer (school district) of her disability.  If we do not have a written diagnosis in their student file with the school, as a parent if you file a human rights complaint, the respondents (school district’s legal representation) will cite the Matheson case and your human rights complaint will be dismissed.

We have got to get our kids formally officially diagnosed by proper professionals or your child has no legal human rights ground to stand on.

We need this diagnosis for the following reasons:

  1. Legal human rights processes
  2. Application for disability tax benefits (if applicable)
  3. Navigating the health system for proper medical care
  4. Advocacy in the education system for proper accommodations
  5. Social and emotional reasons – so parents are not blamed for having poor parenting skills and they are able to find other parents who have children with the same disabilities and get support.
  6. For the child – so they understand why they are having specific challenges and they don’t blame themselves for the wrong reasons. For acceptance and self-esteem reasons.

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Here is the wisdom, lived experience, and reflections from parents of children in the education system across BC. Thank you to all who were willing to share.

It’s a diagnosis not a label. I find once my kids knew why things were hard they stopped labelling themselves “stupid, lazy, dumb.”

  • Anonymous

I think a diagnosis helps us to know ourselves….better. it’s been a breath of fresh air to me personally and has helped me forgive myself a bit easier. It’s also helped me identify things that work and don’t work.

On a wider societal scale: .for ADHD, there’s so much stigma, misinformation, out there it’s hard to feel comfortable disclosing..

I ask myself why would I hide my identity/diagnosis? Why do I feel so scared of sharing?

Obvs cuz we are likely to be met with incredulity of “you aren’t that disabled” or they treat you as less than, and that is hard because-as XXXXX said they have power over us.

What they do with that information is the concern….the biases that come into play when they have that information in hand.

But I also know that being loud and proud and dispelling the myths of the neurodivergence I personally have, perhaps can help open the doors for folks around me.

However, I don’t speak from an intersectional voice (I mean not just “being female”). And as such I hope to be an ally to those who do and amplify their voices.

Because there’s even more work to be done there.

My hope is one day everyone can be loud and proud about themselves.

  • Chantelle Movay

And yet WHY should we have to make our private medical information public/known to people who have power over us in order to get support and accommodation? The idea that we have to out ourselves to be able to make a claim is problematic.

  • Anonymous

Our son was diagnosed in 2018 and since then we have seen a world of difference. Because of his formal diagnosis, we were able to get him the support he needed at daycare (1:1) and now in school. He lacked social skills and would only parallel play with his peers but because of his Supports & EAs he has flourished and now plays really well with his peers. The diagnosis has also given him access to speech therapy within the school, an IEP and other tools/resources to help him succeed.

  • Elena Lawson

Human Rights expects this in order for you to be entitled to accommodations. I know that is why it is critical and needed. As for my own child, in general professionals have never been able to give accurate recommendations. People can see “autism” and think they know what my son needs. But then surprise PDA, you actually don’t know shit.

  • Anonymous

I am relieved that you bright this to light. Accommodations and supports/ language/ professional and so on will never be enough. For our family it has been lifesaving – literally. We have found the most inspiring family’s that we could ever ask for. I am grateful for that. 😊

  • Anonymous

Having an early diagnosis for our older child led to assessments and diagnoses for all of us. That has led into participating in groups with others who started traveling the road before us and getting recommendations which, we wouldn’t have heard otherwise. I can’t imagine what family life would be like for us now without that first diagnosis and learning about other options to parenting from mainstream expectations. It’s hard enough as it is, but that would have been awful. In fact, I’m not sure our marriage would have survived. I’m not sure how my partner would have survived mental health crises. Having diagnoses has led to support options through their online school which would not have been available otherwise and which we wouldn’t have been able to provide out of our own limited finances.

  • Anonymous

We had our youngest diagnosed in grade one despite all the comments of “don’t give her a label” from relatives, friends and school admin. It was by far the best thing we ever did to put us on a path of understanding and acceptance. It has led to success in academics and my daughter has become a strong advocate for her needs. There are still some road blocks because of the severity of her Learning Disability but she is well equipped to find solutions to her issues.

  • Cathy McMillian

Without documentation of dx, we run the risk of trying to reinvent the wheel every year. Let’s channel the energy and hopefully the enthusiasm to what works. As well, if everyone could get accommodations by saying junior needs extra time or a scribe or oral exams …. We have to have a measurement or standard

  • Shannon Saunders

Socio-economic privilege provides access to diagnosis. Families in lower classes, disproportionately single parent households, are not provided with this same access. There are additional attitudinal barriers and medical bias that plays into even accessing the inequitable public system, along with personal barriers that are not supported (eg. difficulty navigating fragmented systems). BIPOC children are more likely to be written of as a behavior or family problem, without access to robust multidisciplinary assessment. Assessment and diagnosis are important for many many reasons. But using it as a gate to equity and support puts our most vulnerable families at risk.

  • Anonymous

A diagnosis made it easier for my child to qualify for accommodations in university. Without those accommodations he would struggle to succeed.

  • Anonymous

We missed out on so much due to lack of knowledge of dx and teen attempting suicide and spending 3 weeks in hospital as a result. I’m soooooo very mad at family doctor, psychiatrist, walk-in-clinics, counselors, school, and MCFD. Since dix, I have learned so much more

  • Anonymous

I value this as a way to deflect personal views..refer to medical i always said..but had teachers say we are the professionals..sigh..and another district learning support principal say we dont need reports to know what your child needs..had psychologists come to school to vocalize need..no go on supports..went online..but if we wanted to fight. Yes. Diagnosis would help. Thanks for your efforts..i feel our situation was uniquely bizarre..but sought to leave ir rather than put our girl as psychologist recommended.take her off the battleground..

-Anonymous

The arguing over why certain things were happening and why our child’s behaviour was being blamed on a personality flaw at school was putting our marriage under incredible strain. It was eating away at our son’s self esteem and identity. Once we got a diagnosis everything changed. Not only was he diagnosed but it led to my husband being diagnosed. We all understood and could learn and advocate. The blame and guilt game ended. Proper diagnosis is so essential for life.

  • Anonymous

long story short having documentation changes much of nothing when it comes to public school system. At the end of report from psychologist was around 10 recommendations, a big one was my kid needing 1:1 ea, bell to bell, never happened. Another was he should attend full days of K, never happened. That during school work he should have someone to scribe and or read for him, that happened when convenient for staff. Basically none of the recommendations were used. I had a OT spend an entire day at school, he had lots of good ideas and he too had recommendations, school didn’t follow any of them. His IEP, really was a piece of paper that brought in funding to the district. When my kid was in gr 5 he was at a gr 2 level academically, they tried telling me he was grade level. They say what you want to hear, when your gone, well sadly kids are not treated very well.

They destroyed his self esteem. Two mths in gr 5 I pulled him out of public school, he is about to graduate in a couple weeks and with his Dogwood diploma and he is a A/B student. All of his success no thanks to public school.

Anonymous

Case Decisions and Reports Connected to Education

NEW PAGE ADDED

I have added a new page under Education Advocacy and this it it!

These are some of the cases and reports that have crossed my path. This is not a list of the ONLY cases. To search for cases go to CANLII

For step by step instructions on HOW to search click HERE and scroll to the lower part of the page.

REPORTS

Advocacy Fatigue: Self-care, Protest, and Education Equity 2015 CanLIIDocs 212

Canadian Human Rights Commission, Left Out: Challenges faced by persons with disabilities in Canada’s schools, Canadian Human Rights Commission, 2017 CanLIIDocs 3489

CASES – In BC and across Canada

Moore v. British Columbia (Education), 2012 SCC 61 (CanLII), [2012] 3 SCR 360

Hewko v. B.C., 2006 BCSC 1638 (CanLII)

School District No. 44 (North Vancouver) v. Jubran, 2005 BCCA 201 (CanLII)

Independent School Authority v Parent, 2022 BCSC 570 (CanLII)

Board of Education of School District No 43 (Re), 2013 BCIPC 20 (CanLII)

British Columbia (Education) (Re), 2018 BCIPC 2 (CanLII)

Sollitt v. Trillium Lakelands District School Board, 2013 HRTO 1128 (CanLII)

The Student v. The School District and others, 2019 BCHRT 217 (CanLII)

Steele v. School District No. 36, 2014 BCHRT 276 (CanLII)

Aslin v Edmonton Catholic Schools, 2021 AHRC 186 (CanLII),

https://montrealgazette.com/news/local-news/emsb-discriminated-against-child-with-learning-disability-rights-commission

MacKenzie v. Howe Sound School Dist. No. 48 (No. 2), 1997 CanLII 24743 (BC SC)

SJ v Parkland School Division No 70, 2019 ABQB 470 (CanLII)

Gould v. Regina (East) School Division No. 77, 1996 CanLII 6807 (SK QB)

Tsai and Tsai v. B.C. (Ministry of Education) and another, 2004 BCHRT 386 (CanLII)

Kelly v. UBC (No. 3), 2012 BCHRT 32 (CanLII)

L.B. v Toronto District School Board et al., 2017 ONSC 2301 (CanLII

HB v. Halton District School Board, 2018 HRTO 1729 (CanLII)

Rezaei v. University of Northern British Columbia and another (No. 2), 2011 BCHRT 118 (CanLII)Edit”Case Decisions and Reports Connected to Education”

Ableism Policy? Why should we care?

**UPDATEIT PASSED unanimously by all trustees. (Board meeting April 12th, 2022)

The North Vancouver School District has put a new notice of motion for an anti-ableism policy.

This is the type of willingness to discuss the uncomfortable topics that we need in our school trustees and I applaud them for providing their community the opportunity to write in or in-person to share their thoughts on this topic.

See Agenda

See Board Package

Below is my written submission and I already received appreciative emails from the Chair of the Board and Co-chair of DPAC.

The meeting is tonight! I highly encourage people to email the trustees, even if it’s just a brief message of support.

To get their contact information click HERE

I hope this motion passes!!

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Our society holds very outdated views of what disability means and looks like. One may think the ridiculous outlandish discrimination is a thing of the past, and that we have evolved into a new way of living that includes inclusion and equality. Why do we need a policy on ableism?

Let me assure you, as a disabled person and an active member of the disability community, I am here tonight to tell you. We have a very long way to go. People’s attitudes towards disability is one of charity, pity, and annoyance. I am either God’s mistake, or part of God’s plan and my purpose in life is to teach all of you a lesson about patience for your own personal growth and self-actualization.

I am not the sum of everyone’s limiting beliefs, attitudes and biases.

I am a person, just like any of you.

I am a wife of 20 years, a mother of two teenage children, a friend to many, and I am just a part of the spectrum of human variation to myself. My husband is also disabled, and so are my two children. Everyone in my immediate family has invisible disabilities, and if you looked at our family picture you would have no idea. We all have a mix of either stuttering, ADHD, anxiety or learning disabilities. My husband has a very well-paying job in a senior engineer role at a videogame company, and I am currently working on my second degree at SFU, this time in criminology.  I am not listing all of our accomplishments in life, because frankly we have done a lot.  And yet…everyone in my family has had to endure ableism. For my husband and I, it had a huge impact on our childhood growing up and what we believed about ourselves and what was possible in life for us.

At a disability workshop for adults, the presenter asked if anyone has seriously considered killing themselves and got as far as an actual plan. Every single disabled adult raised their hand.  

Being disabled isn’t the hard part in life. It’s dealing with the ableism.

When I was completing my first degree in human relations, I was in a psychology class on child development. When a 4-year-old girl is told by an adult, I think your dress is pretty. Her brain development does not allow her to understand that the adult can think she looks ugly and her stress is still pretty. Her brain tells her, she is pretty too. Children who are disabled get told through intentional or unintentional messages that they have an ugly dress, hundreds of times a day. They learn, that they are ugly too.

All of these attitudes and beliefs about disabled people are based on myths, misunderstanding, and false information. We are not talking about the laws of gravity here. Ableism can change. It’s preventable. Establishing anti-ableism policy communicates expectations, standards and accountability that vulnerable children need to have for their human rights and quality of life. You have an opportunity to be leaders in your community, and leave a powerful intention for inclusion that will be a legacy for this district and any future Trustees who follow.  This policy is not going to cost you anything, and it will raise awareness about ableism that needs to occur first, before we can even begin to change our own belief systems. The children in your school district NEED this policy.

With the start of this policy, you are turning the wheels of that change. We need to all work together so that every child is told that they have a pretty dress, and they feel in their heart, that they are pretty too.