There are also layers under the umbrella of the duty to accommodate. There is a process that must be completed in order to obtain those accommodations. Since, this site is focused on disability rights and education focused, for this page I will be using disability as the example. First, the service provider must have proof that someone is disabled.
“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.”
If anyone knows of any more “Duty to…..” established in human rights case law, please let me know. I am happy to add to the list of links and information so we parents, can learn about our children’s rights and the process.
Acronyms are often used in social media posts, emails and chatter amongst parents/guardians and school district professionals. I personally feel there are so many of them and they are constantly changing. Sometimes it’s just hard to keep up! Districts also don’t always use the same language for their education roles. More confusion.
Here is a list compiled by over 30 parents from different districts across British Columbia, to help new parents who are entering the world of education advocacy. Or, even if you aren’t new, here is a list, because who can always keep track of these things??
If you want to add any, please email me.
These acronyms have not made it on the list because I have critiqued or placed judgement on these terms, they are simply acronyms you might come across.
If you are a parent/guardian attending meetings or are receiving communication and people are tossing around acronyms/terms/language you don’t understand, you have every right to stop them and ask them to explain. Jargon can create barriers in communication. We all have the right to understand what people are talking about when it concerns us and our children.
In addition to the acronym list below, here is also a Glossary of Terms from the BC Government for K-12 Education.
(Updated September 14th, 2022. Now over 40 parents contributed. 🙂 )
CB IEP – Competency Based Individual Education Plan IEP – Individualized Education Plan SLP – Student Learning Plan SD – School District
ID – Image Description TW – Trigger Warning
Specialized Professionals
AAC SLP – Alternative Augmentative Communication Speech Language Pathologist BC – Behavioural Consultant BCBA-Board Certified Behaviour Consultant BI – Behavioural Interventionist OT– Occupational Therapist PT– Physiotherapist SLP – Speech-Language Pathologist (SLP can also be Student Learning Plan) SW – Social Worker
Support Roles/Teams/Job Titles in Education
ASW – Autism Support Worker BSW – Behavioural Assistance Worker CM – Case Manager CRT—Classroom Teacher DIMT – District Inclusion Mentor Teacher DLT – District Leadership Team EA – Education Assistant IST– Integration Support Teacher AND/ Inclusion Support Teacher ITT– Inclusive Team Teacher LAW – Learning Assistance Worker LRT – Learning Resource Teacher LST – Learning Services Teacher AND/ Learning Support Teacher RT – Resource Teacher SBT – School-Based Team SEA – Special Education Assistant SERT – Special Education Resource Teacher TTOC – Teaching Teacher On Call YCW – Youth Care Worker
Organizations
AFU – Autism Funding Unit ASNBC – Autism Support Network BC BCCDC – BC Centre for Disease Control BCCH – BC (British Columbia) Children’s Hospital BCTF – BC Teacher’s Federation CADDRA – Canadian ADHD Resource Alliance CAN – Canucks Autism Network CLBC – Community Living BC CYMH – Child & Youth Mental Health, Government of BC CUPE – Canadian Union of Public Employees DPAC – District Parent Advisory Council FSI – Family Support Institute KMH / KMHRC / Kelty – Kelty Mental Health Resource Centre MCFD – Ministry of Child and Family Development MOECC – Ministry of Education and Child Care MOH – Ministry of Health P1/P2 – BCCH Child Psychiatry Inpatient/Outpatient Units PAC – Parent Advisory Council PAFN – Pacific Autism Family Network POPARD – Provincial Outreach for Autism and Related Disorder SET BC – Special Education Technology British Columbia
Administrative Processes
FOI – Freedom of Information Request HR – Human Resources HRT – Human Rights Tribunal OIPC – Office of Information Privacy Commissioner TRB – Teacher’s Regulation Branch
Loosely Grouped
DX – Diagnosis IFL-identify first language PFL-person first language ND – Neurodivergent / Neurodiversity NT – Neurotypical PWD – Person With a Disability
ABA – Applied Behavioural Analysis ACC – Augmentative Assistant Communication AT– Assistive Technology B&M – Brick and Mortar School (A physical building where students attend) CBT – Cognitive Behavioural Therapy CPI – Crisis Prevention Intervention DL – Distance Learning DSM-5 – Diagnostic and Statistical Manual of Mental Health Disorders (5th Ed.) FI – French Immersion FSA – Foundation Skills Assessment HS – Home Schooling IQ – Intelligence Quotient ISP – Inclusion Support Program LS – Life Skills LSS – Learning Support Services NSS-Nursing Support Services OL – Online Learning Psych Ed – Psycho-Educational Assessment SE – Supportive Education SEL – Social Emotional Learning SPED – Special Education TIP – Trauma-Informed Practice UDL – Universal Design for Learning
EAL – English as Another Language ELL – English Language Learner ELL – English Language Workers ESL – English as a Second Language
2E – Twice Exceptional AS – Autism Spectrum ADHD – Attention Deficit Hyperactivity Disorder CAPD – Central Auditory Processing Disorder CNP – Complex Neuropsychiatric Profile CP – Cerebral Palsy DCD – Developmental Coordination Disorder DD– Developmental Disability DS – Down Syndrome GAD – Generalized Anxiety Disorder FASD – Fetal alcohol spectrum disorder HH – Hard of Hearing ID – Intellectual Disability LD – Learning Disability OCD – Obsessive Compulsive Disorder ODD – Oppositional Defiance Disorder PD– Physical Disability PDA – Pervasive Drive for Autonomy (Pervasive Demand Avoidance) SCD – Social Communication Disorder SPD – Sensory Processing Disorder VI – Visually Impaired
Designation Categories
A – Physically Dependent B – DeafBlind C – Students with Moderate to Profound Intellectual Disabilities D – Physical Disabilities or Chronic Health Impairments E – Visual Impairments F – Deaf or Hard of Hearing G – Autism Spectrum Disorder H – Students Requiring Intensive Behaviour Intervention or Students with Serious Mental Illness K – Students with Mild Intellectual Disabilities P – Gifted Q – Learning Disabilities R – Students Requiring Moderate Behaviour Support or Students with Mental Illness
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
What are their policies from the Board of Education?
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.
What are their documents aroundconflict resolution path?
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.
What is the appeals process?
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.
What is your districts code of conduct?
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.
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
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.
When going to the media, be careful of defamation.
Most school districts have a retainer with Harris & Co . Be aware that their lawyers may be reviewing your emails way earlier than you think.
**** 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.
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)
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.
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.
*****************
References
Verdon-Jones, Simon N. (2020). Criminal law in Canada: Cases, questions, and the code. (7th edition). Top Hat.
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.
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?
The Ministry of Education doesn’t track how much money districts are spending of tax payers’ money on lawyers’ fees to fight disabled children in human rights complaints. They don’t know how many human rights complaints are being processed by each district, how much settlements are…nothing. Not even on their radar. Click HERE .
Ombudsperson doesn’t look at the decisions school districts make; they just look at the process. If decisions are made as a group, they are not accountable for the actual decision. SO, if they plan to rob the bank together, they are good to go.
Ministries cannot testify against another government ministry in a human rights complaint. So, if your child was receiving counselling from the MFCD, they cannot testify that the damage was caused by the education system. If you could afford a paid counsellor at $120 per hour, they are allowed to testify.
When you are missing documents from a Freedom of Information request, and the Office of Information and Privacy investigates, you need evidence that the document you are seeking exists. Witnessing someone write notes, isn’t enough. So, you need the documents to prove that you are missing the documents. Catch-22, that they fully acknowledge and are aware of.
When filing a complaint with the Professional Conduct Unit, the certificate holder has the last word. You will never know what statements they make, even with an FOI request they will block you and site Section 22. When the OIPC investigate, the ministry will refuse again, and then your only option is to make a request to a judicator. The wait is 2 years, yet you have 60 days to file with the BC Supreme Court to contest it. The certificate holder can say anything they want and you will never get an opportunity to provide more evidence after their incorrect statements. If you experience retaliation, your only course of action is to file a complaint again, and go through the whole thing all over again.
If you file with the Professional Conduct Unit against a certificate for lying/misleading the commissioner, the Ministry of Education will say it will be processed and the commissioner will say it’s not in their jurisdiction.
The Ministry of Finance will block all Freedom of Information requests related to information connected to your child and the risk and litigation department.
Even with case law from the Supreme Court of BC that requires legislative change, school boards and the Ministry of Education requires Ombudsperson complaints just to force communication regarding such legislation and policy.
Our court system will most likely throw out any lawsuit against a school, as the court system doesn’t want to open the flood gates of parents suing. They know the system won’t be able to process and take on the number of cases. So, not only are you guaranteed to have your case tossed, but the district can then ask the courts to make you pay their legal fees.
Teachers, support staff and parents are all reporting that the education system is at it’s worse than it has ever been compared with 10, 15 years ago. Resources are stretched so thinly. EA’s now have way too many students at one time. The finance department in the Ministry of Education says that schools have never been this healthy… AND they believe it.
To get us into the spooky spirit this week I present…
A true scary school tale in advocacy called The Scary Parent.
(I highly recommend you read this blog in the dark with a flashlight…or better yet, sneak into your kids fort and read it in there.)
I love spy movies.
Information is so valuable. People risk their lives for it. The power people have because of information cannot be underestimated. Information is knowledge and knowledge is POWER.
So, parents…what’s our power?
We know A LOT of information. (Insert evil laugh track)
We know A LOT.
There are Facebook groups out there where parents share stories, tips, resources and yes…education advocacy information.
This is terrifying news to school districts.
In these Facebook groups, policies are shared, laws and cases get posted, advocacy tips are offered and email examples are suggested. It’s pure group synergy.
There is only one rule about the Facebook group.
We don’t talk about the Facebook group.
Kidding…WE TALK ABOUT IT A LOT. (Rewind evil laugh track and press play again)
Now, here is the scary part. Not for the parents….the districts. We are invisible. They will never know if the parent walking into their office is a secret member, or not. If they have access to over 4,000 passionate parents. We travel incognito. We are right in front of their eyes, and they don’t…even…know…it! (Feel free to make scary faces right now using your flashlight to heighten the scary blog affect.)
Here is the best part…
We are growing. Oh no!!! They say!
The scariest parent to the district, is an educated one. I am talking about being educated in how to navigate THE SYSTEM.
THE SYSTEM is a beast. It only responds to policy, law and complaints filed with external organizations.
So, parents….
Go ahead.
Be that scary motherfucker you always wanted to be. Make THAT Facebook post. You go ahead and you fill out that intake form like nobodies’ business.
We have another school year upon us and everyone’s anxiety around a new school are compounded this year, for so many reasons. More so, for parents of disabled children.
Advocacy for the new year is already in full swing, and who are we kidding, advocacy for this year -started last year!
When things feel out of control, it is important to remember that we do have a foundation of some education law to stand on. We can push.
First, we have The UNESCO Salamanca Statement
“In June 1994 representatives of 92 governments and 25 international organisations formed the World Conference on Special Needs Education, held in Salamanca, Spain. They agreed a dynamic new Statement on the education of all disabled children, which called for inclusion to be the norm. In addition, the Conference adopted a new Framework for Action, the guiding principle of which is that ordinary schools should accommodate all children, regardless of their physical, intellectual, social, emotional, linguistic or other conditions. All educational policies, says the Framework, should stipulate that disabled children attend the neighbourhood school ‘that would be attended if the child did not have a disability.”
Now that we have established that exclusion is actually illegal, and all of our children are legally allowed to attend their local school, let’s move onto Loco Parentis.
Second, we have Loco Parentis.
What does Loco Parentis mean?
It means that LEGALLY teachers are expected to behave like a “careful parent”.
“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. This concept allows the teacher some of the privileges of a parent but also brings with it added responsibilities for the protection of pupils. Thus, a teacher could be liable for injury or damages to a pupil if the teacher’s conduct falls below the standard of care deemed to be necessary under the given circumstances. In some instances, the duty of care owed by the teacher may exceed that of the parent if special knowledge makes the teacher aware of dangers that the parent might not appreciate.” – https://www.teachers.ab.ca/News%20Room/Publications/Substitute%20Teachers/Pages/Chapter%204.aspx
The courts continuously have tossed lawsuits against school districts who do not want the system to be flooded by parents’ ability to sue schools, especially around education malpractice. https://core.ac.uk/download/pdf/56369776.pdf
Is the common law of Loco Parentis our way in???
I have such a respect for teachers. They are not given all of the education that is required of them to fulfill the expectations demanded by society, and then they are working in a failing system on stage in front of an audience. Does anyone else want to sign up for this? No thank you!
I have many friends who are teachers and EA’s. I was an EA! Working in education is not easy. However, I would like to add that there is a HUGE sliding scale of ability, skill and knowledge amongst education staff. There are the most AMAZING teachers out there and then there are some people who just shock me.
Some people don’t even know the harm they create. Some of it is systemic and functioning in an ablest society. The education system is very sick. It operates from a place of scarcity, defense and secrecy.
Every time school districts get away with harming children, and it usually takes a team, intentional or not, it reinforces that they are untouchable.
So, how can we use common law “Loco Parentis” to aid in our advocacy?
It’s sad to say, but it may take a lawsuit around this topic to get everyone’s attention. If anyone is interested in this path there are pro bono lawyers out there you may want to consider.
When communicating with school districts, it’s all about getting their attention with legal language.
For example: “Your suggestion would exclude my child from school and they would not be able to access their education.” – human rights complaint
“How does the harm my child has experienced because of my child’s team fall under the supreme court decision around loco parentis?”
When you start quoting policy and law, things tend to take a quick turn. Your school district will have a tab on their main website with all of the policies and bylaws, sometimes under the Board section. The school boards are responsible for student achievement and MONITORING student achievement. Always be aware that each school district has a process to appeal decisions to the school board.
For those who are sad at the realization that advocating for your child sometimes require that you become a self taught lawyer, I offer you this….
I encourage you to look through my education advocacy pages and I have added a new Education Law page. Work in progress! If any parent reading this would like to send me more education law info or links, I will be happy to add.
The scariest situation for a school district, is a parent who knows their rights. Every time you advocate for your own child, you open the door for someone else. We are not alone.
