Annual Report Season

Hello All,

Below are links to a collection of annual reports for the following organizations. I find the data fascinating and a window into what they are willing to share with us. These are all current annual reports for their 2021-2022 periods.

Here are the list of links,

Human Rights Tribunal – 35 pages
BC Office of Human Rights Commissioner -43 pages
Community Legal Assistance Society – 26 pages
Ombudsperson – 92 pages
Office of Information and Privacy Commissioner – 36 pages
Ministry of Education and Childcare – 22 pages
Inclusion BC – 27 pages
Family Support Institute -24 pages
Ministry of Family and Child Development – 19 pages
Representative of Children and Youth – 132 pages
Teacher’s Regulation Branch – 27 pages

The one I am STILL waiting for is the Teacher Regulation Branch annual report…. I’ll add it when it comes out.

I encourage you all to take an internet deep dive and find organizations or ministries that interest you and read their annual reports.

What kind of annual reports are you interested in reading about?

Happy discovering!!

Why is Documentation so Important?

Because you need to take your allegations out of the realm of conjecture. Here is a case example below from the BC Human Rights Tribunal.

N obo S v. T and a School District, 2006 BCHRT 546 (CanLII)

[55] In this case, N states that she is a single parent and has several serious medical conditions, and that, because of this, she has been unfairly treated by the respondents. As examples of the unfair treatment, she states that the respondents have failed to return phone calls, delayed letters, failed to provide information in a timely manner, and did not properly investigate her concerns relating to her son. However, she does not include details of any statements or actions on the part of the respondents which would support such a conclusion. She states only that she “believes” that such a connection exists: that she “believes” that the respondents think they can make her go away by exhausting her; that she “believes” that if she had a partner, her child would have equal treatment; and that she “believes” that she would be treated with more respect if she were married, healthy and had financial resources. In other words, nothing in the complaint takes the allegations out of the realm of conjecture, as the facts alleged in the complaint do not support a nexus between N’s marital status and disability and her alleged unfair treatment by the respondents.

[56] As a result of the above, I dismiss N’s complaint pursuant to s. 27(1)(b) of the Code.

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Allegations are what you are claiming to be true. Until they are proven in a hearing and a decision is complete by a tribunal member, until then, they are nothing more than allegations. Be careful about defamation on social media.

So, parents/guardians and loved ones of disabled children in the education system, what does this mean?

It means we need to be documenting EVERYTHING.

Keeping ALL emails, even the good ones.

Logging calls and dates, with who and what was discussed.

Follow up by email on phone calls to outline what was discussed and action steps agreed upon.

Keeping a timeline of events

Taking photos (if your child has been injured)

When you child tells you what happened at school, take your own notes and write it down. Email your notes to someone you trust to log the date, time and details.

Email other parents and ask them what they know, and make sure they respond in the email and not the phone. The Human Rights Tribunal can take years. People’s memories will change over time, so it’s really important to get the documented information at that time.

If necessary for your own mental health, taking yourself and your child for counselling, (Remember from the blog 10 Most shocking Education Advocacy Discoveries #3) If the counsellor is connected to the government services, they wont be able to testify at a hearing. You need an outside counsellor.)

An added suggestion by Dyslexia BC @DyslexiaBC on Facebook is to bring someone with you to all of your IEP meetings. (That person can take notes, and also be a witness.)

You need to be thinking about collecting evidence. Things that can be used as evidence in a hearing are documents, emails, doctors letters, counselling letters, counselling invoices, videos, photos, media posts, expert evidence, other parents witness statements/emails, voice recordings from meetings, anything that is relevant. Connected. Here is what the Human Rights Tribunal determines to be evidence.

In the same thread of thought, be careful what you offer up in your emails and conversations to the school district. They are also collecting evidence on you.

I will leave you with this case example below.

A and B obo Infant A v. School District C (No. 5), 2018 BCHRT 25 (CanLII)

A. The Mother

[40] Overall, I have found the Mother to be sincere in her testimony. She cares about her Child and became emotional when describing his feelings. However, I do not find her evidence reliable. I find her testimony not to be in “harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions”. The weight, and thus reliability, of the Mother’s evidence was affected by the fact that her testimony was almost entirely based on hearsay and double hearsay. The Mother was not a witness to most of the interactions she described.

[41] The Tribunal may admit any evidence that it considers necessary and appropriate, whether or not the evidence is admissible in a court of law: Code, s. 27.2. Silver Campsites Ltd. v. James, 2013 BCCA 292 at para. 39. I considered the Mother’s hearsay testimony to be necessary and appropriate because it directly addressed the critical issues in the complaint and there were no other witnesses available to present it. The Father and Child did not testify on these issues. I assessed the Mother’s hearsay evidence on a point-by-point basis, with the objective of ensuring that I could make necessary findings of fact based on reliable evidence: Radek v. Henderson Development (Canada) and Securiguard Services (No. 3), 2005 BCHRT 302 [Radek]. I have considered the following in determining the weight to give to hearsay evidence:

I have considered in each instance the reliability of the evidence, the necessity for its introduction as hearsay rather than first-hand evidence, the probative value of the evidence, and whether the other parties would be unfairly prejudiced or otherwise disadvantaged through my reliance on it. (para. 54)

[42] I have assigned relatively little weight to the Mother’s evidence where it conflicted with the first-hand accounts given by the School Counsellor, Principal, Vice Principal, and Teachers H, M, and G. I have found the Mother’s hearsay evidence considerably less reliable than the direct evidence of reliable witnesses, where there is a conflict.

[43] The Mother acknowledged that she was probably not present for most of the incidents at school that involved her Child. At times, she had a hard time recalling events. For example, the Mother’s testimony on the psychoeducational assessment of her son was wrong by one year. She acknowledged that she was “out a year”. The Mother testified that there is no reason to dispute the emails that were authored by her at the time. The Mother testified “that is what I wrote at that time”.

[44] During cross-examination, the Mother responded to several questions regarding her testimony about her Child’s version of events by saying that she did not know or was not there. She acknowledged that most of her knowledge of the incidents came through her Child. I find that her son was more likely than not motivated to minimize his involvement in some incidents when reporting them to his Parents, so as to avoid discipline. For example, the Mother described disciplining the Child in relation to an incident where he swore at the Principal. She described their punishment as “Draconian”. (In retrospect, the Mother regretted using that word in her letter). As another example, regarding the November 2016 Incident, the Child only reported to his Parents that he grabbed another student by the collar, whereas I find, as a fact, that the Child choked a student, pushed him over a railing, and spat in his face.

[45] The Mother’s credibility was also impacted by her acrimonious relationship with most of the Respondent witnesses. I have considered her contemporaneous correspondence in assessing credibility because it speaks to hear capacity to perceive, recollect, and communicate facts objectively. Together with her husband, the Mother repeatedly sent letters and other communications attacking the character of most of the Respondent witnesses. For example, the Parents wrote letters about the Superintendent to the federal government, provincial government, board of education, RCMP, politicians and others. When confronted with this correspondence, the Mother minimized the tenor of her communications and its effect on the Respondent witnesses. The Mother maintained that she and her husband treated staff respectfully.

[46] The Mother also provided inconsistent testimony. For example, the Mother testified that she did not accuse Teacher G of racism. When confronted during cross-examination, the Mother acknowledged accusing Teacher G of favouring one child over the other, and the other child not necessarily being black. The Mother ultimately acknowledged accusing Teacher G of racism. She explained finding it “very frustrating” when Teacher G prejudged her son and did not follow guidelines.

Understanding the Duty to Accommodate

In the Human Rights Code section (8), there is the Duty to Accommodate.

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.

From the Human Rights Clinic Blog, Stress, Anxiety and the Duty to Accommodate, they explain…

“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.”

Here is Ms. Matheson’s case.

Which now leads us to the Duty to Inquire

Duty to Inquire

Here is link to more information and the above picture.

Duty to Consult

A great case that outlines the duties to consult by schools is the Hewko v. B.C., 2006 BCSC 1638 (CanLII)

There are many great details in this case, here are a couple that speak to me regarding the duty to consult.

AND also

Duty to Co-operate

Here is the link for the source below

Am I missing any??

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.

Commonly Used Acronyms in Supportive Education

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

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

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.
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.
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.
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

The School Act
The Teacher’s Act
FIPPA (Freedom of Information and Privacy Protection Act
The Erase Website
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
Diversity in BC Schools Policy
The Multiculturalism Act
The Human Rights Code
DPAC Parents manuals on advocacy and policy
1. There are LOTS of information and manuals on this site.
The complete list by the Ministry of Education, including homeschooling and online learning

Legal Cases in Education

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

What are my External Organization options?

Professional Conduct Unit / Teacher’s Regulation Branch
1. Here is my tip sheet on how to file a complaint
Ombudsperson
1. Here is my info sheet on more details
2. Fair Schools Report
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.
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?

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

What about the Process of Advocacy?

How to deal with silence
Advocacy tips
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.

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)

Deliberate Ignorance of Case Law Regarding Counselling Notes

I emailed the Ministry of Education and their Legislation department on October 27^th, 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 7^th, 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 26^th, 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.

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.”

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:

Legal human rights processes
Application for disability tax benefits (if applicable)
Navigating the health system for proper medical care
Advocacy in the education system for proper accommodations
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.
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”

Top 10 Shocking Education Advocacy Discoveries

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.