Getting ready for IEP Season – Legally

Here is a list of relevant human rights decisions that can assist you in your advocacy at IEP time.

Among decisions from hearings are decisions not to dismiss complaints and have them proceed, which are also relevant. It shows what will be considered a human rights complaint and gives you an idea of what your advocacy options are.

Self-Advocacy

A topic that often comes up in IEP meetings is self-advocacy. What does the Human Rights case law say about advocacy for kids with a disability?

Student (by Parent) v. School District, 2023 BCHRT 237

[90]           Generally, it is the obligation of the person seeking accommodation to bring forward the relevant facts: Central Okanagan School District No. 23 v. Renaud, 1992 CanLII 81 (SCC), [1992] 2 SCR 970. This can be challenging for children, and especially challenging for children with invisible disabilities. I agree with the Parent that children who require accommodation in their school are in a different situation than adults seeking accommodation. Though they have a role to play in the process, that role will be age and ability-specific, and the burden cannot be on a child to identify and bring forward the facts necessary for their accommodation.

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  • Age specific
  • Ability specific
  • Burden is not on the child to identify and bring forward the necessary facts for their accommodation

Self-advocacy is an important skill for children to develop, but we need to be realistic about the environment they are in. I give you this blog: Self-Advocacy and Victim Blaming in Education

Denied an EA?

The Student (by the parent) v. The School District, 2025 BCHRT 17

[1] In April 2022, the Parent made a complaint against the School District on the Student’s behalf. The complaint alleges that the School District discriminated against the Student regarding its services based on the Student’s mental disability. Specifically, the complaint alleges that the School District failed to accommodate the Student by not providing him with an Education Assistant in one of his classes.

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  • We know from this that if you feel your child is not being properly accommodated for their disability-related needs by not having access to an Education Assistant, it may be possible that your human rights complaint will be accepted by the tribunal.
  • You can use this case in your advocacy
  • The school district would have to be able to justify its decision not to provide your child access to an EA and that they were still reasonably accommodating your child. Documenting your child struggling and not equitably accessing their education is key. Provide this evidence to the district with this case.

Professional Recommendations

[66] The Child alleges that the School Board lost or did not read many of the reports that were provided to them, and that as a result, the recommendations contained in those reports were not incorporated into their IEPs. Therefore, they say, the Child’s disabilities were not properly accommodated. The Child says that had the IEPs been developed in line with the medical and psychoeducational recommendations contained in the reports provided to the School Board, their Parents would not have had to intervene with private support services in order to keep the Child at grade level. They say that because the recommendations in the reports were not incorporated into the Child’s IEPs, the Parents were required to provide the Child with tutoring, vision therapy, and auditory therapy, along with other interventions.

[68] The School Board admits that certain of the recommendations contained in the psychoeducational assessment and other medical reports were not included in the Child’s IEPs. However, the School Board says that the IEPs developed for the Child “are consistent with the recognized supports for students with a learning disability like dyslexia within British Columbia.” They say that many of the recommendations from the psychoeducational assessment report in particular were specific to programs available in Colorado, not in BC. They say the IEPs that have been developed for the Child were consistent with the Child’s Ministry of Education designation and “the information regarding [the Child’s] learning needs”, including the provision of a learner support teacher as well as modifications implemented by the classroom teacher. They note that the Child’s progress reports indicate that they have progressed “well” and “overall at grade level”.

[72] While the School Board took steps through the IEPs to accommodate the Child, based on the materials before me, I am not persuaded that they are reasonably certain to prove they took all reasonable and practical steps to remove the disability-related barriers faced by the Child. This allegation will proceed.

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  • The school is taking a risk of you filing a human rights complaint and having it accepted if they do not consider the professional recommendations that you are providing them.

Not Following the IEP

[70] …..The Ministry says IEPs do have a legal effect and function, as there is a valid legislative and policy framework that provides both authority and guidance for IEPs.

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To read about the legal effect and function of an IEP please read this blog, IEP – They aren’t just words on a Page

Meaningful Inquiry

The all-important duty to consult is very applicable to IEP meetings.

Read about the Duty to Consult, which is protected by the Human Rights case law. You are protected and backed up by multiple forms of written authority.

They Must Not Give Up

X by Y v. Board of Education of School District No. Z, 2024 BCHRT 72

[120] Ultimately, on a balance of probabilities, I am satisfied that the District discharged its duty to accommodate X in his grade 2 year by reviewing the Diagnosis Report, developing an IEP, making various support people and strategies available that were incorporated into the classroom and outside, reviewing progress and changes, and adapting its approach in response……

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  • By developing an IEP, reviewing progress and adapting their approach, they can justify reasonable accommodations.
  • So you can ask them to give you examples of this being done.
  • Blog on this case.

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