Top 10 Shocking Education Advocacy Discoveries

  1. 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 .
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. The Ministry of Finance will block all Freedom of Information requests related to information connected to your child and the risk and litigation department.
  8. 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.
  9. 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.
  10.  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.

Human Rights – Lunch and Learn

I have just attended a free workshop hosted by the Human Rights Clinic. It was wonderful!!! I highly recommend people sign up. Below are my notes that I took during the workshop. I hope people find it helpful.

https://bchrc.net/

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It is our responsibility to prove discrimination at a hearing. The HRT does not investigate.

Decisions are final and binding but not enforceable. We can take the decision to the BC Supreme Court to enforce it.

Discrimination is negatitve treatment or impact that’s connected to a person’s protected characteristic.

Eg. Stereotyping, unfair assumptions, bullying and harassment, singling out, profiling, exclusion, disadvantage

Discrimination can be

  • Overt or subtle, intentional or unintentional (Code S.2), concerned with impact, concerned with equity and fairness) rather than sameness
  • Not all different treatment = discrimination
  • Sometimes treating people the same = discrimination

You don’t need to prove they intended to discriminate

** Treating people, the same can result in discrimination

(Put up the equality picture of people standing on boxes)

Section 3 lists the purpose of the Human Rights Code

2/3 of complaints are related to employment

The focus of the workshop is on employment

HRT protects us from retaliation for making a human rights complaint.

Discrimination can happen outside of employment hours. As long as it is connected to the workplace. For example, drinks at a bar with co-workers after hours, or a weekend conference.

Employer must resolve all discrimination complaints. They must respond with action all claims of discrimination. They are liable for the discrimination.

Individuals can also be held accountable. High degree of personal responsibility. Eg. Sexual harassment.

Complainant must prove they have the characteristic

Need only to be A FACTOR in the negative treatment

Need not be the only or most important factor. Must be connected.

Most are undefined in the Code. Must be interpreted in line with the purpose of the Code.

The complainant goes first.

They have to prove

  1. They have a protected characteristic
  2. They have experienced some kind of negative impact in a protected area
  3. There needs to be a connection between the characteristic and negative treatment of impact

Respondents Case

They need to prove:

  1. Treatment was justified
  2. There is a reasonable explanation
  3. Bona fide occupational requirement
  4. Cannot be accommodated without undue hardship

Facts will be enough to file a complaint, do not guarantee the claim would be successful

A respondent may have a non-discriminatory explanation for their conduct (meaning there ‘s no connection between their conduct and a protected characteristic)

Or they may have a justified reason for their conduct

Evidence and Proof

Standard of proof = balance of probabilities. Prove it’s more likely than not. It’s not proof “beyond a reasonable doubt”

Must look at circumstantial evidence

The facts support a reasonable inference

You can win even without a smoking gun

Circumstances that may justify drawing an inference of discrimination – timing of events, statistics, experience of others

Must convince the Tribunal that the inference of discrimination is more than likely than the respondent’s explanation

The complainant has the burden to prove their case

Even if you don’t have documents or witnesses, you can still win. It’s harder, but they can still be successful. They will assess the credibility of the witnesses. Who they believe. What is the most likely version of events.  It can be difficult, but very much possible.

Physical Disability – perceived of permanence or persistence, be involuntary, affects a person’s abilities

Mental Disability – involuntary, permanence or persistence, mental illness, learning disability, addictions, affect a person’s abilities

Many people are unrepresented without lawyers

Adverse Effects Discrimination (not direct) but the impact

In the context where everyone is being treated the same – If your policy, rule, standard, requirement or practice creates a negative impact on a person due to their disability you must be prepared to justify that policy, rule, standard, requirement, or practice as bona fide and reasonable.

Duty to Accommodate

Employer must show that it could not have done anything else reasonable or practical to avoid the negative impact on the individual

Employer must take all reasonable steps to accommodate

Goal is to ensure that an employee who is able to work can do so

Employer must give a serious consideration to how employee can be accommodated

Requires an individualized case-by-case approach

Must be approached with common sense and an open mind

Flexibility is key

Accommodations are as individual as the people seeking them. Context is important.

Examples of accommodations: Different or lighter duties, toleration of absences, adjustment of schedule, change in environment, staff transfers, unpaid leave, time off to attend treatment or counselling.

Reasonable accommodation doesn’t mean perfect accommodation

Accommodation related to NEEDS and not WANTS

A shared obligation – employee must be involved

Employee must provide necessary information, participate in meetings and discussion, cooperate and facilitate the accommodation process

If a complainant has rejected a reasonable proposal, the respondent has met its duty to accommodate and the complaint will be dismissed.

Undue Hardship

Might involve expense, inconvenient, and or disruption as long as it does not unduly interfere with its business.

The burden is on the employer to show that it has offered a reasonable accommodation, and any further accommodation would be an undue hardship.

Factors: cost, economic conditions, size of employer’s operation, interference with rights of other workers, safety/risk

(Crismer, SCC 199) – Undue hardship

Duty to Inquire

Employer may have a duty to inquire as to the existence of a disability, if the are aware of ought to be aware must inquire before making an adverse decision based on performance.

HRC has webinars posted on their website to watch. In their audio and video section.

Let’s Talk Language

I am not going to say too much here as I think the tweet from the Founder and Executive Director Tracy Humphreys, says it all.

BCEdAccess is a non-profit organization. “We champion and support children and youth who have disabilities and who are complex learners to reach their full potential in BC education, and in all aspects of their lives.”

At a press conference on December 29th, 2021, the Minister of Education, Jennifer Whiteside announced a phased delayed school start, in January of 2022 due to the spread of the Omicron variant; euphemism language to describe disabled children was used.

Here is BCEdAccess’s response.

Twitter Thread

https://threadreaderapp.com/thread/1476395178290139141.html?s=09&fbclid=IwAR2d0wsYoUQhWcaY4qBRY1NjzoYl_FMEgOt230da5t1nmgC6xGOPJTmwado

When I think of language, it shines a light on the darkness that people don’t want to reveal. I remember my own internalized ableism and what I was too ashamed to say out loud or discuss with others.

If someone cannot even describe a disabled person with the rights based language and say the word “disability”, that just shows you how far we need to go in the advocacy fight against socialized ableism.

Let’s just think about all of the horrors that society is uncomfortable talking about. Apparently, disability is part of that group.

We all grew up and are living in a very deeply entrenched ableist society. It’s time we use these opportunities to unpack and unlearn ableism together.

Thank you Tracy and BCEdAccess, for being such a strong voice.

**********EDIT**********

Update!!

Education Case Law

My first law class is now complete.

Here is a poem I had to create about case law for one of my assignments. Cool law professor for making a creative exercise as part of the assignment!!

Case Law

Schools are places of learning
They mold, inspire and teach
But much to my surprise
Educational law is out of reach

As parents you have ideas
How your child’s education will go
Case law doesn’t float through your head
Until you have school conflict woes

As I sat consulting with a lawyer
He told me my case wouldn’t stick
There is no case law to support it
I thought he was just being a dick

I searched through all the case law
And much to my surprise
He was right about my case
I was hoping it was a bunch of lies.

Without educational case law
The people in charge are free
To do whatever the fuck they want
Consequences, they never see


Oh, education case law
It was not meant to be
I guess I have nothing left to do
But get drunk on spiked herbal tea.

Missing Counselling Notes

There is a very concerning trend that is happening around this province in our school districts, and that is related to disappearing counselling notes and other sensitive student information.

We have case law from the Supreme Court of BC with expectations and instructions for the school boards on what they should be doing regarding counselling notes, but schools districts do not have policy as they should around this. This is regarding the notes being kept on school property and not taken home by the counsellor, notes being kept separate from the student record and locked, etc.

https://www.oipc.bc.ca/orders/298

https://www.oipc.bc.ca/orders/1226

79 (1) Subject to the orders of the minister, a board must

(a) establish written procedures regarding the
storage, retrieval and appropriate use of student records, and

(b) ensure confidentiality of the information
contained in the student records and ensure
privacy for students and their families.

If you are a parent who has had issues regarding this, or are concerned about this, I offer you a standard letter to send to your school board’s trustees and please CC: the Secretary-Treasurer and consider including the Ministry of Education in your email.  Feel free to write your own with your own individual issues, however, for those who just don’t have the spoons at the moment but are still very concerned, I offer you a letter below. Please attach the case in the link above to your email. The email addresses you will need you can find on your school districts website.

The Ministry of Education needs to have their legislation match current laws. Please email the Ministry of Education or your MLA’s to express your feelings on this matter.

Dear Trustees,

It has come to our attention a concerning trend in missing counselling notes. Confidential student information has gone missing in many school districts and this is an administrative crack in the system that is a disadvantage to students and their parents for many reasons.

We would like to bring to your attention case law that has already been established by the Supreme Court of Canada that states counselling notes are protected under the School Act as property of the school district and that they should be kept locked and treated as school records. In this decision it also states that school boards should develop policy around the storage of counselling notes.

We are requesting that you review your own school policy around school records and confirm if counselling notes have been added to this policy and if not, to implement new policy connected to the legal standards established by the Supreme Court. Please see the attached case law for your reference.

Kind Regards,

Parents SD##

The Scary Parent

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.

And then….

press…..

SEND.

Are Lawsuits the Only Chance Parents Have in Shaping the Education System?

It feels like we have tried everything else…

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.”

Canada was one of these 92 governments. For all sorts of info on this – http://www.csie.org.uk/inclusion/unesco-salamanca.shtml

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

https://home.cc.umanitoba.ca/~wallind/chapterfour5.html

http://www.thecharterrules.ca/resources/sitch_and_mccoubrey_students_rights.pdf

https://open.library.ubc.ca/media/stream/pdf/831/1.0077325/1

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….

http://www.speakingupbc.com/2021/08/06/the-non-death-loss-for-parents-of-disabled-children-in-education-all-over-this-province/

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.

Accessing Education

This is a true story. It starts off like a too common of a story in the education system. A child with undiagnosed learning disabilities struggles in elementary school. I know. This is an old story that people are sick and tired of hearing about. Yeah yeah, undiagnosed learning disability…whatever!! It has become so common it’s like discussing the rain in BC. This story could easily end in tragedy, but this story has a twist. An anxiety diagnosis happens in kindergarten, epilepsy for four years-100 seizures a day, profound Executive Function, ADHD combined diagnosis is in grade five, and learning disability in written expression is confirmed by the end of grade seven. (Assessment paid for privately by parents, I might add.)

Support only really started in grade six and by then, the teacher and LSS teacher were playing catch up. Grade seven hit and the teacher had eight students with IEP’s in her room. Reality kicks in and the need was just too great. Reluctantly, due to no solution in sight, academic achievement in specific subjects were put on the back burner and social and emotional survival was taking the lead.

High school starts, and for the first time EA support that his mother advocated so hard for, are finally being offered. By now this child is refusing additional help and doesn’t want a scribe. He’s used to struggling on his own, he has delt with bullies, and doesn’t want to stand out. He wants to be like everyone else. Struggling academically for him is a well-worn walked path, one that is predictable, that allows him to hide.  His mother and his case manager are discussing the upcoming English class in a zoom conversation. Mom fears that without the support, he will fail. Based on history, she predicts nothing will get onto the page and without alternatives there will be nothing for the teacher to even mark him on. Child is still refusing. Mom knows how strapped the system is for resources and EA time. She doesn’t want to use up an EA that isn’t going to be utilized and have someone else go without. She reluctantly takes a long pause and says to the case manager, “Maybe he needs to fail. Maybe he needs to fall in order for him to realize and accept support.”

His case manager goes ahead and makes the decision to put an EA in the class anyways.  The EA and child hit it off. They were a great match and really connected. For the first time, the child is truly accessing his education and the outpour of work is stunning. The mother flips through a stack of pages bursting out of her son’s binder. Page after page they are filled with stories and reflections. The mother could hear her son’s strong voice shine through the writing, all while written in the EA’s hand writing. The upcoming report card revealed a B. The child, who over the years, was conditioned to avoid his painful report cards, now willingly leaned in closer to the computer to see his mark, and smiles…with surprise.

At the IEP review meeting, not only does the child for the first time accept that the EA-scribe support was very much needed, but he requested for it to continue in the future for all English classes. To top it all off, he acknowledges and accepts a scribe for all future assessments, for ALL of his courses and for this to be done in the learning center. 

He now has a chance. Finally!

Turns out he didn’t need to fail in order to accept support. He was used to failing. He needed to feel what it was like to succeed.  

**Not providing assessments for learning disabilities and proper support for equitable access to education is a systemic failure that punishes children for how their brain is wired and has repercussions for the rest of their life, their children’s life, their children after them, and for all of us as a society. Children don’t live in a silo. When children are struggling in school, it affects every single member of the family.  When children succeed in school, it affects every single member of the family.

Groupthink…Does it Exist in School Districts and on Boards of Education?

Groupthink is defined as “a process of flawed decision making that occurs as a result of strong pressures among group members to reach an agreement”.

“Groupthink is a phenomenon that occurs when the desire for group consensus overrides people’s common sense desire to present alternatives, critique a position, or express an unpopular opinion. Here, the desire for group cohesion effectively drives out good decision-making and problem solving.” mindtools.com

RELEVANCE TO PARENTS: This could be why specialty programs never evolve, why some programs designed to fail are accepted by Boards, why some programs are described as a “dumpster on fire” and how they slip through the cracks. How things that are obviously broken in schools, stay broken, and how systemic oppression to marginalized groups are rarely challenged.

Does anyone remember the NASA Challenger disaster that exploded in space? When they analyzed the process that led to the deadly decisions, they concluded it was partly due to Groupthink.

Groups that are too cohesive, too tightly bonded, too tightly dependent on each other, too tightly socially connected, and are too similar, will bread an environment where it’s best that everyone just agree. Even when the evidence is laid out in front of them, it will be ignored and the pressure to agree will push people to just go with the flow and carry on. Conflict, even productive conflict, will be discouraged. An environment will become the norm where no one speaks up…even when they should. Groups that are too cohesive apply social pressure for everyone to conform.  Disagreement is then seen as a negative trait, insulting to the members, or that person is labelled a trouble maker and their input is disregarded.

It takes a specific type of person to want to be a teacher. Many teachers have similar personality traits and temperaments, a common thread amongst all of them. For the people who have the desire to advance their careers, and for the ones who fit the tight mold of administration, I feel it’s a fair assessment in concluding they are all expected to belong to a very exclusive highly dependent social-work group.

Groups that create an environment where it is safe to disagree with the topic, are the level that we want our district and Boards to function.  Especially because open system groups are the most responsive to change and feedback from their community. **Feedback is a crucial part of the program management cycle.

Points of impact:

  1. Program development and program maintenance
  2. Whistleblowing, staff not being able to bring up concerning issues
  3. Discrimination – exclusion
  4. Racism
  5. Ableism
  6. Policy development
  7. Workplace toxicity (Employee depression, bullying, etc)
  8. SYSTEMIC CHANGE

One way to tell if the Board of your school district is potentially stuck in a Groupthink path is to conduct an interaction diagram.

When you attend Board meetings…is everyone just agreeing? Constructive conflict is healthy. If you are doing an interaction diagram and all you see are support lines…you might have a poorly functioning Board.

Common Roles in Groups:

Task Roles

  1. Defines problems
  2. Seeks information
  3. Gives information
  4. Seeks opinions
  5. Gives opinions
  6. Tests feasibility

Group Building and Maintenance Roles

  • Coordinating
  • Mediating-harmonizing
  • Orienting-facilitating
  • Supporting-encouraging
  • Following

Individual Roles (Non-functional)

  1. Blocking
  2. Out of Field
  3. Digressing

After a few meetings you can start to identify if statements are ones that are asking questions for clarification, which statements are supporting other points of view, which ones are blocking, disagreeing, requesting more info etc.  Pick a few that you observe as repeated the most often and then start plotting. For every statement/question put a line. The arrows that go into the center of the group are statements that are said to the group. The arrows that directed at a specific person go directly to them. Then for any repeats of similarly purposed statements get a tick on the same arrow. This allows you to get a visual of how they function as a group. Too many supportive statements aren’t necessarily a sign of a functioning healthy group.

If school districts are interested in auditing their staff meetings from time to time, to get a birds-eye-view so to speak of how they function, the person doing the tracking, can’t be involved. Some meetings move really quickly and it will take practice for people to quickly identify and assess the types of statements/questions made. This is a quick way to take a pulse of the group for anything on the surface, and groupthink could be obvious.

For the parents attending board meetings, it’s great practice. Board meetings tend to move slowly so it’s a great place to practice and build your skill. Soon, you’ll be able to identify roles people play in PAC or school meetings.

Ideally, we want Boards of Education and district teams to have a high level of trust and respect in the group, where discussion or disagreement is welcomed, critical thinking is expected and they are open to feedback.

Sites of interest:

 * https://sites.psu.edu/aspsy/2020/10/07/how-groupthink-played-a-role-in-the-challenger-disaster/

https://sma.nasa.gov/news/sma-news-archive/watch-out-for-groupthink

https://medium.com/disruptive-design/tools-for-systems-thinkers-the-6-fundamental-concepts-of-systems-thinking-379cdac3dc6a

https://searchcio.techtarget.com/definition/systems-thinking#:~:text=Systems%20thinking%20is%20a%20holistic,the%20context%20of%20larger%20systems.&text=According%20to%20systems%20thinking%2C%20system,of%20reinforcing%20and%20balancing%20processes.

A Call for Fair Process

Sent via Email – Friday July 23rd, 2021 (Edited – number of complaints removed for blog)

Dear Commissioner,

As a parent who submitted X TRB complaints last July 2020, and now X new complaints related to the conduct of the certificate holders providing false/misleading information during the TRB process, I am urging you to please review the process for the Teacher’s Regulation Branch through the lens of fairness for parents and students.

Change requests:

  1. Provide more details and transparency to the process on the website and through written communication.
    1. On the complaint form, explain if they need more space than what is given in the box, that they can submit an attachment.
    2. Inform parents that if they become aware of new evidence, they may submit it and when the last date of submission is in their acceptance letter.
    3. Explain that if they experience any retaliation due to their complaint, that they can submit a separate complaint for the conduct of the retaliation in their acceptance letter or have this written on the complaint form at end when it explains that the teacher will be aware of their name and attachments.
    4. Explain in the decision letter that if they feel that the certificate holders provided false information or withheld any information to mislead the Commissioner that they feel impacted the final decision, they can submit a separate complaint for that specifically.
    5. On the statics page, show how many parents’ complaints vs. district reports made it to the consent resolution stage or investigation stages.
    6. The website is a maze of information and is confusing to navigate through. I like the videos, but they are hidden in the website. There is no clear pathway to navigate through the information. I am suggesting modifications to the website to make it more accessible for parents. 
  1. After the initial review or investigation is complete with the certificate holder, the Commissioner should be allowed to contact the parents to clarify any information the Commissioner is missing, or is unclear about.  That should include clarifying information or perceptions with the children or parents. There should be no assumptions made or have any unanswered questions from the Commissioner in the decision letters. Parents should be able to see initial findings from the Commissioner and be given the chance to offer any other information or evidence that is relevant before the final decision is made.  We have no idea how the lawyers are going to take the situations and spin them.  Myself and many parents have felt that their words were manipulated and false information or incorrect information was in their decision letter without an opportunity to clarify. 
  1. The process should be viewed through the lens of parents who may have disabilities themselves, be part of a vulnerable group, and that this experience is stressful. Follow-up after the initial decision is therefore crucial to the fairness process.  When you read a decision letter that has false information and there is no chance to be heard after that, parents feel re-victimized all over again. The TRB process has been traumatic to parents, compounding the stress they have already experienced within their school district. Students will also feel victimized if they feel that they were not believed.  Parents feel they are taking a big risk in filing these complaints, and many do not follow this process for fear of retaliation or lack of trust in systems.  

Please feel free to contact me to discuss or clarify any of these change requests. I am more than willing to elaborate and explain any of this further.

Please confirm that you have received my letter.  Please take all the time you need to reflect on my requests.  I appreciate that you have a tight schedule, I would appreciate an approximate timeline of when you are able to respond.

Kind Regards,

Kim Block
CC: Ministry of Education, Ombudsperson

EDIT: Added in a second email after feedback from another parent. I completely agree with their point.

“I would request that any of the certificate holder’s evidence that is referenced in the Commissioners decision letter needs to be provided to the complainant. A parent has a right to any and all information that pertains to their child that the school district is in possession of and there is no grounds for why this information is being withheld. It is a one sided process with no transparency when you get a decision letter that continuously references the certificate holders evidence but then does not outline what that evidence was and when the evidence is not provided for referencing. The Commissioner should be held accountable to demonstrate how he came to his conclusions and exactly how he substantiated his findings. Otherwise this makes it very difficult to appeal on any level but specifically to the Supreme Court within 60 days. If you have to use FOI to obtain the information there is no way to meet this.” – PARENT

(For the readers of this blog, I would just like to make it clear that I never experienced any retaliation from filing the TRB complaints and that request is on behalf of other parents who did experience retaliation.)