Planning for grade 3 - IPRC

Yesterday I attended an IPRC meeting for my daughter it was an opportunity for me to discuss my daughters needs & strengths. It is also an opportunity for me to make sure everything is in place for the following school year.  I felt like a broken record reviewing my daughters needs again and again as we had many school meetings over the last few months  due to a few challanges we faced this year.  

Next year I've reluctantly agreed to my daughter attending a special education classroom at her home school for children with developmental delay.  I truly hope this is going to be an ideal situtaion for her.  She will have a teacher that is dedicated to working with kids with signifigant chanellges.  I  hope this teacher and support staff will see my daughter like any other child as a communicator and a learner and set high expectations for her.  I know she needs the extra support this classroom can offer her but  I don't want her to be treated like a baby. She's 8 and needs to be enouraged to be as indepentant as possible.

I found it troubling reading through some of the Ministry of Education Categories and Definitions.  My daughters IPRC states that my daughter has a developmental disability  which is defined as "a severe learning disorder".   Yes I see that and I get that but it is hard to swallow and accept. I see how far she has come and I have so much hope that she will learn to read and communicate effectively in the future.  

The definition goes on to state:
a) an inability to profit from a special education program for students with mild intellectual disbabilites because of slow intellectual development.
b)an ability to profit from a special education program that is designed to accomadate slow intellectual develeopment;
This is the part that really bothers me is this really NESSCESSAY?
c) a limited potential for academic learning, independent social adjustment and economic self-support. 

OUCH I find that last part very hard to read, accept and feel that last statement is just so negative it hurts this Mom to the core.   I worry it sends such a negative message to parents, teachers and support staff about my daughter and all  kids in this category that they can't learn, socialize or be indepentant.  I feel these statements leaves little room for optimism about my daughter's future. I am always overly optimistic, my glass is always half full, the sun will always come out tomorrow. For my daughter I always knew she would be a walker, and I love that she is a gymnast and a soccer player. I just knew she won't need to carry that oxygen tank into the classroom with her.  I was ever hopeful she would learn to eat one day.  All these things she accomplished they were big deals.  She can crawl, sit on a typical chair to enjoy a meal or a show. Feed herself a meal using her utensils.  I continue to hope that one day she will be a better communicator and a reader.  I'm certain her future will be meanful and serve a purpose yes she will likely need support in whatever she does but it still be purposeful and meaningful. Not only to Ashley but too many people that she will meet.

I was told that kids with severe learning disabilities can learn to read they just have to work at it a lot more then typical learners.  Which means picking up and reading a lot more books.  Ashley and I read many leveled readers each day she enjoys this time with me and loves books. I can not tell you if one day she will be a reader. But I can tell you that I will only fail her if I don't try to teach her.  

 

Just believe in my girl and all that she can do.

 

So I'm  just going to continue to think positively about the upcomming school year.  I would love the ministry to consider the messages they are sending parents, teachers and our kids.

Cautionary Tale with regards to Your Child’s Personal Care

 

I learned the hard way that even though you’re at a great school with highly caring and supportive staff.  Important things in your child’s educational program can get overlooked and even forgotten.   At my daughter’s initial commencement at school, she had a successful toileting program which was started upon her first the day of Junior Kindergarten.  She was taken to the toilet twice a day and managed to stay dry most days.  The same procedure was followed in senior kindergarten and again in grade one.  Actually in grade one she would be taken on schedule but also whenever she requested using a tech talk (speech output device).  Her Educational Assistant (EA) was very keen on teaching her the speech device and took her whenever she asked.  I loved how keen they were to help her with speech and toileting.

When Grade 2 started this past fall, I was pleased to hear that she had the same teacher, but once again she had a new EA.  At my daughter’s school board there is no consistency year after year as EAs are relocated to other schools.  I was very focused on my daughter’s education plan for the year and spent much time talking to the teachers about how we would help Ashley to learn to read.  They refined and came up with a great educational program in many areas.

 When your child needs multiple accommodations, it is inevitable that there are many things to communicate each day and in school meetings with the teachers. Unfortunately I recently made the big mistake of not enquiring about toileting at all before two months had passed.  I received feedback that Ashley was not that happy at school and didn’t want to walk. I didn’t understand why that would be so. Then three weeks ago, I learned at our Single Plan of Care Meeting that toileting wasn’t happening.   No one talked about toileting and unfortunately no toileting was taking place.  I found this to be grossly upsetting and I thought it must be addressed immediately. Unfortunately not everyone was comfortable with the process and it took close to two weeks to address this very basic human need.  This need was included on her IPRC statement and was discussed briefly with the staff in the days before school started.

I learned from all this, that it  is very important for parents of non-verbal kids to speak up and ask many questions, even inquiries that may seem somewhat naive.  It is important to continuously be hands-on, show the staff that they must work with your children to assist them in learning how to communicate, how to feed their self, toilet and walk in the most independent manner. No one cares about this more than Mom or Dad.

 I learned that this also happened to a close friend’s daughter recently to her child is also non-verbal.   Just today someone told me this kind of communication breakdown, oversight, misunderstanding or just plain lack of training happens to vulnerable kids all the time.  

I feel I played as much a part of this, as the school did, for not focusing on those skills for which she was reasonably competent and was just part of her basic care.  I feel bad this happened to my daughter and I hope the school will allow me to take a more active role in her care at school.  As Ashley has a 3 year old brother, it’s hard to find the time to be at school. However, it is something I will be making time for in the next few weeks.  I also plan to spend much more time at school with Ashley in the first few weeks of a school year to ensure everyone is comfortable with assisting her with walking, toileting, communicating and feeding my child.  I know that no one intended for this to happen, however it’s sad to me that I learned this kind of oversight happens to children like my daughter all the time.    For other special needs parents I’d love to know if this sort of thing ever happened to your child?  How did you find out?   What kind of questions do you ask in your child’s communication book to make sure that everything necessary is happening each and every day?  

Ice Skating - So nice to be included!!

This morning I accompanied Ashley on a winter outing with her grade one class she went Ice Skating.  It felt wonderful to be there with her on the ice.   I  recall  when she was just two sending her older brother off to skate with his grade one class feeling sad that Ashley may have to miss out on such  fun.

Five years later and my outlook is so different.   I really see many doors opening for Ashley as long as we plan there is always a way to participate.  Ashley's wonderful grade one teacher and school therapist arranged for a sledge and  Ashley was on the ice and enjoyed herself so much.  Her friends were happy to see her there and a few asked  why she wasn't on skates.    That would be something I'd love to see one day too and I think is possible perhaps a seated walker and some skates.   I love how the other kids see her doing it all.   Go Ashley Go!!!!

Ashley 6 years old, a public speaker and self advocate!

The Quest 2011

It was such a privilege this week for Ashley and I to share her road to inclusion story,  at an international conference for educators called "The Quest" hosted by York Region Public School Board.

I was emotional delivering this speech as this was truly a tribute to Ashley's entire team of teachers, aids, and therapists and only with them working together and believing  in my little girl is this such a success story.  There was a 1000+ educators in the room they gave us quite the audience. Public speaking was new to both Ashley and I but we were both very passionate about our message. 

Ashley's road to inclusion.  A road I hope many other kids will travel.

Myself and Ashley getting ready to speak!!  We were all so excited!

My words;
My daughter you're so amazing.
You were born into a storm. Coming into this world, so tiny, and yet instantly fighting for your life.

I hope this world can see how wonderful you are.

Your life started in the Neonatal Intensive Care Unit for months followed by daily therapy to learn to do what comes so easy to most, walking, communicating, eating and even holding a toy. 

Instead of playmates you had dedicated nurses and therapists.  Instead of walks in the park and rides in a stroller you went to therapy, doctor visits and experienced long hospital stays

Ashley speaks - 

 I just want to run and play. 

 I have something to say. 

Then I continue to share...

When Ashley entered Mrs. Gambino’s kindergarten class, she had her challenges but was welcomed by her teacher just the same as her classmates.

September Junior Kindergarten

Ashley’s speech therapist Mrs. Visconti brought her augmentative communication devices. She gave Ashley a voice for the first time!

And if that wasn't great enough that she now has a voice! 

Mrs. Visconti also worked with 

Ashley's teachers on appropriate IEP goals that were measurable and attainable.   She helped Ashley's teachers find the appropriate curriculum even beyond communication but for language and math. 

So Ashley has a fabulous IEP!   Ashley's teachers and Aids were excited with this guidance and modified teaching methods they followed thru and worked hard with Ashley each day. Ashley was able to make progress with all this support and has had her IEP expanded. This team work is the KEY to successful inclusion. 

Dream team meeting!!!

Her   classmates connected when Ashley was able to comment and ask them questions.

Ashley was embraced by neighbourhood friends and blossomed through the encouragement of her teachers and classmates. 

Seeing Ashley doing so well in kindergarten, her father and I decided NO special classes, NO limits, No labels!   She like her brothers has so much potential and the sky is the limit.

We feel it’s important that she learn how to interact with the real world and not be sheltered.   Most importantly we want her to believe in herself, and all of her abilities!

Ashley needs to be surrounded by able-bodied peers and this is hard to provide in a separated special education classroom. We feel she will do best if she exposed to typical classroom environment where her peers can be her friends and role models.

Ashley - At school they gave me a voice. My name 

is Ashley.  Will you be my friend?

 Inclusion in education for Ashley is the beginning of inclusion for the rest of her life. Just as we all want to belong, Ashley wants to belong and Ashley wants to be included. 

I don’t want the school to focus on guarding and protecting her. I want the school to focus on giving her lots of chances and choices.

They have assisted her to walk daily and in response, she led her entire class into kindergarten graduation with her walker.

She was given a simple step-by-step communication device and is now learning to use an iPad with even more options to communicate.

Ashley has been given the opportunity to stay for grade one, and we are so appreciative of the incredible support she has received in Ms. Bloom’s class.

We hope to see Ashley’s at this year’s primary skate days and were excited when Janice Lee the school’s physiotherapist suggested of course Ashley could skate with a sledge.

Who would have thought when Ashley was born that she would be up here giving a speech to all of you.  Ashley loves music and I’m sure would be thrilled to have the opportunity to participate in primary choir. I don’t see anything as impossible for my little girl as long teachers and support staff, are open minded and welcoming Ashley can do anything!

I’m confident Ashley will be successful at her home school for all of her elementary years.

I look forward to seeing how OUR family, OUR resource teams and OUR school will continue to collaborate.

With careful planning and resource management Ashley will benefit with greater access to the full curriculum throughout elementary school and even high school.

How will YOU help me to make this happen?

Ashley's closing words; 

I love being in Ms. Bloom’s class.

I love books. I really want to learn to read. 

I enjoy going to birthday parties and playing with my friends in the yard at recess.    I just want to be a kid.

And will you be my friend?   Please

We received a standing ovation from all the educators in the room. !!!

My public speaker  just 6 years and advocating for herself and others in her position look what she can do!

I'm so thankful for this opportunity.  I hope we inspired at least one parent or teacher in the room to see a child with a number of needs as an active learner and raise their expectations for all children to the sky!  

Special thank you to Erin S. one of Ashley's friends and a neighbour who recorded Ashley's thoughts for this presentation on Ashley's step by step.  It was very sweetly done.    By the way Ashley's story was just one of 5 stories shared in this dramatic presentation.  I will do my best to find out when this will air on ROGERS TV channel 63 if anyone is interested in watching this. 

My plea to the premier

Few people have that special touch,  a miraculous skill, that relentless dedication to their profession that make an incredible difference in peoples' lives.  This special lady Bernie who is a paediatric  physiotherapist has all those qualities.   My daughter had the good fortune to start seeing Bernie when she was just a few months old.  She was very fragile and her future was very uncertain.  Ashley needed Bernie's help to gain head control, roll over, use her arms to reach, and bear weight through her legs. I began to learn that she is one of the very best in her field and Ashley was so very lucky to have her on her team.  

Because of this lady, Ashley is now a walker, and even a soccer player.  Ashley has a new level of independence with her walker and every new accomplishment is like a gift. This did not come easy for Ashley but with Bernie's skills and advocating that Ashley received the adequate number if visits to make it happen, Ashley has now received a new level of freedom. You can't image how shocked and saddened I was to learn that Bernie's contract was recently cancelled by 1 to 1 Rehab. We need more physiotherapist like Bernie in the public sector.  

At present CCAC's and Children's Treatment Centre’s in Ontario  look more  at the number of visits and block the child for treatment, rather then focusing on the child's ability to progress and to attain outcomes goals.  There is just not enough funding for physiotherapy to provide the level of therapy to make a difference for the growing number of special needs kids in Ontario. We are lucky in that we can afford to supplement the government therapy with private therapy.  That was also needed to get Ashley where she is today.  Not all families are able to supplement the government therapy with private physiotherapy. 

I wish I knew how to let the provincial government know many more kids need more therapy and that it really pays off in the long run.   Many more skilled physiotherapist need to be hired to meet their  needs.  Kids who can walk and who are not confined to wheelchairs will function better and be happier adults.   They will require less expensive health care and equipment if they can move about independently.

Dalton McGuinty, I know you want to build a brighter future for Ontario.  Please don't forget about my girl.  If it were not for Bernie, Ashley would not be where she is today.  Bernie is someone that you want on your therapy team.   There are many more kids in York region that would have benefitted from her service.  Not all  parents can afford private therapy.   Physiotherapy should not be a luxury for kids who cannot walk, hold up your head, feed yourself or speak. 

Kids here need more therapy and this isn't just a physiotherapy problem, it can be said for occupational and speech unfortunately.   Ashley is enjoying and benefiting greatly from her current block of PT at CTN and but it is only an 8 week block.   Ashley will have to sit out at least 8 weeks before starting again.  Ashley will spend more time out of therapy then in therapy in the next year.   Image if she regresses and doesn't have that opportunity to learn how to walk independently.   Ontario has amazing therapists who are forced  to work privately and many families can't afford this cost.  Please don't let these children down. It's an uphill battle just to be a kid.

You can see what Ashley can learn to do when receiving on-going therapy in her progress videos here, here and here.

The ABC's of IPRC - Wonderful advice for Ontario students I learned from Janis Jaffe White

I was lucky enough to go and listen to Janis Jaffe White from Toronto Family Network a few weeks back when she visited my daughters local treatment centre.  CTN (Children's Treatment Centre has been doing an amazing job of keeping us parents informed and educated on everything from the best bike or how to access camp or recreation programs and best of all how to work co-oportiviely with your school to ensure your child's needs are met and they are set up to succeed.

I want to share here some tips I learned form Janis. If you live in Ontario and your child has an IEP you will likely find some great information here.

A) Aware - be involved and aware with what going on at school for your child. Be informed on the current education law.  Highlights of  Regulation 181/ Section 98  also read this document here in all it's detail Education Act 181/98

B) Be there!  - never pass up on an IEP or IPRC  meeting at school.   It's your chance to ask your questions, advocate for your child and sing your child's strengths, affinities and needs. Some schools may tell you that the these meetings are not needed after the initial meeting but there is usually value in sitting down even if placement for your child isn't changing at least once a year.

C) Communicate.  Share your ideas, ask questions and listen.

If your child has additional needs she  requires good teaching, differentiated instructions but they also need able bodied mentors. All these things can be provided at your home school with your child's siblings and neighbourhood friends by their side.

You should never waive your annual IPRC meeting, you should use this time to discuss your child's strengths and needs.   With your written permission the IEP can also be discussed at the IPRC meeting.
According to regulations 181 section 98 an educational assessment can be done annually prior to the IPRC meeting and the results can also be discussed at the meeting.  Your school my say this is impossible as there is a big wait list for that type of assessment but it does not always have to be  formal physiological assessment. It could be a simple math or writing assessment completed by the home room teacher or SERT.   This meeting should be more then 15 minutes if it's set up that way and you didn't finish you have a right to ask to have the meeting reconvene. You may want to tell them that you looking to have a longer discussion if they initially set up a 15 minute meeting.

Also according to 181/98 you are required to get a copy of all documents 10 days prior to the meeting.
At the meeting you will also meet and decide if your child should be an exceptional student.

Your allowed to bring a support person with you, if your child has complex needs there is likely someone on your child's team that supports you that could come with you. This support person could be a neighbour or friend even.   You can even print out the education act and bring that with you.

You also have a right to ask for an alternate time if they date and time the meeting is set up for doesn't work with your schedule. I won't want this meeting to happen without myself present for my daughter and I'm sure you won't want to miss it either.

If your told your child should be in a community classroom and you have a choice or classroom A classroom B. PLEASE know there is always another option your home school is also your child's right and is always an option to your child!

Probably the most important thing I learned is don't be shy to tell the school you know your rights sometimes that is necessary to share.  Goes a long way although most educators want to do right by our kids there is a lot of pressure in my daughters school board for these kids to attend  community classes whether or not it's part of the child or family vision.  This pressure was their even though she was making great strides right here at her home school in kindergarten.

Hopefully your still reading this long post as this part is great.

Undue Hardship Standard

Under the Code, every student with a disability is entitled to accommodation up to the point of undue hardship. The Code sets out three factors that may be considered in assessing whether an accommodation would cause undue hardship: cost; outside sources of funding, if any; and, health and safety requirements, if any.

Consultees told the Commission that school boards frequently cite limited resources as a reason for not being able to provide appropriate accommodations to students with disabilities. The Commission’s Disability Policy makes it clear that “whether an accommodation is ‘appropriate’ is a determination completely distinct and separate from whether the accommodation would result in ‘undue hardship’.”94         The legal duty of a school board to accommodate students with disabilities is not discharged unless the school board can make out an undue hardship defence based on costs. In order to claim the undue hardship defence, the school board has the onus of proof. As stated in the Commission’s Disability Policy, “The nature of the evidence required to prove undue hardship must be objective, real, direct, and, in the case of cost, quantifiable. The person responsible for accommodation must provide facts, figures, and scientific data or opinion to support a claim that the proposed accommodation in fact causes undue hardship.”95

The Supreme Court of Canada has said that, “one must be wary of putting too low a value on accommodating the disabled. It is all too easy to cite increased cost as a reason for refusing to accord the disabled equal treatment”.96 The cost standard is therefore a high one.

Regulation 181 / 98

 The undue hardship law applies to all accommodations so even if your child has an intellectual disability and needs an EA they can not tell you the reason is due to limited resources or funding.

Here's another good link too "The Blame Game"  Are school problems my kids fault?

Isn't this great stuff.   I found this information to be so valuable to me.

Inlcusive Education Petition - Education for all!

Ashley would love it if you take a moment to sign this on-line petition !!

Education for all: Every child to have the right, to access all aspects of curricular and non-curricular activities regardless, of any difficulties or special needs.   The Education Act in Ontario guarantees a child's right to an appropriate education, regardless of any difficulties or special needs. We are requesting that the Government of Ontario enact rules and regulations that force Boards of Education to include the child's right to access all aspects of curricular and non-curricular activities regardless of any difficulties or special needs. We are calling for all children with special needs to be accepted to be full members and partners in their schools and community, be able to equally access curricular and non- curricular activities and that is to include: Sports clubs, Music, Drama and arts clubs, Social clubs, Social activities, parties, school trips, special curricular activities, summer programs and camps offered by school boards etc We call the Ministry of Education to make an immediate change to stop the indirect discrimination (1) of special needs children in our schools. Make our schools a place where there is “Education For All”. http://www.petitiononlinecanada.com/petition/education-for-all-every-child-to-have-the-right-to-access-all-aspects-of-curricular-and-non-curricular-activities-regardless-of-any-difficulties-or-special-needs/92

Inclusive Education - Emily Eaton Thank you

Ashley at her local public school where she is included!

I was told by another Mom to read the case of Emily Eaton.  These are the parents I'm very thankful to for paving Ashley's way to inclusive education.  Thank you Eaton family for insisting I have the final say in which classroom best meets my daughters needs.

Also please read my daughter  Ashley's benefits of Inclusive Education


Emily Eaton's case from the following website  http://www.abilities.ca

Eleven-Year-Old Emily Eaton Wins Landmark Charter Victory

Janet Bedgell, Anne Molloy

On February 15, 1995, the Court of Appeal for Ontario released a landmark decision. This decision will have a major impact on the education rights of children with disabilities, not just in Ontario, but throughout Canada.

The decision ended a three-year legal fight by Emily Eaton and her parents against the Brant County Board of Education to have Emily integrated into the regular class at her neighbourhood school. In its decision, the Court of Appeal, the highest court in Ontario, recognized that under the Canadian Charter of Rights and Freedoms, segregating children with disabilities in special classes against their parents’ wishes violates their equality rights under section 15(1)* of the Charter. The Brant County Board of Education has 60 days from the date of the decision to bring a motion for leave to appeal to the Supreme Court of Canada.

Emily, who has cerebral palsy, is 11 years old and lives in the rural community of Burford, near Brantford, Ontario. She spent kindergarten and grade one at Maple Avenue School in a regular class. However, during grade one, the school decided that Emily should be sent to a special class for students with disabilities. Her principal requested an Identification Placement and Review Committee (IPRC), provided for under Ontario’s Education Act, to change her placement from the regular class to a segregated class for students with disabilities at a school in Brantford. Emily’s teachers and other school officials told the IPRC that they did not feel they could meet her needs in the regular classroom, and that, because of Emily’s difficulty communicating, they weren’t able to assess whether or not she was learning.

Emily’s parents strongly believed that their daughter’s needs could be met in the regular class. They felt that nothing could be done in the special class to meet her needs that could not be done just as well in the regular classroom. The Eatons also believed that their daughter would be psychologically harmed if she was sent to a segregated class -- but the IPRC agreed with the school.

The Eatons refused to allow their daughter to be moved to a segregated class. They appealed to the Special Education Appeal Board, which upheld the IPRC. From there, they appealed the case, under provisions contained in the Education Act, to a Special Education Tribunal. At the tribunal hearing, the Eatons called extensive expert evidence about the benefits of integration and the potential harm of segregation, and testified about why they believed Emily should be in the regular class. Central to their position was the belief that in order to be truly part of her community, Emily needed to go to her neighbourhood school with her peers. The school board’s witnesses testified that they were unable to assess whether Emily was learning in the regular class, and stated that they felt the special class would be "better" for her.

The tribunal rejected the Eatons’ arguments and ordered that Emily be placed in the special class. In its reasoning, the tribunal stated that Emily’s needs were not being met in the regular class, and that it was in her "best interests" to be placed in a segregated class. However, the tribunal did not make any findings about what would be done in the special class to meet Emily’s needs that could not be done in the regular class.

The decision was released in November, 1993, when Emily was in grade three. Her parents immediately launched an appeal and, rather than allow their daughter to be segregated, moved Emily to a Catholic school which had a fully integrated program, pending the outcome of the court case.

The Eatons were unsuccessful in trying to overturn the tribunal’s decision at the first level of judicial review, the Ontario Divisional Court. In December, 1994, they went to the Court of Appeal for Ontario, which entailed three full days of legal argument. In addition to submissions from the Eatons’ and the school board’s lawyers, the Court heard from the Attorney General of Ontario, the Canadian Disability Rights Council and the Ontario Association for Community Living, all of which had intervened in the case.

In a decision which will have a far-reaching impact on the education rights of children with disabilities, the Court of Appeal overturned the Divisional Court’s decision and found in favour of Emily and her parents. The Court held that forcibly segregating a child because of her disability violates her equality rights under Section 15(1) of the Canadian Charter of Rights and Freedoms. The Court also considered the historical reality of exclusion experienced by persons with disabilities in our society, recognizing that the "history of discrimination against disabled persons, which the Charter sought to redress and prevent, is a history of exclusion." The Court found that by excluding Emily from the regular class and denying her the opportunity to go to her neighbourhood school with children her own age, the school board had discriminated against her and violated her Charter rights.

In coming to this decision, the Court recognized that being forced to attend a segregated class resulted in discrimination, and explicitly identified the negative, stigmatizing effects of being forcibly excluded. The Court also held that making distinctions on the basis of disability is no less discriminatory than distinctions based on race or gender.

In addition to acknowledging the harmful effects of segregation, the Court also recognized the benefits of including children like Emily in the regular class and the importance of inclusion in the school system to the success of community living. It stated that: "Inclusion into the main school population is a benefit to Emily because without it, she would have few opportunities to learn how other children work and how they live. And they will not learn that she can live with them and they with her." This concept, in fact, reflects the Eatons’ own reasons for wanting Emily to be integrated. As Clayton Eaton testified before the Special Education Tribunal:

"I think our community includes [Emily’s] neighbourhood school. And the people who live in our community, the children that she will grow up with and [who] will be part of her community when she’s an adult, go to that school. They need to have an understanding of Emily, they need to know Emily, they need to be integrated with Emily now... We can’t bring her back at the end of her school career and plug her into that community. She has to be there now and grow up with those children and those children have to grow up with her..."

The Court concluded that the Education Act itself violates the Charter because it gives school boards the discretion to place children with disabilities in segregated classes against their parents’ wishes. The Court therefore ordered that a provision be read into the Education Act preventing school boards from placing children with disabilities in segregated classes against their parents’ wishes except as a last resort. School boards must provide the least segregated placement possible which meets the child’s needs, and, before moving a child over a parent’s objection, a board must show why a less exclusionary placement can’t meet the child’s needs. The Court held that the tribunal had not applied the Charter in this way, and had not held the school board to the standards required by the Charter. The Court ordered that Emily was therefore entitled to a new tribunal hearing before a different panel of decision makers in order to have her educational placement determined in accordance with her equality rights.

This case will have a major impact on the educational rights of children with disabilities. The Court of Appeal’s decision will apply to all school boards in the province of Ontario, and will require those school boards to comply with Charter rights of children with disabilities. The case will also have a significant impact on the education systems of other provinces and on the development and recognition of disability rights generally, not just for education, but in all areas of life.

* (NOTE: Section 15(1) of the Canadian Charter of Rights and Freedoms states: "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability."

COUNCIL OF CANADIANS WITH DISABILITIES

926-294 PORTAGE AVENUE

WINNIPEG, MANITOBA R3C 0B9

TEL: (204) 947-0303

FAX: (204) 942-4625

E-MAIL: ccd@pcs.mb.ca

WEBSITE: http://www.pcs.mb.ca/~ccd/

Recent Toronto Star article on my hot topic.   

Also please read Ashley's personal benefits of inclusion at this recent post too. And PLEASE  comment I'd love to hear what everyone thinks about inclusion.

Benefits of inclusion clear

Published On Tue Nov 23 2010

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Heydon Park's integrated girls school.

RENE JOHNSTON/TORONTO STAR

Re: Trustees strike a blow against junk science, Opinion, Nov. 17

It is interesting to the families we support to see such an article about “segregated schools.” The families we serve have children with differing abilities. Many of them are being placed in segregated schools and/or segregated classes because parents are afraid to leave them in their community school where, they are told, they will not receive the necessary support services.

The Ontario government and Ministry of Education says they believe and support equity and inclusion but have not insisted on this approach as have other provinces have done. The TDSB, the largest school board in Canada, between 2002 and 2007 increased self-contained segregated enrolment by 39 per cent, according to its own Financial Facts.

Yet, research is clear: children in robust inclusive settings have good general health, make academic progress, look forward to going to school, and get along with peers (Canadian Council on Learning, PALS, Statistics Canada, 2001). Research also indicates that there are no benefits to special education class placement and a unified (regular and special) system of education must prevail (Council of Administrators of Special Education, 1993).

Authentic research not “junk science” clearly demonstrates benefits of inclusion for each and every student and community. If so, why is the continuing segregation of students with differing abilities and additional needs not receiving attention?

Janis Jaffe-White and Reva Schafer, Toronto Family Network

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