This post is going to be for the parent/caregivers who want to take their case to a hearing. If this is where you are going to find your peace, I want to help to get you there. This post is for you.
There is a concept that lawyers are taught – try and get every little advantage you can. Even if it is ever so small. Something as simple as even requesting a page extension for your submission. When dealing with the school district’s lawyers, don’t let anything slide. The belief is that many small advantages will build over time and it will benefit you eventually. It could be just what tips you over the line and you win. Every little thing, all of the details, they all will build your case. Don’t ever think…oh I’ll just let it go. It’s not a big deal. When preparing for a hearing, everything is a big deal. Fight to keep all the witnesses you want. Enter in all the documents you want. Take ALLL the time you need. They will fight you on things. Don’t give in.
There was a time when I could have let things slide, but I didn’t. I filled a specific type of application, which I didn’t “win”. However, the tribunal member obviously saw merit in what I was submitting. Not only in their response did they tip their hat to the work I had done so far, they gave me a gift I never asked for, wasn’t expecting, and something they didn’t have to do. They were levelling the playing field between a self-represented parent and the lawyers. They saw the injustice in what I was reporting. It was because I didn’t let anything slide that I got this gift, which were two legal tests for my hearing. If I proved either one of these legal tests, I won my case. It gave me a target.
So on the fifth day of the hearing, I believe I won one of the legal tests. We’ll call it legal test on the left. I could tell the exact moment the tribunal member and the respondent lawyer realized I met one of the legal tests. They couldn’t control their body language. They just reacted. It wasn’t subtle either. I can recall that moment like it is a clip from a movie.
However, in the end the tribunal member went with legal test on the right. The legal test on the left would have helped a very very small group of students, only for those in unique situations. The legal test on the right, would impact everyone. I believe she was trying to make the most impact with the evidence she had before her. So, the tribunal member went with legal test on the right. I have absolutely peace about that. All I wanted from this decision was a specific “duty” and I got that and more. I also think she was protecting me from a Judicial Review, with a more solid legal analysis. Regardless, the story ends well.
If I let certain things slide from the lawyers, and I didn’t submit that application, I never would have gotten those two legal tests, which were a guiding light to me.
Don’t. Let. Anything. Slide.
Every little funky-monkey move they (lawyers/school staff) make, or incorrect information written in an email, don’t let it slide. Because years later if they made a statement that your kid is doing fine, and you didn’t respond to that, they may use that as evidence that you agreed your kid was doing fine.
There is an exception to the don’t let anything slide rule…. if you think they are just poking at you to get a reaction, absolutely let those things slide. Depends on how obvious it is or what they are doing, you may be able to do something with all of that later. You may want to file an improper conduct complaint with the tribunal or file a complaint against them with the Law Society. Depending on how desperate they are, sometimes they may do things that are serious infractions. Lawyers have a Code of Conduct they must follow. Good to be aware. They aren’t allowed to play dirty.
If they think you are truly intending to bring your case to a hearing, you may notice that they will lay out little bread crumbs hoping you will pick it up, so they can engage with you. Weird stuff will start happening or things that are uncharacteristic of the district/school. They want to pull you in closer to them. If you want that hearing, I suggest you don’t pick them up.
The schools and lawyers will always underestimate you. In the beginning I have to admit, I was offended. I was insulted how little they thought of me. Then I realized, it helped me out a lot. If you want that hearing…let them underestimate you. They will be assuming that you will be settling a couple of weeks before a hearing. Let them think that. Stay under the radar. Then pop out hearing ready at the end. You may catch them a lot less prepared.
For the day to day advocacy, we don’t want to seem adversarial with our child’s school so we let the little things go. They know this. We are afraid of being picky. Or being annoying. Or being too much. They count on us feeling this way, and they take advantage of that.
They aren’t letting anything slide. They take every possible advantage they can. We can’t let anything slide either. Otherwise we risk losing a hearing we shouldn’t have, a weak settlement offer and/or possibly a successful dismissal application.
While navigating the BC Human Rights Tribunal speak up when you notice things aren’t fair, and ask lots of questions. Push the line. Ask for what you need. On the school level, speak up when they make statements about your child that you don’t agree with.
Just do it In writing. Of course.
ALL of the details matters. They all add up.
