Skip to content

Parent. Advocacy. Tribunal. Help

Home
About Me
Services
Duty to Accommodate
Education Law
Legal Blogs
Contact

Author archives: Kim Block

Posted byKim BlockMay 18, 2024August 15, 2024Posted inBlog

PATH Parent Advocacy Tribunal Help

PATH Parent Advocacy Tribunal Help

Bluesky @kbpath.bsky.social https://bsky.app/profile/kbpath.bsky.social

P.A.T.H

parent.advocacy.tribunal.help

Human Rights. Education. K-12. Disability.

New Blog: Understanding Systemic Change A necessar

New Blog: Understanding Systemic Change
A necessary blog.
https://www.speakingupbc.com/.../understanding-systemic.../
#HumanRights #Disability #Education #Law #Advocacy

2 New TRB complaints. There was a two month gap p

2 New TRB complaints.
There was a two month gap period of nothing, and then 2 postings yesterday where the teachers names were both anonymized. The database to all of the decisions is just linked below. Their website is a maze and I find it hard to navigate. I have people contacting me because they can't figure out how to submit a complaint. I get it. They don't make it easy, and I assume there is purpose to that. Here is the database. https://teacherregulation.gov.bc.ca/.../DisciplineOutcome...
The one that I want to focus on, is this one because....well for one it's ridiculous that this even happens, but that access to a washroom also connects to anxiety.
They anonymize names when: "This summary is published under section 54(3) of the Teachers Act to protect the identity of students who were harmed, abused or exploited by the teacher."
This teacher was refusing to let students use the bathroom, even though they have been instructed to let students use the bathroom in the past. (There is more to this situation). The reason I picked this one to highlight is because when students have anxiety, depending on the severity, it can most likely impact their digestive system in multiple ways and many people can feel the urge to urinate more often. Kids who are constantly running to the bathroom, is a sign of anxiety that the BC Children's Hospital will use as one of their criteria.
Regardless, denying a child access to the washroom is going to drive up their feelings of not being safe in school. If they have anxiety, it will likely make it worse, and they'll be put in survival mode.
Kids sometimes use going to the washroom often to take breaks in class, because they are not getting their needs met. They need breaks, and they have figured out this is the only way that they can get them. They also sometimes escape the class to avoid the shame.
Here is the complaint.
The teacher resigned.
https://teacherregulation.gov.bc.ca/.../Dis.../T-BL-2024.pdf

New Human Rights Decision! We have a new Human Ri

New Human Rights Decision!
We have a new Human Rights Decision issued in October but was just posted on their website on December 12th, 2024.
Ward and others v. Ministry of Education, 2024 BCHRT 306
This is a VERY interesting decision as it is a parent claiming discrimination to not having equal funding and this unequal funding they felt was discriminatory. Funding is a reason many parents would like to file a class action against the Ministry. This decision supports the reality, that we can’t just sue the government over lack of funding. Especially, the Ministry of Education and Child Care.
And the main crux of the argument of why we cannot file a complaint against the Ministry of Education and Child Care in connection to funding is because they are just following the legislation that is voted on and passed in the Legislature. The Legislature creates the School Act. The funding is given to the school districts. The school districts make the decisions on how the funding is allocated. As stated below the Tribunal dismisses complaints against bodies whose only role in funding is oversight.
Every human rights decision that I have ever read that included the Ministry of Education in a complaint, has been dismissed every. single. time. I really encourage everyone to read this case in full. The analysis is very interesting. I thank this parent for filing such a complaint and allowing the tribunal to apply their interpretation and analysis so that we can learn from it and understand how the system works.
I really can’t say it enough, that if you think you have a case, filing complaints is a form of advocacy. Even if you personally “lose” it is not a loss for the community. This is a HUGE form of advocacy. It’s information and knowledge that lets us understand where the lines are. Where the boundaries are. We could end up wasting TONS of time and energy advocating in the wrong direction. These decisions are literally GOLD.

https://www.speakingupbc.com/2024/12/15/new-human-rights-tribunal-decision-against-the-ministry-of-education-funding-dismissed/

New Blog: Families are Advocating - A Year in Revi

New Blog: Families are Advocating - A Year in Review

https://www.speakingupbc.com/2024/12/13/families-are-advocating-a-year-in-review-for-human-rights-oipc-decisions-and-the-media/

Social movements are slow.
And this is what advocacy for disability rights is.
A social movement.
It will always be too slow for anyone’s liking.
Really.
While we wait for change, harm is being done.

Some people feel defeated and think what is the point,
the system isn’t changing.

Change very rarely occurs in leaps and bounds.
Certainly not in human systems.
It’s normal for it to be
2 steps forward,
1 step back,
3 steps forward,
1 step back,

It’s always messy.
Never a straight line from A to B.
More like a zig-zag all over the place.
But this is how humans work.
Especially in large groups.
Societies.
No way to get around that.
Just need to muddle through it.

But we are seeing more advocacy tools pop up.
Decisions and accessibility legislation.
Families are advocating.
More external watch bodies are taking notice.
Change is slow.
But it is occurring.
The roots are growing.

What is scary and dangerous is when the system feels no one is watching.
That they are untouchable.
Then the system will change in leaps and bounds.
It can always get worse.

We need to hold the line.
Send the message that we are here.
We are watching.
We are learning.
We will take action.
And clearly, we have.

Let us focus on this:
Many seeds have been planted this year.
May they take root and grow

To my community of families,
Happy Holidays, and I wish you all the best for 2025.

Inclusive Education Services Manual 2024 I have lo

Inclusive Education Services Manual 2024
I have looked over this document and there are a lot of quotable sentences that will help parent(s)/guardians advocate. This is an advocacy tool. 100%. Some of the basic duty to consult aren't even happening with parents and IEP meetings, so this document can help in that regard.
It's really information overload. It's going to take me a while to pick through this, there is just so much information and every single word means so much.
I'll be posting about this document in chunks. In the meantime here is the document.
https://www2.gov.bc.ca/.../inclusive_ed_policy_manual.pdf
I do want to say: Policy is not law. Law will always override policy. Human rights law will still supersede policy from the Ministry of Education and Child Care if there are conflicts and if the policy itself leads to discrimination. The Code is above all other laws and policy. https://www.speakingupbc.com/.../the-bc-human-rights.../
I also do want to say, it's all good and well for the Ministry to set these standards, but I read this and think...do they realize what schools are actually dealing with? Are they setting people up to fail?
Because currently, what this manual sets out.... the system isn't designed to support this.
#Advocacy #Disability #Education #Policy #Law

Disclosure. People will have different feelings ab

New Blog: Ok.... let's see... how long did I last

New Blog:
Ok.... let's see... how long did I last?? 11 days. 11 days of no blogging. LOL.
I have to say... clearly writing is part of my self-care. I love blogging. I love writing. I have so much in my head, I just need to get it all OUT.
Here is my new blog.
https://www.speakingupbc.com/.../self-regulation.../
#Advocacy #selfcare

Is policy worth anything? The answer is: Yes, No a

Is policy worth anything?
The answer is: Yes, No and Maybe.
"It depends"
Yes - Policy is worth something because if school districts don't follow their own policy then you can file an Ombudsperson complaint. Ombudsperson BC is the external complaint system for administrative fairness and that includes following policy. There have been education complaints that have been posted on their website around policy. I have collected them all here, https://www.speakingupbc.com/education.../bc-ombudsperson/
You can also go on their website directly and search for cases and use "education" as the filter.
Policy is something that you can also use in your advocacy if you need to communicate to anyone in the district or even the Board of Education. Policy falls in the lap of the Board of Education.
When parents start talking about policy and use policy in their advocacy, it does get the attention of school staff and they know that you are serious and you aren't going to just accept whatever they tell you. They will know you do your research. This is not a bad message to communicate.
No- If you are in a district that doesn't embrace their own policy and make it part of how they function, then it's really performative and useless. Holding the district to their own policy can make you feel like you are a hamster on a wheel just going round and round. Even filing an Ombudsperson complaint can take a LONG time. So this is potentially not a fast solution. It will be completely dependent on the district or independent school. They may even hide behind the fact that there is no policy on an issue you are facing. A great response though if administrators are telling you things like "that's not how we do things here", is to say, "show me the policy on that".
Policy may not even be that important or worth anything depending on the situation as the Human Rights Code supersedes all policy when there is conflict. Sometimes policies themselves can be ableist and discriminatory. To read more on this: https://www.speakingupbc.com/.../the-bc-human-rights.../
Maybe - "It depends". The only way you are going to be able to find out is to use policy and advocate.

Meaningful inquiry is part of the duty to accommod

Meaningful inquiry is part of the duty to accommodate.
The schools need to investigate when parents bring forward information about their children are struggling in school and the struggle is connected to their disability.
Parents don't even need to use the word "accommodation".
To read more:
https://www.speakingupbc.com/meaningful-inquiry-anxiety.../
To read more about the duty to accommodate:
https://www.speakingupbc.com/understanding-the-duty-to.../
#Disability #Advocacy #Education #Law

New Blog! 5 Rules on How to be Untouchable. (Or a

New Blog! 5 Rules on How to be Untouchable.
(Or at least try to be…)
The school district and their lawyers are just waiting for you to do any of the following things listed below…literally sitting back, fingers crossed and waiting. They know what works. They do this all the time.
They can use your own decisions against you in multiple ways. Destroying your credibility at a hearing, filing a section 177 against you, getting your human rights complaint completely dismissed and with costs, shutting down complete communication with you, sending you a cease and desist letter or threatening a defamation lawsuit.
Become untouchable...
https://www.speakingupbc.com/.../5-rules-on-how-to-be.../

#Advocacy #Disability #Education #HumanRights #Law

Ok, everyone! Change of plans!!! Woke up this mor

Ok, everyone!
Change of plans!!!
Woke up this morning with a clear-as-a-bell idea.
What I am realizing from talking to people is that the best way for P.A.T.H to operate is this:
* Record my workshops and put them on YouTube so they are free.
- That way people can watch them anytime
- They can watch them in chunks
- They can return to them and re-watch anything they need again later.
- This is truly the most accessible way to spread the information as much as possible.
- I will do an English version with closed captioning and an American Sign Language (ASL) version.
- Getting people together for a workshop at the same time and same date is going to be nothing short of a Christmas miracle.
AND SO,
Then if people want to ask me questions, chat about the content or need further clarification or more information on a specific part, THEN you can book individual timeslots with me.
Now this to me makes sense!
Thank you to all of you who filled out the survey or sent me an email.
When I am done school and have some time on my hands in between job hunting, I'll be figuring out video making. 🙂
Woohoo!!
#Education #HumanRights #Advocacy

Sometimes we just need to breathe. And that is en

Sometimes we just need to breathe.

And that is enough.

Sometimes we just need to focus on the next 5 minutes.

And that is enough.

How do we eat an elephant?

One bite at a time.

Sometimes we just need to breathe. 🥰 See less

Human rights decisions in education are not common

Human rights decisions in education are not common. When we have decisions they are worth everything. WHY?
They tell us how the tribunal will take education situations and how they apply the duty to accommodate. This is vital. When we know and understand the expectations from the tribunal, we can then take that information and align our advocacy to match those expectations.
This is when we will have human rights law to back up our advocacy.
The human rights code will supersede teacher classroom autonomy. https://www.speakingupbc.com/.../the-bc-human-rights.../
X by Y v. Board of Education of School District No. Z, 2024 BCHRT 72 is one case that was published in 2024 and is important because elements of this case can be common to all.
The tribunal found that "reasonable accommodation is not necessarily measured by whether a student is meeting or exceeding certain standardized learning goals but rather by whether barriers have been removed to provide meaningful access to education."
This is very important to understand because we learn through this decision that we need to focus on the barriers when we advocate.
Are teachers providing your child with a ramp?
If you are telling me that my child can't sit still and is struggling to focus on their work, what ramps are you providing them?
A movement break before, during, or after seat work?
A wiggle stool?
Stretchy bands on table legs for movement of feet?
A standing desk?
Fidget toys?
Frequent check-ins, more eye contact?
Headphones (music) to listen to when they work?
Are they paying attention to you, but your assumption is that they aren't because they are not still?
It is all about barriers and the removal of barriers.
https://www.speakingupbc.com/.../barriers-barriers-barriers/
#Advocacy #Disability #Education #Law #Inclusion

New Blog: Who Does Society Care About? This one is

New Blog: Who Does Society Care About?
This one is a little heavy with a load of links.
The disability focus for this blog is: ADHD & Dyslexia
https://www.speakingupbc.com/.../who-does-society-care.../
#Advocacy #Disability #ADHD #Dyslexia #HumanRights #DyslexiaBC #Education

We are heading into the time frame when districts

We are heading into the time frame when districts start posting their SOFIs. Statement of Financial Information.
This is the history of their spending and budget information from the previous school year. So posted soon will be the 2023-2024 (till June) school year. They should be posting these before the end of this year. December 31st, 2024.
Some of the most interesting things to look up, for me, are the expenses. I focus on their legal fees. There are about four different law firms in BC who I am aware of, who have been connected to education legal services. One way to know if its a law firm is that some of them will have LLP at the end of the name. You can take the name and plunk it into Google and see what company shows up. If anyone needs help in finding out what law firm is connected to their district, send me a PM. I'll help you look.
If their amounts were less than $25,000 then they don't need to post it. So they could very well be using legal services but it just hasn't reached the financial bar that they are required to post.
I have started tracking the amounts the districts have been spending in the lower mainland in the largest districts. I find it very interesting.
To find your district's SOFI it will be either under the Board of Education/Budget information. They should be listing all of their financial planning budgets and SOFI's in the same area.
You can also find out the salaries of the employees too. Anyone over $75,000 has their salary posted. Newspaper articles have been written in the past about how much senior district staff get paid. It's an interesting document to look through and see how our taxpayer dollars are spent.
#HumanRights #Education #Law #Advocacy

I went to a workshop on defamation that was lead b

I went to a workshop on defamation that was lead by a group of lawyers 2 years ago. It was very informative.
Defamation doesn't need to be on social media. It can be a statement you make to just one other person.
School district lawyers have in the past used the threat of defamation on parents when they are trying to control them.
Being knowledgable about this topic, I think is really important, so that you are aware of what your boundaries are.
I took notes from the workshop, which was free. Lawyers will do videos on topics for free. Especially the legal aid clinics.
Here are my notes.
https://www.speakingupbc.com/.../defamation-you-said-what/
#Education #Advocacy #HumanRights #Disability #Law

NEW BLOG: Name Them! You can decide to name your c

NEW BLOG: Name Them!
You can decide to name your child’s school district. If you are in an independent school, their name. There are reasons to consider identifying them.
School districts can hide behind anonymization and they will be less concerned about having your complaint proceed to a hearing.
Here are some thoughts to consider on whether to name them or not.
https://www.speakingupbc.com/2024/11/10/name-them/
#Advocacy #Disability #HumanRights #Law

Hello Everyone! I have been writing blogs since Ju

Hello Everyone!
I have been writing blogs since July 2021. As of Nov 2024 I have written over 100. Some are emotionally based and some are more legal. I have collected the legal blogs that have information that I think is important for parents advocacy in education.
Human Rights Law will supersede your child’s teacher’s classroom autonomy. Human Rights law is a very important and powerful tool.
I will be updating this page as I add more blogs and I have also linked the blogs that I have written about education human rights cases.
It also has links to information like the law society - how to file a complaint, instructions on how to look up case law, law videos, etc.
Here is the page. https://www.speakingupbc.com/legal-blogs/
#Advocacy #Education #HumanRights #Law #Disability

NEW BLOG: Why can't we just sue the government? I

NEW BLOG: Why can't we just sue the government?
I get asked this a lot. So, I decided to put this down into a blog.
https://www.speakingupbc.com/.../why-cant-we-just-sue.../
#HumanRights #Law #SocialMovement #Advocacy #DisabilityAwareness

Load More Follow on Instagram

P.A.T.H, Proudly powered by WordPress.