Why a Diagnosis

Why a Diagnosis?

I worked as a school secretary and one day one of the teachers needed support from the principal for one of her students in the class. The principal was new and so she quickly went to the student files, plucked out the child’s file, flipped through it to make sure there wasn’t something she needed to know and then flew off to the class. I realized in that moment that I should have something written confirmed by my child’s professional of their diagnosis, and not just have this info in emails and verbal conversation. If anything happened at the school, a staff member would check the file and they would be aware. Wow, I have been SOOOOO thankful that I had that exposure and followed through in making sure that documents were in place for both of my children.

As you can see HERE on the BC Human Rights Clinic page they state:

“In a case called Matheson,[4] Ms. Matheson filed a human rights complaint alleging that she was subjected to abusive behaviour from a supervisor. She had a history of anxiety and panic attacks as well as depression. On two occasions during her employment, Ms. Matheson informed her employer that she was suffering from “stress.” However, she did not provide any medical information that said she had a mental disability.”

The Tribunal dismissed Ms. Matheson’s complaint, stating that “an essential element of a complaint of discrimination in employment on the basis of mental disability is proof that the complainant either had a mental disability… or was perceived to be mentally disabled by the employer.” Click HERE for her case.

Matheson’s case was dismissed because she did not inform her employer (school district) of her disability. If we do not have a written diagnosis in their student file with the school, as a parent if you file a human rights complaint, the respondents (school district’s legal representation) will cite the Matheson case and your human rights complaint will be dismissed.

We have got to get our kids formally officially diagnosed by proper professionals or your child has no legal human rights ground to stand on.

We need this diagnosis for the following reasons:

Legal human rights processes
Application for disability tax benefits (if applicable)
Navigating the health system for proper medical care
Advocacy in the education system for proper accommodations
Social and emotional reasons – so parents are not blamed for having poor parenting skills and they are able to find other parents who have children with the same disabilities and get support.
For the child – so they understand why they are having specific challenges and they don’t blame themselves for the wrong reasons. For acceptance and self-esteem reasons.

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Here is the wisdom, lived experience, and reflections from parents of children in the education system across BC. Thank you to all who were willing to share.

It’s a diagnosis not a label. I find once my kids knew why things were hard they stopped labelling themselves “stupid, lazy, dumb.”

Anonymous

I think a diagnosis helps us to know ourselves….better. it’s been a breath of fresh air to me personally and has helped me forgive myself a bit easier. It’s also helped me identify things that work and don’t work.

On a wider societal scale: .for ADHD, there’s so much stigma, misinformation, out there it’s hard to feel comfortable disclosing..

I ask myself why would I hide my identity/diagnosis? Why do I feel so scared of sharing?

Obvs cuz we are likely to be met with incredulity of “you aren’t that disabled” or they treat you as less than, and that is hard because-as XXXXX said they have power over us.

What they do with that information is the concern….the biases that come into play when they have that information in hand.

But I also know that being loud and proud and dispelling the myths of the neurodivergence I personally have, perhaps can help open the doors for folks around me.

However, I don’t speak from an intersectional voice (I mean not just “being female”). And as such I hope to be an ally to those who do and amplify their voices.

Because there’s even more work to be done there.

My hope is one day everyone can be loud and proud about themselves.

Chantelle Movay

And yet WHY should we have to make our private medical information public/known to people who have power over us in order to get support and accommodation? The idea that we have to out ourselves to be able to make a claim is problematic.

Anonymous

Our son was diagnosed in 2018 and since then we have seen a world of difference. Because of his formal diagnosis, we were able to get him the support he needed at daycare (1:1) and now in school. He lacked social skills and would only parallel play with his peers but because of his Supports & EAs he has flourished and now plays really well with his peers. The diagnosis has also given him access to speech therapy within the school, an IEP and other tools/resources to help him succeed.

Elena Lawson

Human Rights expects this in order for you to be entitled to accommodations. I know that is why it is critical and needed. As for my own child, in general professionals have never been able to give accurate recommendations. People can see “autism” and think they know what my son needs. But then surprise PDA, you actually don’t know shit.

Anonymous

I am relieved that you bright this to light. Accommodations and supports/ language/ professional and so on will never be enough. For our family it has been lifesaving – literally. We have found the most inspiring family’s that we could ever ask for. I am grateful for that.

Anonymous

Having an early diagnosis for our older child led to assessments and diagnoses for all of us. That has led into participating in groups with others who started traveling the road before us and getting recommendations which, we wouldn’t have heard otherwise. I can’t imagine what family life would be like for us now without that first diagnosis and learning about other options to parenting from mainstream expectations. It’s hard enough as it is, but that would have been awful. In fact, I’m not sure our marriage would have survived. I’m not sure how my partner would have survived mental health crises. Having diagnoses has led to support options through their online school which would not have been available otherwise and which we wouldn’t have been able to provide out of our own limited finances.

Anonymous

We had our youngest diagnosed in grade one despite all the comments of “don’t give her a label” from relatives, friends and school admin. It was by far the best thing we ever did to put us on a path of understanding and acceptance. It has led to success in academics and my daughter has become a strong advocate for her needs. There are still some road blocks because of the severity of her Learning Disability but she is well equipped to find solutions to her issues.

Cathy McMillian

Without documentation of dx, we run the risk of trying to reinvent the wheel every year. Let’s channel the energy and hopefully the enthusiasm to what works. As well, if everyone could get accommodations by saying junior needs extra time or a scribe or oral exams …. We have to have a measurement or standard

Shannon Saunders

Socio-economic privilege provides access to diagnosis. Families in lower classes, disproportionately single parent households, are not provided with this same access. There are additional attitudinal barriers and medical bias that plays into even accessing the inequitable public system, along with personal barriers that are not supported (eg. difficulty navigating fragmented systems). BIPOC children are more likely to be written of as a behavior or family problem, without access to robust multidisciplinary assessment. Assessment and diagnosis are important for many many reasons. But using it as a gate to equity and support puts our most vulnerable families at risk.

Anonymous

A diagnosis made it easier for my child to qualify for accommodations in university. Without those accommodations he would struggle to succeed.

Anonymous

We missed out on so much due to lack of knowledge of dx and teen attempting suicide and spending 3 weeks in hospital as a result. I’m soooooo very mad at family doctor, psychiatrist, walk-in-clinics, counselors, school, and MCFD. Since dix, I have learned so much more

Anonymous

I value this as a way to deflect personal views..refer to medical i always said..but had teachers say we are the professionals..sigh..and another district learning support principal say we dont need reports to know what your child needs..had psychologists come to school to vocalize need..no go on supports..went online..but if we wanted to fight. Yes. Diagnosis would help. Thanks for your efforts..i feel our situation was uniquely bizarre..but sought to leave ir rather than put our girl as psychologist recommended.take her off the battleground..

-Anonymous

The arguing over why certain things were happening and why our child’s behaviour was being blamed on a personality flaw at school was putting our marriage under incredible strain. It was eating away at our son’s self esteem and identity. Once we got a diagnosis everything changed. Not only was he diagnosed but it led to my husband being diagnosed. We all understood and could learn and advocate. The blame and guilt game ended. Proper diagnosis is so essential for life.

Anonymous

long story short having documentation changes much of nothing when it comes to public school system. At the end of report from psychologist was around 10 recommendations, a big one was my kid needing 1:1 ea, bell to bell, never happened. Another was he should attend full days of K, never happened. That during school work he should have someone to scribe and or read for him, that happened when convenient for staff. Basically none of the recommendations were used. I had a OT spend an entire day at school, he had lots of good ideas and he too had recommendations, school didn’t follow any of them. His IEP, really was a piece of paper that brought in funding to the district. When my kid was in gr 5 he was at a gr 2 level academically, they tried telling me he was grade level. They say what you want to hear, when your gone, well sadly kids are not treated very well.

They destroyed his self esteem. Two mths in gr 5 I pulled him out of public school, he is about to graduate in a couple weeks and with his Dogwood diploma and he is a A/B student. All of his success no thanks to public school.

Anonymous

December 16, 2025December 16, 2025

Human Rights Decision by Self-Representing Parent – They Can’t Give Up

I first have to start by saying, that I have SO much respect for a parent who is willing to bring their case to a completed hearing AND waited for their decision.

This is now the second parent I am aware of who is self-represented and their case decisions are only within a few months of each other.

If you are interested in the other case posted in December 2023
Student (by Parent) v. School District, 2023 BCHRT 237

Reading through this case, it is extremely evident that this mother is a resilient person and a persistent advocate for her child, which takes so much bravery and strength. So much respect mama, so much. Thank you for taking your case to a hearing. We will all learn from your case and it will help other parents navigate their advocacy journeys on behalf of their children.

This case was dismissed, and discrimination was not found to meet the legal test. The school district was able to justify its actions on a balance of probabilities.

Through my lens, here are some important analyses of the case. However, I encourage everyone to read the case in full to truly understand the context of the case.

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

Disability: ADHD and Dyslexia

[6] The burden is on Y to establish that X experienced adverse impacts in his education that are connected to his disabilities under s. 8 of the Code: Moore v. BC (Education), 2012 SCC 61 at para. 33. Once that is established, the burden shifts to the District to establish a justification defence. In this case, it is not disputed that X experienced disability-related adverse impacts. Therefore, the issues before me are whether the District has established that it reasonably accommodated X:

a. during grade 2, in relation to the adequacy of learning support?

b. during grade 3, in relation to the adequacy of learning support and in removing him from the classroom after the a behavioural incident?

c. during grade 4, in relation to the adequacy of learning support, consistency in Education Assistant support, and the implementation of the rewards program or “token economy”?

[108] It is also not disputed that X has disability-related challenges with self-regulation and academic learning. He often missed class, was consistently academically behind grade level, and experienced challenges interacting with teachers and peers. He was excluded from the classroom in grade 3 for a few days, and experienced distress over the possible addition or substitution of a new EA in grade 4.

[109] The crux of the complaint arises from the steps taken by the District in respect of these challenges, and whether it can justify its conduct in that regard.

[110] ….I accept that these incidents which X relayed to Y were upsetting to X. I appreciate that the interactions may have fed into X’s general feelings of unease at school, but the fact alone that these events may have happened is not enough, in itself, to establish that X’s disability factored into them. Not all negative experiences are discrimination. Even accepting that these incidents occurred, I did not hear evidence that could establish, on a balance of probabilities, that X’s disability was a factor in the conduct of the adults involved in these interactions.

[111] With it not disputed that X encountered disability-related barriers to his education, the burden shifts to the District to justify its actions. To justify the disability-related adverse impacts that X experienced, the District must prove that (1) they adopted the standard for a purpose rationally connected to the function being performed; (2) they adopted the standard in an honest and good faith belief that it was necessary to the fulfillment of that legitimate purpose; and (3) the standard was reasonably necessary in that it took all reasonable and practical steps to accommodate the Student: British Columbia (Superintendent of Motor Vehicles) v. British Columbia (Council of Human Rights), [1999] 3 SCR 868 [Grismer] at para. 20.

[112] Accommodation requires a reasonable, not a perfect solution: Central Okanagan School District No. 23 v. Renaud, [1992] 2 SCR 970 [Renaud]. While there may have been other approaches available to the District, this does not necessarily render the one taken unreasonable. What is reasonable and what constitutes undue hardship is fact specific and will turn on the specific circumstances of a particular case: Renaud.

[118] It was when X stopped taking medication for his ADHD around midway through the grade 2 year that he regressed in his behavioural challenges. On seeing that X was struggling with the small group setting for learning supports, the District pivoted to provide him with one on-one support. In other words, it continued to monitor and adapt based on X’s needs.

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

[141] I acknowledge that X continued to struggle with not finding school a happy place to be and that a consequence of this has been persistent challenges for Y in getting X to attend. I acknowledge that X continues to not read at grade level. However, the District has not withdrawn, but rather has expanded, diversified, layered and adapted the accommodations it has had in place for X. In some aspects, these have “worked”, as they have allowed X to progress toward learning and behavioural goals, as Y herself acknowledged in her evidence. In others they have not, as X remains reluctant on some days to attend school at all. Y acknowledged at several points in her evidence that the District “threw everything at” the situation, giving layers of accommodations and adapting them to X’s needs.

[142] Y has said that the learning support provided throughout X’s education has not been enough for X to “reach the same level as his peers or possibly excel”. The District’s obligation is reasonable not perfect accommodation. As I have said above, 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.

[159] The District cannot control all social interactions between students and is not obligated to provide perfect accommodation. It is obligated to take all reasonable and practical steps to remove the disability-related barriers to X’s meaningful access to education. Insofar as X may have experienced some social friction with peers related to the token economy, I am satisfied on a balance of probabilities, that the token economy was part of a broader package of accommodation that was reasonable, and that the District took reasonable steps to address the social challenges X was experiencing.

[160] I acknowledge the ongoing challenges X is facing and appreciate that the steps taken by the District have not resolved them to the extent Y would hope. However, for the reasons set out above, I have found that the District has not breached the Code in its efforts to support X in accessing education.

[161] For the above reasons, the complaint is dismissed under s. 37(1) of the Code.

December 16, 2025December 16, 2025

ADHD, Dyslexia, Dysgraphia – Human Rights Education Case

This is a new case that was posted on the BC Human Rights Tribunal Website March 26th, 2024. This is a timeliness application.

I have read through this case and I feel MANY families can relate to the details of this case or various aspects of this case.

It really deserves a full read, however I have pulled some paragraphs to summarize and give an overview. The analysis of this case by the tribunal member and their determination of whether disability was connected to the harm alleged is really important learning for us parents. It also describes how the tribunal interprets alleged inappropriate accommodations as potential discrimination.

I am also going to be emailing this case to the Ministry of Education and asking them to explain why they are not screening children in Kindergarten. Dyslexia BC has been advocating for this for years!

The Parent obo the Child v. School District, 2024 BCHRT 91

[8] The Child attended an elementary school in the School District from September 2015 until December 2020. He has dyslexia, dysgraphia, and attention deficit hyperactivity disorder [ADHD].

[9] By the third week of kindergarten in 2015, the Parent alleges that the Child began complaining of constant nausea and experienced diarrhea and vomiting regularly. She states he told her that he was scared to go to school as the work was too hard and he could not do it. The Parent alleges that the Child’s physical ailments were only present on school days and he began resisting going to school, to the extent that he cried all evening before going to school and lay on the floor crying two to three hours before school. The Parent alleges this same pattern persisted throughout the entire time the Child attended the school.

[14] Around August 2018, before the Child started grade three, the Parent alleges that she asked his teacher if he may be dyslexic. The Parent says that the teacher assured her that her son’s situation was normal, and he just needed to keep practicing. The Parent says that she thought that by raising the possibility dyslexia to the teacher it would prompt the teacher to investigate the issue more thoroughly. The Parent says that she ultimately decided to trust the teacher’s opinion, which resulted in the Child not being appropriately accommodated for his disabilities.

[15] In September 2018, the School District conducted a functional behavioral assessment of the Child. Based on the assessment, in November 2018 the School District placed him in a literacy intervention group. The Parent alleges the placement was an inappropriate response to the Child’s disabilities.

[17] In December 2018, the School District created its first Individual Educational Plan [IEP] for the Child. The plan focused on addressing the goals of the Child attending school and managing his anxiety in a positive way at school. It also addressed various ways to increase his reading and writing to advance him from operating at a grade one level. The Parent alleges the IEP did not appropriately address the Child’s disabilities.

[18] In June 2019, the Parent alleges the Child’s IEP was updated with minimal change. She says that worksheets provided by the school over the summer were too hard for the Child to complete. Once again, the Parent alleges the School District’s attempts to accommodate the Child’s disabilities were inappropriate.

[25] In mid 2020, at the end of grade four, the Parent says that she realized the extent of the Child’s reading struggles as he could not read instructions or complete any online school without her providing him with extensive one-to-one support. She alleges his reading skills were much lower than the School District had previously indicated. At that point the Parent says she began doing in-depth research on dyslexia and other disabilities pertaining to reading. She then decided to pay for him to attend tutoring with literacy specialists outside of school.

[31] ……...The Parent stated that she felt incredibly rushed during a less than one hour meeting about the plan for the Child related to the new information and the complexity of the situation. She worried about several educators being involved who did not have training for children with the Child’s learning disabilities and processing challenges.…..

[34] Finally, the Parent noted her concern that as of grade three the School District had already started to consider the Child as not being a candidate for graduation with a high school diploma.

[37] In January 2021, the Parent says that the Child was enrolled in a private school equipped to meet his education needs. She says that at the new school, the Child received 45 minutes of OG tutoring at the new school every day with positive effects. By the time her complaint was filed in November 2021, she described him as a “different child” who did not complain about going to school and did not get headaches and have an upset stomach or diarrhea. The Parent says the Child was learning at grade level and was now being given the opportunity to be successful.

[49] After reviewing the information on file, I have further determined that there is a succession of separate acts of discrimination of the same character that are separate contraventions of the Code extending back to the spring of 2016. I address each allegation in turn.

[50] The Complaint alleges that on April 4, 2016, the Parent emailed the Child’s kindergarten teacher with his reports that he felt rushed when doing work at school, and despite his best efforts he felt he was too slow in completing tasks. The Parent asked the teacher if there was anything that could be done about this problem. The teacher responded with an acknowledgement that the Child did take his time with his work and appears to suggest that the Parent should reassure the Child that he could take time and not be so hard on himself. From my review of this event, I am satisfied that the Complaint sets out an allegation of discrimination where the Child accessing educational services experienced harms because the School District failed to accommodate the Child and did not meet his educational needs by only telling the Parent to tell the Child not to not rush or be too hard on himself. The harm incurred 12 by taking this action only was the Child not receiving a proper education. I am further satisfied the Complaint sets out an allegation that the School District failed to make sufficient inquiries into the nature and extent of the Child’s disability-related needs in response to the Parent’s concerns. In my view, this inaction caused harm where the School District failed to discover Child’s learning disabilities such that he could then be provided with appropriate accommodations to prevent him falling behind. In my view, the Complaint alleges that the Child’s disability was a factor in the harms alleged.

[51] The Complaint alleges that in November 2016, the School District’s response to the Child’s reading difficulties was to send home alphabet cards and provide video links for him to work on sounding out letters and creating simple words. From my review of this event, I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs in this manner. I am further satisfied the Complaint sets out an allegation that the School District failed to make sufficient inquiries into the nature and extent of the Child’s disability-related needs as opposed to sending home alphabet cards and video links to address his needs. In my view, the Complaint alleges that the Child’s disability was a factor in the harms alleged. In my view, the Complaint alleges that the Child’s disability was a factor in the harms alleged.

[52] The Complaint alleges that in the fall of 2017, the School District addressed the Child’s ongoing reading problems by giving him sight cards to take home and providing him with some one-on-one reading support. At this time, the Parent noted her concerns that the Child was merely memorizing the cards and not actually able to spell the words. She also observed that he was guessing words based on pictures. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs in this manner. I am further satisfied the Complaint sets out an allegation that the School District failed to make sufficient inquiries into the nature and extent of the Child’s disability-related needs as opposed to sending home sight cards and providing some one-on-one reading support. In my view, the Complaint alleges that the Child’s disability was a factor in the harms alleged. 13

[53] The Complaint alleges that in August 2018, the School District’s response to the Parent’s concern that the Child might be dyslexic as he continued to struggle in school was to assure her that he just needed to keep practicing. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs in this manner in response to Parent’s concerns. I am further satisfied the Complaint sets out an allegation that the School District failed to make sufficient inquiries into the nature and extent of the Child’s disability-related needs as opposed to staying the course with Child despite ongoing problems and the Parent highlighting the possibility that he could be dyslexic. Once again, I find the Child’s disability was a factor in the harms alleged.

[54] The Complaint alleges that In the fall of 2018, the School District’s response to the Child’s ongoing learning struggles was to conduct a functional behavioural assessment and place him in a literacy intervention group. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs by focusing on the behavioural components and not his disabilities. I am further satisfied the Complaint sets out an allegation that the School District failed to make the appropriate inquiry, conducting a psychoeducational assessment instead of a behavioural assessment, into the nature and extent of the Child’s disability-related needs. Again, failing to accommodate the child after a proper assessment is alleged to have harmed him by not providing a proper education. I find the Child’s disability was a factor in the harms alleged.

[55] The Complaint alleges that in December 2018, the School District created its first IEP for the Child. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs with an IEP that focused on the behavioural components and provided ineffectual learning supports not indicated in the later psychoeducational assessment. Again, the School District is alleged to have failed to make the appropriate inquiry into the nature and extent of the Child’s disabilityrelated needs. It allegedly failed to accommodate the child after a proper assessment resulting in the harms related to not receiving a proper education. I find the Child’s disability was a factor in these harms. 14

[56] The Complaint alleges that in June 2019, the School District updated the IEP with minimal changes and sent worksheets home with the Child to do over the summer break that were allegedly beyond his capabilities. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs with a revised IEP that has the same issues as the first IEP. A further allegation is set out concerning sending home inappropriate worksheets over the summer. Once again, the School District is alleged to have failed to make the appropriate inquiry into the nature and extent of the Child’s disability-related needs. It allegedly harmed the Child by not providing him with a proper education. I find the Child’s disability was a factor in the harms alleged.

[57] The Complaint alleges that in September 2019, the Child’s grade four teacher admitted she was unaware of him having an IEP and provided him with grade two spelling lists work as an accommodation of his disability. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs by sending home grade two spelling lists for him to work on. Once again, the School District is alleged to have failed to make the appropriate inquiry into the nature and extent of the Child’s disability-related needs. It allegedly harmed the Child by not providing a proper education. I find the Child’s disability was a factor in the harms alleged.

[58] The Complaint alleges in February 2020, the School District’s lack of response to the Parent’s concern that the Child was reversing letters on his written tests is an allegation of discrimination. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs in the face of dyslexia symptoms. Once again, the School District is alleged to have failed to make the appropriate inquiry into the nature and extent of the Child’s disability-related needs. It allegedly harmed the Child by not providing a proper education. I find the Child’s disability was a factor in the harms alleged.

[59] The Complaint alleges on November 4, 2020, that the revised IEP implementing the October 27, 2020, psychoeducational report findings is an allegation of discrimination where it relied on the Parent to organize and pay for the Child’s OG tutoring and inappropriately 15 continued to focus on treating his anxiety. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by addressing his learning disability needs with a revised IEP not properly guided by the psychoeducational assessment resulting in the Child not receiving a proper education. I find the Child’s disability was a factor in the harms alleged.

[60] The Complaint alleges on November 5, 2020, that the school principal was unwilling to guarantee that the Child would receive tutoring from someone trained in OG tutoring is an allegation of discrimination for the purposes of this decision. I am satisfied that the Complaint sets out allegations of discrimination where the School District failed to accommodate the Child by committing to provide him with an appropriately trained tutor necessary to meet his learning disability needs. This resulted in the Child not receiving a proper education. I find the Child’s disability was a factor in the harms alleged.

[61] To summarize, the materials before me set out a series of discrete allegations of discrimination incidents involving the School District’s repeated failures to appropriately accommodate the Child’s disability over the five years that he attended school within the School District. These incidents involved the trial of various inappropriate intervention activities, inappropriate IEPs and an inappropriate assessment. All these actions attempting to address the Child’s learning disabilities allegedly resulted in harms related to the Child not receiving a proper education. Further, for much of the period in question, the School District failed to make the appropriate inquiry into the nature and extent of the Child’s disability related needs by way of a psychoeducational assessment.

[65] In concluding there were no significant gaps in this case, I have considered the Parent’s submissions and evidence indicating she was actively engaged in the Child’s education during his time out of school over the years. For example, she participated extensively in the take home activities prescribed by the School District while actively pursuing guidance from his teachers, the school counsellor, and the principal. In my view, the Parent remained very much engaged in the accommodation process throughout the years and this lessens the significance of any gaps between the discrete instances of discrimination outlined above. As an active participant in the School District’s ongoing accommodation of the Child’s learning disabilities, I see less significance in the gaps of months between the discrete allegations. While it is possible 17 to say the Parent had numerous opportunities to file a complaint, the information before me indicates that she was actively engaged as a participant in the accommodation process between events where the issue of accommodation arose, which lessens the significance of the gaps in this case.

[67] For these reasons, the complaint is accepted for filing as it alleges a continuing contravention of the Code.