Systemic Imperfection

Our systems, organizations, politics, cities, committees, boards, non-profit organizations, and every other team effort is not perfect.

There are gaps and administrative unfairness in every single system. If you ever want to understand why our systems are the way they are, read policy books from Deborah Stone (Eg. Policy Paradox” The Art of Political Decision Making) and you’ll understand how strategic this is from a political point of view. The division of resources is certainly not by accident.

Then focus on the next layer: the individuals.

Humans also work on these teams and people make mistakes. We are not a perfect species by any measuring yardstick. We are flawed and we are constantly learning and growing. We have our own trauma, imperfect childhoods, different brain structures and chemical exchanges, different age development stages, different frameworks within how we see the world, and temporary feelings rising and falling in the mix of every single day. Throw in some egos, status, hierarchy, culture, gender expectations, and all social constructions into the constant movement of social interactions. It can be messy. Let’s say that. I am impressed we are able to communicate and work as well as we do.

If we wait for systems and people to be perfect before we enter them or interact with them, we will be dead before that ever happens.

Our external complaint systems are not perfect.

But, they are all we have.

If we stop engaging with them, filing complaints, we are screwed.

External complaint systems are the only source of outside eyes looking into the school system. They are the only hope at accountability and transparency. No one else has access. No other outside organizations can force them to hand over documents or force them testify. If the school districts didn’t know they existed and didn’t think parents would use them, it would be a free for all. They would be untouchable. I have seen what happens when school employees think they are untouchable. It’s bad.

There would be no OIPC for access to information. There would be no Ombudsperson connected to policy and fairness. There would be no regulatory body for teachers and teacher standards to use. We would have no way to enforce human rights and force schools to provide our kids support. No one to force them to have to justify their actions. No one else is watching. But parents are.

Is everyone’s complaint going to be successful? No. It’s not. There is common sense and then there is the limitations of law and process, with cut off dates and made up rules of trying to put a human experience into a box.

But this is how we push the line. This is how we create human rights law (BC HRT), school policy (through settlement agreements), consent resolutions (TRB complaints), orders (OIPC decisions), directions (Ombudsperson decisions and case summaries), that create tools for change. Parents can actually create these tools to pick at the system by their complaint filing and settlements.

Why on earth this immense responsibility for parents to be THE accountability system is BEYOND me.

So until the government system decides an alternative option to help us in this matter, we are on our own. (Some people think school trustees are this alternative option, but some parents feel that school trustees are just upholding the system and colluding with districts.) I don’t even know if school trustees see themselves as an accountability system to the public. Do they? I know some do… but as a whole?

Parents are powerful. The school system doesn’t want you to know this. They want you to be scared. Fearful of making decisions. Fearful of stepping out of line… and dare I say… being a trouble maker???

I don’t suggest to people that they kill a fly with a house and just start filing complaints over every issue. A lot of the time things can be resolved through internal advocacy going all the way up the chain. It’s more collaborative and can be quicker.

BUT.

If you feel like you are a hamster on a wheel and going absolutely no where. If you think they are not motivated to resolve the issues and are just using delay tactics.

Then something to keep in your back pocket….is the external complaint system.

As we navigate external complaint systems or contemplate entering them, a VERY important truth to understand is liability in education.

Every time we file a complaint, we create data. If government systems don’t hear from parents they think everything is hunky-dory. It also forces the schools to be transparent with these external complaint systems and be examined. If they feel like at any moment they are going to have to justify their decisions, they won’t feel like they can get away with stuff in the same way, right from the beginning.

Knowing that they may have to justify their decisions WITH EVIDENCE in front of the tribunal encourages them to want to limit their damage period.

Bellow are some of the decisions that parents have created through filing complaints. I have created a DECISIONS FOR ADVOCACY page under the Education Law tab. We can use these decisions in our advocacy if required. Click the button below.

Thank you parents/caregivers!! Inch by inch, we are making progress. Now we need to take these decisions and use them as our tools. For all of the areas that we still need decisions in, we still have work to do.

News Articles on Recent Human Rights Partial Win by Parent in Education

January 3rd, 2024

Global BC: An unnamed school district in British Columbia has been ordered by the province’s human rights tribunal to pay $5,000 to a student for failing to accommodate her anxiety disorder.

Vancouver Sun – B.C. school district fined $5,000 for failing to address student’s anxiety

CBC – B.C. school district fined for failing to address student’s anxiety

Global News – B.C. school district fined for failing to address student’s anxiety

National Post – School district must pay $5,000 to student with anxiety, B.C. rights tribunal rules

Chek News – B.C. school district fined for failing to address student’s anxiety

SaskToday – B.C. school district told to pay student $5,000 for failing to address her anxiety

BNN Breaking – British Columbia School District Ordered to Compensate Student with Anxiety Disorder

Cochrane Eagle – B.C. school district told to pay student $5,000 for failing to address her anxiety

Info News – BC high school student gets $5,000 after school ignored their anxiety

City News (Toronto) – B.C. school district told to pay student $5,000 for failing to address her anxiety

City News (Kitchener) – B.C. school district told to pay student $5,000 for failing to address her anxiety

City News (Halifax) – B.C. school district told to pay student $5,000 for failing to address her anxiety

Vancouver Is Awesome – B.C. school district told to pay student $5,000 for failing to address her anxiety

Toronto Star – B.C. school district told to pay student $5,000 for failing to address her anxiety

The Brandon Sun – B.C. school district told to pay student $5,000 for failing to address her anxiety

Ottawa Sun – B.C. school district told to pay student $5,000 for failing to address her anxiety

Edmonton Journal – School district must pay $5,000 to student with anxiety, B.C. rights tribunal rules

Rd News Now (Red Deer) – B.C. school district fined for failing to address student’s anxiety

Meadowlake Now – B.C. school district fined for failing to address student’s anxiety

The Free Press – B.C. school district fined for failing to address student’s anxiety

Castanet Kamloops – B.C. school district fined for failing to address student’s anxiety

The Chronicle Journal – B.C. school district told to pay student $5,000 for failing to address her anxiety

The Hamilton Spectator – B.C. school district told to pay student $5,000 for failing to address her anxiety

Toronto Sun – B.C. school district told to pay student $5,000 for failing to address her anxiety

Ground News – BC high school student gets $5,000 after school ignored their anxiety

The Province – B.C. school district fined $5,000 for failing to address student’s anxiety

Moose Jaw Today – B.C. school district told to pay student $5,000 for failing to address her anxiety

Nelson Star – B.C. school district fined for failing to address student’s anxiety

St. Albert Gazette – B.C. school district told to pay student $5,000 for failing to address her anxiety

Ottawa Citizen – School district must pay $5,000 to student with anxiety, B.C. rights tribunal rules

The Star Phoenix – School district must pay $5,000 to student with anxiety, B.C. rights tribunal rules

Lethbridge Hearld – B.C. school district told to pay student $5,000 for failing to address her anxiety

Rocky Mountain Outlook – B.C. school district told to pay student $5,000 for failing to address her anxiety

Prince George Citizen – B.C. school district told to pay student $5,000 for failing to address her anxiety

Penticton Hearld – B.C. school district told to pay student $5,000 for failing to address her anxiety

Pelham Today – B.C. school district told to pay student $5,000 for failing to address her anxiety

The Canadian Press – B.C. school district told to pay student $5,000 for failing to address her anxiety

Vernon Matters – B.C. school district fined for failing to address student’s anxiety

The Calgary Sun – B.C. school district told to pay student $5,000 for failing to address her anxiety

Comox Valley Record – B.C. school district fined for failing to address student’s anxiety

Times Colonist – B.C. school district told to pay student $5,000 for failing to address her anxiety

Halton Hills Today – B.C. school district told to pay student $5,000 for failing to address her anxiety

MSN – B.C. school district told to pay student $5,000 for failing to address her anxiety

Kamloops Now – B.C. school district told to pay student $5,000 for failing to address her anxiety

Powel River Peak – B.C. school district told to pay student $5,000 for failing to address her anxiety

Maple Ridge – B.C. school district fined for failing to address student’s anxiety

Langley Advance Times – B.C. school district fined for failing to address student’s anxiety

New Westminster Record – B.C. school district fined for failing to address student’s anxiety

Surrey Now Leader – B.C. school district fined for failing to address student’s anxiety

Richmond News – B.C. school district told to pay student $5,000 for failing to address her anxiety

North Shore News – B.C. school district told to pay student $5,000 for failing to address her anxiety

Delta Optimist – B.C. school district told to pay student $5,000 for failing to address her anxiety

The Chilliwack Progress – B.C. school district fined for failing to address student’s anxiety

The Burnaby Now – B.C. school district told to pay student $5,000 for failing to address her anxiety

Mission City Record – B.C. school district fined for failing to address student’s anxiety

Hope Standard – B.C. school district fined for failing to address student’s anxiety

The Squamish Chief – B.C. school district told to pay student $5,000 for failing to address her anxiety

Kelowna Daily Courier – B.C. school district told to pay student $5,000 for failing to address her anxiety

Victoria News – B.C. school district fined for failing to address student’s anxiety

Vernon Morning Star – B.C. school district fined for failing to address student’s anxiety

Town and Country Today – B.C. school district told to pay student $5,000 for failing to address her anxiety

Timmins Today -B.C. school district told to pay student $5,000 for failing to address her anxiety

Bradford Today – B.C. school district told to pay student $5,000 for failing to address her anxiety

*** This is not the full list, but I just can’t keep up.

Law Blogs

HR Law Canada – January 4th, 2024

New Teachers Regulation Branch Consent Resolution – Physical Contact

There is a new TRB consent resolution posted, and unless there is something that I think is relevant, I don’t blog about it.

BUT this one is VERY interesting

And here is why. Get a load of this!

From the decision

*******

14. In determining that a reprimand and coursework is an appropriate consequence, the Commissioner considered the following factors:

a. Schubert’s actions in physically blocking Student A escalated the situation.

b. Schubert made physical contact with Student A when it was unnecessary for safety.

***********

Hold the phone.

We are being told by the TRB that if any teacher uses physical contact that escalates a situation and it was unnecessary for safety, they could have a successful TRB complaint against them?

Good to know!

There are situations where adults are physically intervening when safety is not the issue, but as a way to control behaviour, and situations escalate because of it.

Here is your advocacy tool that supports this as wrong, against the Teacher’s Standards and subject to discipline.

Save this decision!

Save. This. Decision.

https://teacherregulation.gov.bc.ca/documents/FormsandPublications/ProfConduct/DisciplineOutcomes/SCHUBERT_CRA_20250911.pdf

For more information on the TRB process and other case examples of where teachers have been disciplined for not following the Teachers Standards when interacting with disabled students, read my TRB page.