Tag: #Law

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Accountability in Education – Government Action Needed

Accountability is extremely important in education. People who are the decision makers in children’s education have a lot of power. Their decisions have a direct impact on children’s development, learning, and mental health. Make the wrong decision, and it could send a child on the trajectory of self-harm, suicide, lifelong struggles with unemployment, mental health issues and bouncing around in the prison system. Parents aren’t fighting for preferential treatment; we are fighting for our kids’ chance at a life.

Here was the scariest thought that I had in my head. I couldn’t let go of what happened to my child without the district admitting their staff made huge mistakes. Because it they weren’t even aware or had the will to acknowledge the harm they caused, they would just repeat it. If you are doing everything to shorten our conversations, delay communicating with me, we aren’t getting off on the right foot.

The idea of them just getting to push this under a rug and carry on in their lives as if this never happened was sickening.

Without accountability, they think they are untouchable. They don’t need to answer to anyone. They can just make whatever decisions they want.

That is terrifying to me.

Especially when we are talking about children who have no control over their own lives and kids who just want to have their parents to love them and be liked by others. Just wanting to be included. Kids don’t have control over anything when they are in school. You don’t fall in line, the feedback is fierce. Charts on walls with your name on it – public shaming is their specialty. Time outside revoked. Sorry, no fresh air for you today. Even adults who are incarcerated should get “yard time” on a daily basis.

Accountability in education is extremely important. External complaints are the outside eyes that they need to know, are there. Outside the perimeter. Can be called on at a moment’s notice. Parents get a whiff of denial, minimizing, or gaslighting. We need backup.

Everyone wants accountability because the fear is that the untouchable school admin will keep doing this to other people. More kids will be harmed.

Can you imagine if the Human Rights Code were actually removed?

That could have happened.

It would be a free-for-all. Why? The Human Rights Code doesn’t have value without a way for us to enforce it. THAT is the BC Human Rights Tribunal. The process that we navigate has as much value as the Code itself. If the process is sick or unwell, so is The Code.

Think about that.

Is the BC Human Rights Tribunal process healthy? Or is it sick? And what does that mean for the Power of the Human Rights Code? How long are the delays for a complaint to be accepted? Access delayed is access denied.

Right now, it’s 18 months to 2 years.

For all of the politicians who believe in the importance of the Human Rights Code, you need to put the same importance of that into the BC Human Rights Tribunal, which is incredibly understaffed and overwhelmed with complaints.

We need the government to not just use its words, but show us with action, that they truly believe in the importance of the Human Rights Code.

The Human Rights Code and BC Human Rights Tribunal are intertwined.

If you care about the Human Rights Code, then you must also care about the process of accessing those rights through the BC Human Rights Tribunal.

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“We Deny Each and Every Allegation”

When you file a human rights complaint, and if it gets accepted, you will receive an email notifying you that your complaint is proceeding.

The school will get the email as well. This is the first time they will be contacted by the BC Human Rights Tribunal. They will have an opportunity to submit a “response” a few weeks later.

It will be multiple pages long, and they will be defending themselves. Listing all the reasons that your complaint is not true, or if it is true, their decision-making is justified.

Just a heads up. It is very difficult to read.

If you need to move heavy furniture, read this right before you have to do so, and you’ll be done in a jiffy.

Some of it will be downright ridiculous to you.

At some point early on in the response, you will see the sentence “We deny each and every allegation”.

I read that sentence, and I swear, something snapped and changed in me forever.

I didn’t know this at the time, but this gets sent to every single parent.

I have seen a lot of documents from parents across this country, and this type of sentence is in every single one. Even when they know they are guilty, it doesn’t matter. I would be shocked if this sentence didn’t show up in your response.

Now. I have some thoughts on this.

I am not sure how this sentence started or who thought this would be a good idea to send to people a long time ago, but sending this to an already irate parent is not the most intelligent thing to do. In fact, you are shooting yourself in the foot as far as I am concerned.

I can tell you that after my eyeballs reached the end of this sentence, I had decided that I was taking my case to a hearing. And, I stuck to it. If I ever needed to refill my gas tank, I just re-read this one line. I was refuelled and back in action.

What I read from that sentence was this:

“Dear Kim. You have been cordially invited to attend a hearing. We do hope you will attend. We look forward to the duel.”

And my response was

“Sounds splashing. I shall be there!”

If you want to pick a fight with a mama bear, please do send this to them. I wish you good luck. The blessings will rain down upon you.

For the parents reading this shit, just know, they have to write something. They certainly are not going to send a response that says…. “ummm yup, guilty, we actually did everything they said. We thought we would get away with it…. but gosh… I guess not. Guilty!”

They will take slices of “truth” and state them as they are the most relevant important facts known to humankind. Just because they are writing stuff down doesn’t mean it is true, doesn’t mean they have evidence to back up what they are saying and doesn’t mean their arguments are strong. They could be very legally weak. For example, “XXXXX passed the class.” Meanwhile, we all know it’s because you hired a tutor. You get the idea. Or “XXXXX never asked for ________.” Meanwhile, we know that they never asked for anything because they were terrified.

But that’s what they get paid the big bucks for. (Insert eye roll)

We run on anger.

Thanks for pissing me off. xoxo. That was an excellent strategy. Cheers!

I now read that sentence and crack up. I need it on a t-shirt. It’s incredible how different I feel about these things as I look back in time, years later. Lots of things are shifting as time moves along.

So, if it propels you forward, then awesome. Read it hundreds of times.

If it’s anxiety-producing, every single person gets it. It’s not personal. It’s just one of their standard, boring, meaningless sentences. Them denying things…. heavens to Betsy. Shocking. They just plunk it in.

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How to Gather Evidence for the BC Human Rights Tribunal

Here are some options to consider. Gathering evidence is VERY important. It will make the school district and their lawyers very uncomfortable. They will not like it, and it could help you get that settlement you are looking for. It communicates to the lawyers that you are preparing for a hearing. They will also be concerned that if you have more evidence, you will feel more confident in your case and may ask for a higher settlement amount. So gathering evidence is EXCELLENT behaviour communication. Because remember, they don’t believe your words, but they do believe your behaviour.

You also want to be collecting evidence when things are going well. You never know what could happen in the future.

Step One – Create your own evidence

  1. Before you even file a Freedom of Information (FOI) request, you are going to be gathering your evidence while you advocate. Emails are KEY.
  2. Examples of this are:
    • After any oral communication (phone call/school meeting/face-to-face conversation) is done, send a follow up email with the meeting notes, summary of the conversation, and key action items or decisions that came from the meeting/conversation. Ask them to reply if you misunderstood anything, or if anything is incorrect.
    • Send emails that document your process. Who you spoke to, who you have emailed, about your advocacy. Documenting a timeline of your process is key.
  3. For some people, situations are so desperate that they are recording school meetings. I have never done this myself but for some people they have gathered the most incredible evidence. In Canada we have one person consent privacy laws. Please do your own research on this. **** IF you are an employee. PLEASE PLEASE consult with an employment lawyer before you do this. Recording your colleagues is VERY different and the case law on this bounces around a lot. You could lose your job over this. So, please consult with a lawyer.
  4. Gather evidence at home. Take pictures of bruises, homework pages, etc. I know this part will feel like an intrusion in your child’s privacy, but you may want to set up your camera to video their meltdowns at home, or them in a conversation with you about school refusal.
    .

Step Two – File a FOI

  1. File a Freedom of Information (FOI) request
  2. Here are the instructions. **** You are going to want to name every single person you have had a conversation with and list their supervisors above them. Also include the superintendent.
    .

With the FOI request, you will most likely never get all the evidence that exists. The school district is certainly not going to just hand you over all the evidence you will need to win your case. They are always wanting to reduce their liability.

But what you may get are some stepping stones that could be very helpful later.

Also check to make sure you think you have everything. If you feel like documents are missing or you want them to remove their redactions, you can file an OIPC complaint.

There was one case where during an OIPC process, the Ministry of Education accidently sent the people everything that they were hiding from them. Order 2833

[4] During the inquiry, the Ministry mistakenly gave the applicant access to a largely unredacted copy of the records (unredacted records) that was intended to be provided only to the OIPC. In doing so, the Ministry mistakenly disclosed to the applicant all the information in dispute under ss. 3(1)(b) and 13(1) and most of the information in dispute under s. 22(1).

Also, the school district I made a request through, accidently sent me emails to their lawyers. I had no idea the lawyers were involved so early on. That was an interesting piece of information. So, hey, why not give it a try, submit an FOI, you never know what you will get.
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Step Three. – Filing applications for documents through the BC Human Rights Tribunal (BC HRT) process

PART A – Getting TRB documents

  1. When you file a human rights complaint, you may want to consider if you want to file Teacher Regulation Branch (TRB) complaints as well.
  2. This is completely depending on your situation, but you may want to consider not just filing on one person but on multiple people. If you include a principal and file a complaint, it is standard for them to meet with the teacher in trouble with a union rep and there will be meeting minutes. They may submit these to show the TRB they are doing their job and put blame on the teacher. ** But remember, every person you file on you will need to link their behaviour to not being in line with the teachers standards. You can file on teachers, principals and district staff. Anyone who is a certificate holder.
  3. The school staff think that their documents and communication with the TRB are completely confidential. And they are to a point. If you submit an FOI request after the complaint process is finished, you wont get any of the teacher documents. (Hold this point for later)
  4. A strategy that they will do if there are multiple filings, on the group is that they will blame each other and provide evidence on the other people in order to get the heat off of them.
  5. Then, during the human rights complaint process if the mediation settlement meeting fails and you move onto the document disclosure stage, this is where the action happens.
  6. You can file an application for documents. During the document disclosure phase the respondents (school districts lawyers) will give you a bunch of documents. I can tell you right now, it will be crap. They will be selecting documents meant to send you a message. It will be long. Mostly your communications. They will pick out the ones you are going to not like the most. But here, yet again, they aren’t just going to lay out all of the evidence for you. You are going to need to fight for it. And that fight for it, will be via an application process. Form 7.1 – Order a party to give you documents.
  7. You can follow this process and apply for documents from your TRB complaints. For me, this process gave me the most incredible evidence. Like, shockingly so.
  8. You can explain to the tribunal why these documents are relevant to your case, or how you need these documents to question their credibility at the hearing. Be very thoughtful when you write your application.
  9. ****** No matter what, if you request documents and they tell you they don’t have them, DON’T BELIEVE THEM. File an application anyways. This happened to me, I didn’t believe them. Filed an application, and within weeks I got exactly what I knew they had. This was even after an unsuccessful OIPC complaint. The BC HRT has stronger teeth than the OIPC.
  10. Filing applications not only gets you evidence, it makes you expensive. This encourages them even more to settle. Something to keep in mind in a settlement meeting, you may want to let them know all of the applications you plan on filing for the document disclosure part of the process. Which, you can file applications continually up to the hearing. Make this process very expensive for them. The School Protection Program is not going to want to pay for all of these lawyer fees.
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PART B – Become a detective

  1. The second step after you get your FOI is go through everything with a fine tooth comb and look at the names on the email addresses. Who is there, but also who is missing. Think if that information is relevant.
  2. Count the pages, are there pages missing. Did they remove anything. (I had missing pages)
  3. Read the emails. Did they mention a meeting or any other documents being created? If so, you are now going to include that in your application for more documents. Follow the trail until you hit a dead end. You are going to want those meeting minutes and a copy of any documents that were created from those meetings.
    .

PART C – What to just automatically request

  1. Request minutes for meetings. If teachers are in trouble, they will be meeting with the principal and a union rep. Request those meeting minutes. There is potential golden evidence in there.
  2. Emails – include teachers, LSS teachers, always a principal, and whoever you last met with – whatever level they are at, request emails that include the name of their supervisor.
  3. Always include the superintendent. ** We want to know if they were involved and aware. They could be a potential witness at your hearing. School district is going to jump when they see their name on the witness list.
    .

Step Four – Another round

  1. Whenever you get documents from your applications, go through everything with a fine tooth comb again. Are there more breadcrumbs that talk about other meetings, involve other people, refer to other documents?
  2. Request that they remove ALL the redactions. This can be done informally, just through an email to the lawyers, and if they don’t – file another application.

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You are going to need to put your detective hat on and become Nancy Drew. They will most likely be hiding evidence from you, and the tribunal will only be basing their decision on the evidence they have in front of them, not your opinion or thoughts. When people don’t have evidence the tribunal will say something along the lines of your case being dismissed because you haven’t brought your allegations out of the realm of conjecture. Gathering your evidence will be KEY. Be patient. Be methodical. Start the hunt.

Also, remember to document when things are going well.

As this parent reports,

“Districts often argue that they did the best they could with the information they had at the time. Keeping thorough documentation when things are going well makes it’ll a lot more difficult to use this argument, since you will be able to clearly show when specific accommodations were removed and the harm that resulted. I think it also adds to my credibility as a parent, showing that I collaborate in good faith and facilitate accommodations.” – Parent

Related Blogs
Let’s Talk about Hindsight
Why is Documentation so Important?
Evidence of Harm. Effective advocacy in Education
Liability in Education

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Building Advantage – Hearing Preparation

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.

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Complaints are the Ultimate Protest

External complaint bodies are the only ones with investigative powers to look inside what is happening in the world of education.

Parents are the ones who have the ability to file a compliant and invite other professionals (mostly legal) into the districts to take a little lookie-loo.

These organizations have legislation behind them that gives them the power to force the school to hand over unredacted documents for their examination. Compel witnesses to be questioned. For teacher’s to explain themselves against teachers standards. Decisions get made – posted publicly. Journalists have access to these decisions and they write articles on them. They spread. Sometimes nationally.

This type of protest…compliant filing…is permanent. If nothing else, it creates data collected by the organizations. It informs them of what the issues are. We are seen. We aren’t invisible.

Ombudsperson BC – makes systemic strategic decisions based on the complaints being filed. The complaints lead the way. For example: The school exclusion investigation currently taking place.

Teachers Regulation Branch (Professional Conduct Unit) – department of the Ministry of Education can remove someone’s teacher’s license and ban them from the profession, suspend them, or send them for professional development. The professional development piece can even happen if the decision doesn’t get posted. The complaint stays in their file.

OIPC – Protectors of privacy but also allowing us to access documents they would never hand over.

BC Human Rights Tribunal – creates case law that sets the foundation and the framework with how the school needs to function, or face the consequences. Human rights complaints can be like a car crash for a school district. Depends on the type of complaint, the complexity, the fault of staff, and how far you take them through the process. They can incur direct and indirect costs. Legal fees are expensive. Their insurance will go up. There may be casualties (staff may leave or be forced to leave). There may be injuries (staff may experience health, emotional, mental, or financial harm). The district needs to deal with the aftermath.

When I started filing complaints, I found it to be so incredibly stressful, but at the same time found it oddly comforting. It gave me hope. It saved my sanity. Took the edge off. Gave me something to focus on. Somebody else needed to know what I knew.

It came down to this:

I will never prioritize the needs of adults with resources over a trapped child experiencing harm who has no escape, and can’t do anything but endure.

Not filing a complaint on an adult who is a paid professional because you don’t want to be the one to make them feel uncomfortable feelings, meanwhile your child is experiencing hell, doesn’t make sense to me. Sure, it doesn’t feel great, but I am not keeping silent and upholding up this system so you can feel comforted in your safe predictable environment. You want to shove this under the rug without getting a scratch. Ummm no!

This is the protest. When we give them all the chances in the world to make this right and they still don’t…this is the only power we have to try and fix things.

What really gets me is that if they feel like they can get away this shit, they will keep on doing it. That. I can’t handle.

Schools can be a little too good at prioritizing their own liability needs.

So when should we file?

I absolutely do suggest you give the school a chance to resolve this with you before you start filing complaints. It truly will be better for you and your child to get a quick resolution. Climb the ladder and go above the principal. Contact the district administrators. These complaints systems are SLOW.

However….some of things that people tell me… and what I know as well…. I mean… come on districts…. are you seriously not expecting a reaction? We aren’t looking for the power struggle. We aren’t.

I have never met a group of people so hell bent on shooting themselves in the foot, than I have with school administrators. Well.. some of them.

The people who are really good at their jobs are people who are focused on communicating and solutions. These are the people we love. These are the people the next generation needs.

The next generation also need advocates. Willing to protest.

From a systemic perspective. We need the risk takers. The wild ones ready to plow new paths that seem completely illogical. We need the quieter, relationship focused advocates building inch by inch. We need the backstage advocates with the networks and unknown conversations. Swaying power every so secretly.

These external complaint systems are far from perfect. They are also all we have. If we all just stopped engaging with them until they were perfect… we would be in serious trouble. The education system would truly see us all as door mats. Buzzy mosquitoes to flick off.

If you do choose to file a complaint. Please do your research. Each is a silo. Different legislation. Different outcome options and different amounts of power. You have options.

If filing a complaint is something you don’t want to do. You still have options. It is not all or nothing. Advocacy still continues. Persistently. Consistently.

Trust in your ability to know yourself. You will find the path that you want to take. The one that matches your advocacy style. All is good. Everyone is needed and all of the different styles. We balance each other out. This is a marathon. It’s a team sport. We train individually, but we run together.

Peace.

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Liability in Education

One aspect of education that was really hard for me to swallow and accept is the concept of liability and education operating as a business. They almost broke my heart over this. They make a lot of decisions based on liability. It’s depressing and sad really. Like seriously….the kids aren’t the priority?? (I was so innocent and trusting when my kids started school.)

They don’t make their decisions by prioritizing “doing the right thing”. This is about money. It’s about insurance.

If you ask them for an investigation into an incident. They will NOT try to find the truth and provide this information to you. They will be conducting their investigation it in a way that reduces their liability. They will hide needles in haystacks. Everything is very performative. They make themselves look busy for you, but nothing leads to any substance. They are experts at this. They do this over and over again. They have this down to a well-oiled machine. (Staff – this is for you too regarding your bullying/harassment complaints. Look for the signs!)

If you want to meet with certain people and they deny you that opportunity to do so, they are saying NO to you because it is too risky and they are concerned it might increase their liability. Depends on what you are dealing with, some situations staff really mess up – this isn’t your typical ignore IEP stuff, they will block you from talking to certain people. They don’t want this person to be on a future witness list at the tribunal. As soon as they engage with you through email or conversation, you could potentially make them a witness. They protect certain people.

They will not give you everything you want in your Freedom of Information request. You will need to file OIPC complaints or application for documents through the human rights process. They certainly will not just lay out all of the evidence to you because you asked for it. They will never provide you documentation that could possibly be used against them in the future. If you are just corresponding with them through email and not a complaint system, there is a very high possibility they will just ignore you.

If you want to have a conversation with them to figure out what on earth happened at school that lead to XYZ. You will not be provided with any information that could harm them later in a tribunal or court. They protect their staff. No government service or private company will ever just provide you the evidence you need to nail them. If you are getting evidence it is because you are prying it out of their cold hands.

We place so much incredible trust in these people. Our children are in their care 5 days a week. This is their present childhood and their future. We want to think that they have their best interest at heart. Teachers are not walking around with a liability lens, but the school administration absolutely are. And so is everyone above them.

This is what drives parents and caregivers up the wall. School admin will be vague, they will lie, they divert and cast blame on your child and you. This is why getting accountability is a fight. But certainly not impossible.

Upper management are constantly assessing you through a cost-risk lens. They have a team of lawyers who are a phone call and email away.

If you are stirring up shit all the way to the top, if they are concerned about you, they have probably already engaged their lawyers. Lawyers are involved way earlier than you will ever expect. And you are getting gaslit and manipulated for a reason. None of this stuff is by accident. They don’t just whoopsie lie to you.

The good news is. And there is good news.

Teach them what your currency is. Give my kids the supports they need and I wont be a risk to you. When they do give your kid the supports they need, they are not doing this because it makes them feel good. Well….maybe some people. But for the higher ups who don’t see your child every day and wouldn’t be able to pick them out of a line up. They are doing this because it is part of their job to reduce the schools liability. They are always considering their damage period. It even states that in the School Act, 95(3)(b) that school staff may need to pay the legal costs if someone sues the school board (human rights complaint) and the school employee has been seriously careless or reckless in how they brought this on. If what they did obviously brought on the legal fees, like a hearing, they could be forced to pay. No employee wants to be in that position to pay for hundreds of thousands of dollars for a hearing. They will shut their mouths. They will hide evidence. No one wants to lose their house. Cost-risk analysis.

We need to be clear. Give my kids their supports and I will be less of a risk.

Don’t give me what my kid needs, and I will become very costly. Both financially, and a drain on the capacity of your staff.

We need to learn to speak their language without being obvious about it.

They don’t really believe the words you use. The threats you make. It just rolls off their back. They get threaten by parents ALLLLLL the time. What RARELY happens, is action. It takes a lot for parents to file complaints. And when they do, you jump into another category in their minds. If you could send them subliminal messages to pick up, you would want to tell them, “I AM EXPENSIVE”. They aren’t listening to your words as much as they are paying attention to YOUR BEHAVOIUR. That! They believe.

You don’t need to kill a fly with a house. You don’t want to seem so ridged that you are not workable. If they think you have gone to far to the dark side (so irate) unable to return and have any collaboration with, their goal will be based on liability of course, and you will be way too expensive. They will do everything in their power to just try to get you to leave.

It’s a fine line we walk.

Using human rights language is a red flag to them. It lets them know, don’t fuck with me. I know my shit. Start off slowly with key words. (Disability-related needs, equitable education, accommodation request). Add due dates for email responses. Escalate to the next level if they don’t respond in time. Communicate to them that you are professional, you will be able to sustain their poking and little games they play, and that you are not going anywhere. Show them by your behaviour and quality emails that you know your advocacy stuff. This is their language. Engage the cost-risk analysis. Being persistent and consistent alerts them.

To school administration, your child is a customer accessing their service. This is a business. Your child is potentially a risk and so are you. Employees have duties to perform and they don’t want risky shit-disturbing-employees either. Employees have a fiduciary duty to their employer. Staff – you do not want to be on the radar of the district. When you are seen as a risky employee they will engage in constructive dismissal techniques. They want to show you who is in charge. They will move you. They will change what grades you are teaching. Constantly. Once all of their liability concerns are addressed, then they seek to fulfill their duty towards the service they need to provide. An education. Within their constraints for all stakeholders, including their duties towards staff, work safe, insurance, the general public, etc.

People talk about advocacy feeling like it is a full-time job, and that this is work. It is work. It does feel like a separate profession with its own skill set. This is not just some social hobby playtime thing that parents do when we are bored or have extra time on our hands. We make time. This is serious shit. We need to learn. We need to grow. We need to get good at this stuff. For people who are new to education advocacy, this blog is probably going to feel pretty yucky to some people. I am so sorry for that. I wish I could protect you, but not talking about the truth is really not going to help you. You’ll just come out of school meetings all confused and probably blame yourself thinking you have done something wrong. No matter how they feel about you, they will not be able to be in a position where they will be allowed to make emotional decisions. It’s not you. It’s not personal. It doesn’t matter who you are. They just want to know if they can control you. It’s about liability. It’s about money and protecting their senior staff first, then shit rolls downhill in education. This is business. Period. And it takes a coordinated effort and a roll out plan. The Ministry isn’t even tracking money being spend on human rights complaints. This is all under their radar.

Show them that you can be expensive. Speak their cost-risk analysis language.

Rights-based advocacy is your key. Learn it. Know it. Breathe it.

Decreasing their liability is their priority. Then comes everything else.

This message will self destruct in 5 seconds.

EDIT TO ADD: Jan 29, 2026

School Protection Program

A human rights decision was posted today referencing the School Protection Program (SPP)

[2] The School Protection Program [SPP] is an insurance program that provides school districts protection against liability imposed by law for damages to third parties, and all costs and expenses incurred in defense of such claims. The SPP engaged Mr. Neufeld’s previous legal counsel to defend Mr. Neufeld in response to the complaint. On February 26, 2024, Mr. Neufeld’s previous legal counsel withdrew their representation of Mr. Neufeld. Mr. Neufeld was provided with access to his previous legal counsel’s file [Legal File] and he proceeded to publish or permit to be published the contents of that file online.

https://www.canlii.org/…/2025bchrt310/2025bchrt310.html

(Interesting decision – and what the SPP was wanting to hide from the public is also very interesting…. https://www.canlii.org/…/2025/2025bchrt64/2025bchrt64.html

So, naturally, it did push me to do some research. When I tell people that lawyers are involved WAY earlier than they suspect, here is the confirmation of that.

See page 10

Schools need to notify SPP immediately of any chance of a potential claim could occur.

Including:

“An allegation of discrimination is made or a claim is threatened for emotional distress, shock, or mental suffering;”

“Advise SPP immediately if legal documents are served (i.e. a Notice of Civil Claim) or if any correspondence is received from the Human Rights Tribunal (i.e. a Human Rights Complaint)”

“There is any indication that a claim may be made. For example, a demand for compensation is received, there is an indication that a person has retained a lawyer, or a legal action is threatened;”

They are instructed to report immediately and “Steps should be taken to secure and preserve any evidence, equipment or machinery involved in the incident. Call SPP.”

Here is the administrators handbook:

https://3cd219fb-e7d2-4f78-a55e-4dec88dd68e5.filesusr.com…

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Does my Child need to Testify?

The lawyers may tell you they are going to put your child as a witness in the hearing, or hint that your child is going to need to testify, as if this is the natural process. No. There is no guarantee. They may be trying to scare you into a settlement. Just because they may say your child will testify, doesn’t mean it will happen. It doesn’t mean it’s even a smart move on their part.

If your child is old enough and wants to testify, their testimony can benefit your case. The lawyers may say that they are going to take a lengthy amount of time to cross examine your child but then cut it short when they realize your child’s testimony is helping you and not them. Children speaking to their experience can be very moving and compelling. Tribunal members can end up connecting with your child as they testify. Not something the school districts lawyers want to have happen.

Them hinting at you that your child is going to need to testify can be the very thing that ends up shooting themselves in the foot.

How it works for hearings at the BC HRT, they typically plan for 2 witnesses per day. One in the morning, one in the afternoon. So, if you have 10 people on your witness list, including yourself, you will need at least 5 days to present your case. However, your testimony can take as long as you like. You can have written notes in front of you. (Other witnesses cannot. But because you are self-representing you are allowed.) If you need a full day to lay out your experience and show all of the emails and evidence you have, then you can take it. You can have as long as you need. Then the respondents will have their own people and will need to count their additional days. That gives you the idea how long you will need for your hearing. Some witnesses need more or less time, based on their role. Some of your witnesses will overlap. You will be able to ask questions to all of their witnesses just like they will be able to question all of your witnesses and you.

There are two education cases where the students have testified that I have found. The bullying case and the meaningful inquiry case. I have talked to many parents across Canada, and I have NEVER heard of the tribunal forcing any student to testify.

The tribunal makes their decisions in the best interest of the child. If your child wants to testify, it has the potential of being a positive experience for them. Being in a hearing, isn’t horrifying to all people. It’s horrifying to the people who do bad things. I couldn’t wait to testify. It took me all day to testify. It was liberating. I got everything out of me and it was witnessed by someone with authority.

The tribunal is very good at making kids feel comfortable and giving them accommodations, etc. The lawyers would look like complete assholes if they weren’t sensitive to your child during cross examination. (And they don’t want to come off as assholes to the tribunal member.) This isn’t like court cases that you see in the movies where people are dramatic. You will be in your own home, and it will be online. Your child can be in cozy clothes. You can be sitting beside your child the whole time. They can have fidget toys or do anything else that makes them comfortable.

When you are preparing for a hearing, you will have a pre-conference hearing where you will be discussing the witnesses and their relevance. I highly suggest you ask for an agenda for any conference hearings. That way the respondents wont be able to spring topics on you without your knowledge and you can do some research in advance and just be prepared. If you don’t want your child to testify, you can make your case. How do you think testifying could possibly harm them? And can evidence be entered and cross examined in other formats by other means? There are hearings that have taken place and the student didn’t testify, for example in this 2024 decision.

Making the decision for your child to testify is a decision you both are going to need to make. Don’t feel pressure from the lawyers, that your child will be forced to do something they don’t want to do. It’s easy for adults to make assumptions, thinking that your child wont want to participate. But, kids want to help out other kids too. They want to make a difference. They may also be angry or upset about the harm they went through and this can be a healing experience for them too. Something for them to look back on and think….wow, I did that. It can be a bonding experience for you both.

Keep in mind that hearings can take 2-3 years from the time a failed settlement meeting happens. Your child will be older and may view things differently then what they do now. Don’t make things an issue, until they need to be. People may think that having all this time is a bad thing, but it can actually work in your favour. The time gives your child some space and time away from the situation. Also, gives you lots of time to prepare.

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HR Decisions in Year 2025

Here is a list of the BC human rights decisions related to students and education (K-12) that were posted publicly in the year of 2025. Only 2 decisions show parents/caregivers who had legal counsel, the rest were self-representing parents. These decisions are important as we learn how the tribunal will make decisions about similar issues in the future. They also can help us to elevate our advocacy and understand our rights. These complaints become part of the wider data collection on these issues that the BC HRT collects.

This does not reflect the total cases that were navigating the HRT, just ones that had public decisions. Cases that settle at mediation meetings, often do not have decisions attached to them as mediation meetings are part of the early stages of the complaint process.

January 24, 2025

The Student (by the parent) v. The School District, 2025 BCHRT 17

[1]               In April 2022, the Parent made a complaint against the School District on the Student’s behalf. The complaint alleges that the School District discriminated against the Student regarding its services based on the Student’s mental disability. Specifically, the complaint alleges that the School District failed to accommodate the Student by not providing him with an Education Assistant in one of his classes.

February 4, 2025

Child L (by Mother L) v. BC Ministry of Education, 2025 BCHRT 27

[1]               This is a decision about whether eligibility criteria for a government grant, set out in a regulation, could be a service customarily available to the public.  

February 5th, 2025

The Parent obo the Student v. Meadowridge School Society and another, 2025 BCHRT 29 

[1]               The Parent is the mother of the Student. The Student attended middle school at Meadowridge School Society [Meadowridge]. The complaint alleges that Rhys Clarke, a teacher at Meadowridge, sexually assaulted the Student during an incident in Mr. Clarke’s class, and Meadowridge failed to address the matter appropriately. The complaint says the Student was in a vulnerable position due, in part, to his Chinese ethnicity. The Tribunal accepted the complaint on the grounds of the Student’s race, ancestry, place of origin, and sex.

March 7th, 2025

P (by KD) v. Board of Education of School District No. 61 (Greater Victoria) and another, 2025 BCHRT 62

[2]               P alleges that during the 2019/2020 school year, the respondents did not provide her an appropriate education by refusing her at-home instruction, one-to-one Educational Assistant [EA] support, and not following her Individual Education Plan [IEP]. P also alleges that the Ministry changed the requirements for IEPs which rendered them ineffective. Finally, P alleges that the School District caused her harm by failing to properly address abuse by another student and took her on an inappropriately long walk despite her scoliosis, which caused her pain and swelling.

April 4th, 2025

Child (by Parents) v. Surrey School District No. 36, 2025 BCHRT 85

  Generally, the complaint alleges that the Respondents failed to provide the Child with meaningful and safe access to education. Particularly, the complaint sets out five allegations that the Respondents:

a.      failed to incorporate medically recommended accommodations into the Child’s Individual Education Plan [IEP] in 2019 [IEP Allegation];

b.      failed to consult the Parents in 2018 in formulating the Child’s IEP [Consultation Allegation];

c.      discontinued specialist support for the Child in 2017 [Specialist Support Allegation];

d.      failed to provide the Child with reasonable accommodation to assist them with managing their disabilities [Accommodation Allegation]; and

e.      disciplined the Child in a way that put them at medical risk as a result of their disabilities [Discipline Allegation].  

May 14th, 2025

Parent obo Student v. BC Ministry of Education and another, 2025 BCHRT 112

[1]  The Student is a young Indigenous child who has diagnoses of various mental disabilities. The Parents allege that the School District and the Ministry of Education [Ministry] discriminated against the Student based on her race and mental disabilities when they would not allow her to attend school full-time or participate in school activities with her peers.

No other decisions were posted after the May decision.

We will see what year 2026 brings us….

Here is a page I have created that collects links and decisions for advocacy.

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Keeping Your Child’s Information Private

There is a way to keep your child’s information private as you go through the BC Human Rights Tribunal process (BC HRT). If you want to request that something specific happen you can email your case manager and they may tell you that you need to submit an application or they may be able to just respond to your request in the email. If you do send a request you must cc: the school districts in your email. Not every application that you submit will have a public decision, but it’s possible that a decision regarding your process/request could be posted on their website. These applications are things like amending your complaint, joining complaints if you file a family status complaint connected to yourself, fast-tracking, etc.

You can apply for your case to be anonymized. The the BC HRT will anonymize a minors human rights complaint automatically anyways as it is part of their rules, but it is always good to communicate your wishes.

Page 3 of their RULES book

Complaints about minors

(7) In an application to limit public disclosure of information that would identify a minor, the
tribunal will presume that the minor’s privacy interests outweigh the public interest in access
to the tribunal’s proceedings.

Or if you specifically don’t want the district to be anonymized, it’s good to put this in the application and explain why it is in the public interest for them to be identified. (See below for case example) HINT: The school districts REALLY don’t like to be named. You can use it to you advantage to put pressure on a settlement.

The BC HRT doesn’t really advertise this, but if you don’t want to settle and you want a hearing, you can also apply for a “CLOSED” hearing so that no one from the public attends.

IMPORTANT NOTE: I am going to write a blog on this specific topic, but I just want to drop some info. If the school districts lawyers are trying to scare you by saying they are going to force your child to testify and be a witness at the hearing – NICE TRY. Just because they may want them on the witness list, doesn’t mean they are going to get it. The BC HRT makes all of their decisions in the best interest of the child. But the respondents LOVE to dangle this threat as a way to send your protective parent instincts into overdrive. But, more on this later.

How you do either of these options (anonymization and closed hearing) is by filing out an application.

Go to the FORMS page on the BC HRT website.

You will be filling out a 7.1 GENERAL APPLICATION.

You will be asking to anonymize your child’s name. You don’t need to anonymize the districts name, but they will most likely fight for their name to be anonymized too. Their argument is often that it may expose the identity of the child. You can argue back. There are cases where the identity of the child is anonymized and the district is not. Or if that is not something you wish for, you can agree to anonymize the district as well.

Read everything on the form. There is a process that you have to go through before you submit it. You need to contact the school district lawyers and ask them if they agree. They will have to provide you with “their position” on your application. When you email them, I suggest you give them a deadline. Ask them to respond to you within 5 business days.

This is the same form you can ask for a closed hearing. Just tick off OTHER and write “closed hearing” on the PURPOSE OF APPLICATION page. They give you space to answer their questions, but you can always just write “see attached” and then type up your answers. You can submit up to 10 pages.

REMEMBER: They are always going to analyze you through a cost-risk lens. If you become too expensive, they are going to be more encouraged to settle with you. It costs them big money to respond to applications. So if your mediation meeting fails, become expensive.

Here is a list of some decisions around anonymization.

The Student (by the parent) v. The School District, 2025 BCHRT 17

[8]               Rule 5(7) presumes that a minor’s privacy interests outweigh the public interest in accessing the Tribunal’s proceedings. As such, it is appropriate to limit publication of information that could identify the Student in connection with this complaint.

Mother A obo Child B v. School District C, 2015 BCHRT 64

[21]           Rule 5(7) establishes a presumption respecting minors for good reason. Children are vulnerable, in some cases fragile, and those with disabilities even more so. It is difficult enough growing up in the face of existing peer pressure without having the additional burden of adult-driven issues being superimposed in a public way in their formative years. Moreover, these issues may not be readily understood by other children and used as a tool of ridicule and hurt. While some public exposure is inevitable, broad public exposure through unrestricted publication is neither necessary nor in the child’s best interests. At this stage of the proceedings, I find that the privacy interests of Child B outweigh the interests of the public and Child B’s identity and that of Mother A shall be anonymized.

[27]           I note that Mother A alleges that the complaint and future outcome are specific to the policies and practices of this particular district. Further, she says that understanding which district is involved may be important for the public, or future complainants in School District C or other districts. I find that school districts are large public institutions that touch a broad spectrum of the public. The reasons advanced by Mother A for identifying School District C reflect a legitimacy and the sentiment found in para. 11 of the School District 61 case cited above. In the circumstances as they currently stand, I find that there is nothing that outweighs the public’s interest in knowing the identity of School District C and the open court principle.

[28]           Therefore, I am prepared to grant School District C the requested anonymization for the purposes of only this decision. Unless a further order of the Tribunal is obtained, School District C shall be identified in all subsequent proceedings. If the Respondent School District C finds unique circumstances that weigh in favour of its anonymization, it may reapply for such an order.

Child K (by Ehmke) and another v. Queen of All Saints School and another, 2024 BCHRT 150

In this case the mother and child wanted to be named. The school did not want to be named. Child was anonymized until she is an adult and then can apply to have her name added. School lost their application and the decision was to name them.

(29) I appreciate that naming the School could make it easier for motivated and diligent people to identify the people who were involved in the events of this complaint. In that respect, my order will not perfectly protect the people involved. However, I find that – unlike the individual educators and staff involved – there is a specific public interest in the identity of the School as a publicly funded institution serving the public: A obo B v. School District 61, 2014 BCHRT 105 at para. 11. I am not persuaded that this public interest is outweighed by the potential that some of the educators may then be identified. There have already been a number of complaints and proceedings involving the educators and staff, and Mrs. Ehmke points out that many people within the community already know about the complaint.

(30) I deny the application to limit publication of the name of the School.

To search up more decisions, here are instructions on how to use CanLii.

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What is the Ask? Email Writing for School Advocacy.

Before I jump into the theme of this blog, I do want to mention that if you email someone in the district (head office) and you don’t cc: the principal, the email you send to the district will be sent to the principal of your kids’ school first. They will check in with them before they touch base with you. You might as well cc: the principal in the email anyway, and appear transparent and working in good faith.

I can’t tell you how important it is to get really good at emails. Email is a tool in your toolbox. Knowing how to write emails and who to send them to and include, will help you. For example, to decrease the chance of someone ignoring you, include more than one person in an email. For more info about emails, read Inclusion BC’s manual and Family Support Institute’s email guide.

Always remember that any email you send can be sent to anyone in the district, can be sent to their lawyers, and could end up in a hearing. Emails are not private conversations.

Ok, now back to asking.

A very common thing for people to do when advocating is that they are not clear with their ask. They spill out an emotional story and are often all over the map. (No judgement. I have sent these emails too.) Then they end their email. The reader is left wondering what you are actually asking for. Some people don’t know what they want. All is very common.

What exactly do you want?

When do you want it?

How do you want this to happen?

Putting a clear ask in an email is very important and often overlooked unless you intentionally focus on it.

At the end of every email you send, if you want the school to take action on something, you are going to need a clearly defined request.

I even suggest you explicitly state things that are time sensitive. “This is time sensitive”. There are things that you can be explicitly clear about. The clearer you are, the better, for all involved. Putting a date of when you would like to hear from them can also be helpful. “Could you please respond to me by Friday, September 26th?”

If they are ignoring you, I suggest this page. How to Deal with Schools Giving You the Silent Treatment.

Some emails, it’s unclear if you are even expecting a response, or if you’re just venting at the person or telling them off (which I don’t suggest). If you want them to respond to you, you can say something like, “I look forward to your response”, or I would greatly appreciate a response within the next 3 days.

My suggestions for an email format is:

  1. Start off with a connecting statement. (I hope you are well/thank you for your previous email; I appreciate your follow-up/etc)
  2. State the facts of what has happened. (facts only)
  3. State your concerns (thoughts, feelings, opinions)
  4. State your ask (what do you want to have happen)
  5. End with an appreciative closing statement (I look forward to meeting with you and discussing this further/thank you for your support/etc)

    .

It’s really important that we are very clear on what we are asking for. If we aren’t getting the response from the school, it could be that they aren’t clear on what we are asking for or expecting from them. You want your communication to be ridiculously clear so they can’t wiggle out of it. Even if it seems ridiculously obvious to you what you want from them, just be ridiculously clear.

Never make assumptions, and no one can read your mind.

If you child is telling you things, you need to make that clear. Johnny told me…… Do not assume that you have the whole story. Quite often, you will not. Don’t automatically accuse the teacher of what your child has told you. You will need to do some investigating and be a detective first. So, your first approach is to be curious and inquire, seeking more information. You don’t want them to be defensive and shut down on you. A carefully crafted email could get you the information you are looking for before you make decisions on how you want to resolve the situation.

Never make assumptions.

A blog I highly recommend you read and consider when engaging with education staff is the blog 5 Rules on how to be Untouchable

A mug I saw on social media that makes me laugh. “Dance like no one is watching. Email like it will be read out at a tribunal.”