Disability – Related Adverse Impact (Dismissal Application)
School Employee Files Human Rights Complaint This is an employment case, and the employee is in the school setting. I have only ever written on two other staff employee cases. I don’t focus on this at all, but every once in a while, a case will come along that is very helpful for others to […]
Strong Advocacy = Written Authority
School staff have a lot of discretion and power in decision-making related to our children. Not just to their learning but to their socialization. This is given to them by the School Act, other collective agreements, and even human rights decisions uphold their expertise. At the same time, many of them lack knowledge in education […]
Self-Advocacy and Victim Blaming in Education
Self-Advocacy for Students in School I have put this blog under my IEP category because this is a topic that parents deal with a lot during their IEP meetings. Teachers expect students to self-advocate during IEP meetings. Which can be really hard for kids, under that kind of pressure. They are also very eager to […]
Trying to Collaborate in Good Faith
Trying to collaborate in good faith and discuss “reasonable accommodations” can be the real murky (stressful) part of the accommodation process that has the most potential for disaster. This is where we are at our most vulnerable. Here is why. (Please read every single word of the next paragraph. Twice if necessary.) As part of […]
Why Can’t we Just Sue the Government?
Good question! Many parent(s)/guardians are asking this question. What they are experiencing in the education system is mass systemic discrimination and they are wondering how in the world is this allowed to happen?? Doesn’t the Charter protect our rights? Let’s tear this question to bits. Why can’t we just sue the government? Funding When you […]
Daycare Termination and Disability
RE: New Human Rights Case linked to daycare and termination of daycare services due to a perceived disability. Mother obo Child v. Daycare, 2024 BCHRT 251 Since we all have most likely struggled with daycare issues at some point, I am posting this case. It is a very interesting case. A situation that parents find […]
Family Status – Human Rights Complaints in Education
Here is some clarity to something that can be confusing when it comes to parents adding themselves to their child’s human rights complaint in education. (Your complaint will also need to pass the discrimination test.) You need to file separate complaints. One for your child and one for you. Then, when and if they are both […]
Responding to Dismissal Applications
Broe v. Board of Education of School District No. 67 (Okanagan Skaha) and another, 2023 BCHRT 157 There was a case posted today that I thought discussed dismissals in a very informative way. Anyone who is self-representing and needs to respond to a dismissal application must be aware of how they need to meet the […]
Late filing – Timeliness of Complaint
This is a decision from the Human Rights Tribunal, posted in the September category for 2023. The complainant filed the human rights complaint after the one-year deadline. These applications for late filing are very rarely accepted, and this case was accepted. They have dismissed cases that were one day or three days late. Brutal. It’s […]
What is Fatal to a Human Rights Complaint in Education?
A and B obo Infant A v. School District C (No. 5), 2018 BCHRT 25 I have heard of many families in very complex situations. Parents/guardians are struggling with accepting/agreeing to accommodations offered by the school that they feel very strongly won’t work. If you are thinking that the human rights process is a process […]
