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 law to fulfil their duties lawfully, and they can easily overstep and make mistakes. This gap in knowledge and a call for more legal training for educators is even written about in education law textbooks. (Education Law in Canada: A Guide for Teachers and Administrators, 2nd Edition. Edited by David C. Young). This book even lacks sufficient knowledge on the Duty to Accommodate, which they admit. This book for 2025, the written content entered was capped at February 2024.
We know that the Human Rights Code supersedes teacher classroom autonomy, but many educators don’t. For some, it is quite the wake-up call when they find this out. Accommodations are required. They don’t get to decide not to provide them because of how they want to run their classroom.
Many of them don’t know the legal obligations around IEPs. They aren’t just words on a page. Many of them are not aware that they can have a Teachers Regulation Branch complaint filed against them if they don’t follow them.
Chances are, if you have read all of my blogs, you will know more about your child’s rights than they will. Which is really a failing for all involved. I don’t think it is fair for teachers to truly not understand what their legal responsibilities are, either. I would feel nervous in that role.
But first, before we dive in: What is written authority?
Written authority is law, policy or some kind of document. Something that is written and acts on behalf of other people, that has power, and people will use it as a decision-making tool. If school staff deny our requests, we always want to ask them something along the lines of: What is the written authority that supports your decision? Basically, says who? Where does it come from? People just can’t just make stuff up.
Staff may feel very confident when making statements. You would swear by their confidence that they are true. Not necessarily. And not that they are intentionally trying to mislead you. Although some people may flat-out lie to you. As I have experienced both.
When they tell us information, especially when it is related to a decision, always ask where that information comes from.
If they tell you that teachers are allowed to _______________________.
Then we can ask them to show us where the written authority is that states they are allowed to do that.
Basically, administrators are very good at spinning stories and making things look very professional. They may legitimately believe what they are saying. We want to cautiously accept what they are saying to us, and always question what they are telling us. We don’t accept vague assertions. How you want to frame your inquiry is up to you. Maybe as a sense of curiosity, and wanting to understand your rights. But you have every right to understand fully where they are coming from, and which written authority they are basing their information on. Sometimes they are correct in what they are telling us, but we also know that the Human Rights Code supersedes policy.
The topic of trust is a layered topic when it comes to education for families with kids with disabilities. We have been hurt over and over again. We know the district operates from a liability lens and they have many obligations connected to staff and the public that go beyond the best interest of our child. We want to believe that they know what they are talking about. But sometimes… honestly…. they just don’t. Or they don’t understand the whole picture.
So what is that zone of trust that we need to enter? Where we can bring ourselves to trust them enought to drop our kids off every day, but also not believe everything they say and be vigilant enough to not assume they are doing everything they can or should for our child?
Ask where that information comes from.
Because you have a lot of written authorities on your side too.
The strongest form of advocacy includes the following: strong documentation, evidence, and written authorities (using law, policy, and other documents created by the school). Follow official internal complaint/advocacy channels. When necessary, file external complaints.
Info to know!
Evidence of Harm
How to Gather Evidence
Email Writing for Schools
Depending on the issue that you are navigating, ground your advocacy in:
- Human Rights Law – Duty to Accommodate
- School Act & Section 11
- Teachers Standards
- Students rights
- Parents rights
- Ministry Policy and Orders
- School Board Policy & Administrative Procedures – will be posted on your district’s website
- Accessibility Legislation – your district will have its accessibility committee posted on the district website.
- Administrative Procedural Fairness (Ombudsperson BC)
.
Instead of us just taking their word for it, we can ask them to explain
For example: You are telling me they have full autonomy to make discipline decisions. How is the teacher’s discipline decision in line with the Teachers Standard #1?
Or
How has the school’s approach to my child’s IEP development been in line with #4 & #5?
If they have to go in front of the tribunal at the BC Human Rights Tribunal, they will need to provide evidence that they are providing your child with reasonable accommodations. So why not show you this now?
No one anywhere in any profession can just operate in a way or say things that are not grounded in truth, ethics, evidence, or in line with laws and policies. Not nurses, pharmacists, counsellors, car mechanics, engineers, dentists, etc, etc, etc.
We don’t want fluffy conversations that they think they can just float past us and we just accept these without understanding what they are talking about. We don’t accept vague beliefs or opinions. If they are using words that you don’t understand, stop them and ask them to explain. If they state something, we want to know, where is this coming from? Show me.
As you advocate, you will get better and better. You will learn more and more. Your child is getting an education. So are you.
They aren’t breaking you. They are building you. You can take this pile of shit that you are dealing with and turn it into fertilizer.
This stuff isn’t easy. Take it inch by inch. We don’t move mountains in a day. Scream into a pillow and then get to work.
Ask for help!
Here is the school advocacy help directory. These people know their stuff, and they can help you. You don’t need to do this alone. For those who would like to consult with a lawyer, I recommend Kesari Law Corp.
