Safeguarding the Education Rights of Children and Youth in Ontario

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Child Advocacy Project (CAP)

Free legal service that helps safeguard education rights and remedy education problems with a legal basis.

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What We Believe

Children have fundamental education rights.

In Ontario, these rights are covered by the Education Act, which is partly based on human rights law.

When schools make decisions that negatively affect these rights, a child’s education can be set back for a long time.

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Who We Are

A legal clinic for children called Justice for Children and Youth (JFCY)

An association of lawyers called The Advocates’ Society

My organization, called Pro Bono Law Ontario (PBLO)

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Why the Program Started

Back in 2002, the legal clinic started getting more calls from families about problems at school

More and more kids with disabilities and other special needs were being suspended and not getting the help they needed.

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What CAP Lawyers Do

Support children and their families when they feel shut out by schools

Provide free legal services to students experiencing problems at school that have a legal basis

Make sure decisions are made fairly

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Examples of school problems

When schools make it hard for children to receive special education supports

When children are suspended, expelled or excluded unfairly

When schools don’t let children enroll in school

When schools do nothing if a child is bullied or harassed

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Overlapping Problems• Sometimes more than one problem happens at

the same time, for example:

• If students with learning or other special needs do not receive adequate supports, they are more likely to have behaviours that lead to discipline.

• Many children who are disciplined have other problems that are being ignored.

However the law is clear:Schools must consider the following before deciding

whether to suspend or expel a student:• Student does not have the ability to control behaviour• Student cannot understand foreseeable consequences of

behaviour• Student’s continued presence in school does not create

unacceptable risk to safety or well-being of any person• As of Feb. 1 08: Other factors (bullying, student age, history

at school, disability or exceptionality) • Also: tighter rules in place re. suspensions, expulsions

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Excluding Children

Schools sometimes exclude children rather than suspend, especially children they decide is a “safety risk”

It is the principal’s duty to refuse to admit to the school or classroom a person believed to be a threat to the wellbeing of students

However, as of Feb. 1 08: school can no longer exclude students enrolled in school

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What kind of legal services do CAP volunteers provide?

Help students and families/guardians understand their legal rights and obligations under the Education Act

Communicate with schools by phone, letter or in person to help remedy problems or negotiate solutions

Represent students at discipline hearings, meetings and tribunals

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Why lawyers?

It’s not always obvious, but many school problems are legal problems. Lawyers are effective because:

They are trained in education law and legal strategyThey have no personal relationship with the

student/family and can be impartial advocateSchool boards have lawyers representing them, so

this levels the playing fieldTheir involvement commands attentionThey can help parents/guardians learn to be effective

advocates for their kids

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How does CAP work?

• Eligibility criteria: Financial—program designed for low and

moderate-income familiesIncome can surpass Legal Aid guidelines

Legal merit—must be a situation that the law can remedy

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How does CAP work?

• Procedure:Parent, guardian, or student contacts CAP

office to discuss caseIf likelihood of legal merit, application form

submittedIf financial eligibility confirmed, CAP staff

forward application to prospective volunteersTime to match volunteers with clients: days or

weeks, depending on volunteer availability

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Success of Child Advocacy Project:

• Cases are successful nearly 100% of the timeSuccess depends on client cooperation

(keeping appointments with lawyer, providing lawyer with necessary information)

Education cases occasionally resolved with just the mention of legal counsel

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Advocacy Tipsfor Parents/Guardians

1. Know your child’s rights: Get to know the policies/rules of your school board Learn about what rights children have when

suspended or expelled (like the right to homework or alternate program)

2. Write everything down: all important meetings/conversations with the school

in the order they happen all names and regulations that school staff mention

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3. Hold school administrators to the rules: With discipline decisions, demand to see proper

paperwork and check that it follows board policies

Hold principal to Board timeframes for IPRC meetings and other special-needs requests.

Put all requests in writing and keep copy.

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4. Find out who’s representing the school: Before any meeting, ask for the names of people (like

doctors or psychologists, special education consultants, school administrators, lawyers) who will be there to represent the school

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5. Take notes and commit to nothing: In important meetings, take notes, make no

commitments and sign nothing. Consider bringing a friend or advocate as a witness to a meeting, and be sure to request an interpreter if you are not comfortable expressing yourself in English.

Take time to discuss anything proposed by the school with your own professionals and supporters—a more balanced discussion of your child’s needs will lead to better results

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6. Remind the school of your right to “informed consent”

You have the right to make important health decisions, especially regarding medication—as your child’s legal guardian.

7. Stay calm and professional. Give the school no excuse to punish your child!

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8. When you think you have a legal issue at school, call the Child Advocacy Project:

416-977-4448 x226

or

1-866-466-7256

or visit www.childadvocacy.ca.