Strategies for Success:
Navigating Special Education in Ontario
A Guide for Students, Parents and Caregivers
Introduction
In Canada, the provincial and territorial governments are responsible for regulating public education. In Ontario, there are specific laws, regulations, policies, and resources that affect students with a disability and neurodiverse students.
This guidebook is intended to provide information for parents, caregivers, and community organizations that support students with disabilities. No matter your role, access to information is key when advocating for students throughout their learning journey.
In this guidebook, we examine the key legislation and policies that govern schools and school boards, the different roles and responsibilities within the education system, human rights considerations, and the right to be in school.
Table of Contents
We have divided this book by subject matter to make it easier to navigate. Each chapter provides you with information about a particular law, relevant organization, key document, or process, and what you may need to know to navigate the special education system in Ontario. Here’s an overview of each chapter.
Chapter 2
Special Education:
Legal Landscape
This section provides a plain language guide to some of the main laws and policies that affect students with accommodation and support needs.
Special Education:
Legal Landscape
This section provides a plain language guide to some of the main laws and policies that affect students with accommodation and support needs.
Chapter 3
Special Education:
Who Does What?
A summary and overview of the roles and responsibilities for the various people, committees, and organizations that play a part in special education in Ontario. It also provides an overview of Special Education Plans and what you can expect to find in them.
Special Education:
Who Does What?
A summary and overview of the roles and responsibilities for the various people, committees, and organizations that play a part in special education in Ontario. It also provides an overview of Special Education Plans and what you can expect to find in them.
Chapter 4
The Individual Education Plan
An overview of the Individual Education Plan (IEP), what it is, how to get one, and the general process associated with developing and reviewing an IEP. It also provides a summary of what you can expect to find in an IEP, and the role this document plays in a student’s development.
The Individual Education Plan
An overview of the Individual Education Plan (IEP), what it is, how to get one, and the general process associated with developing and reviewing an IEP. It also provides a summary of what you can expect to find in an IEP, and the role this document plays in a student’s development.
Chapter 5
The Identification, Placement
and Review Committee
This section outlines what an Identification, Placement and Review Committee (IPRC) is, what it does in the system, as well as its process and an overview of what you can do if you disagree with an IPRC decision. It also outlines the categories of student exceptionalities and placement options generally.
The Identification, Placement
and Review Committee
This section outlines what an Identification, Placement and Review Committee (IPRC) is, what it does in the system, as well as its process and an overview of what you can do if you disagree with an IPRC decision. It also outlines the categories of student exceptionalities and placement options generally.
Chapter 6
The Ontario Human Rights Code
This section looks at the public education system through a human rights lens. You will find a discussion on inclusive school environments, accessibility, and the duty to accommodate children with disabilities. This section also includes a discussion about the role of the Ontario Human Rights Tribunal.
The Ontario Human Rights Code
This section looks at the public education system through a human rights lens. You will find a discussion on inclusive school environments, accessibility, and the duty to accommodate children with disabilities. This section also includes a discussion about the role of the Ontario Human Rights Tribunal.
Chapter 7
Student Discipline, Attendance,
and the Right to be in School
This section discusses issues that might impact a student’s right to be in school, as well as their right to be free of violence and abuse. This includes processes for suspensions and expulsions, appeal rights of those decisions, and general rights and obligations associated with student discipline. It also discusses exclusions and the use of restraints and ‘seclusion rooms’ in schools.
Student Discipline, Attendance,
and the Right to be in School
This section discusses issues that might impact a student’s right to be in school, as well as their right to be free of violence and abuse. This includes processes for suspensions and expulsions, appeal rights of those decisions, and general rights and obligations associated with student discipline. It also discusses exclusions and the use of restraints and ‘seclusion rooms’ in schools.
Chapter 8
Key Takeaways and
Additional Resources
This section summarizes the key takeaways from each chapter and provides additional resources to help navigate Ontario’s education system.
Key Takeaways and
Additional Resources
This section summarizes the key takeaways from each chapter and provides additional resources to help navigate Ontario’s education system.
Community Living Ontario is a non-profit provincial association that proudly works alongside over 120 local agencies and advocates on behalf of more than 100,000 people across Ontario. We support people who have an intellectual disability, their families, and member organizations to create inclusive communities across Ontario.
PooranLaw is a multi-disciplinary law firm in Ontario. Founded in 2008, PooranLaw’s team of highly skilled social justice lawyers is committed to building more inclusive and supportive communities for people with disabilities in Canada. The firm focuses on the promotion of a just society for persons with disabilities and other marginalized groups.
PooranLaw recognizes the many facets and nuances of disability, including the unique challenges of children and adults living with developmental disabilities, autism spectrum disorder, mental health and visual impairments. The firm has in-depth knowledge and understanding of therapies, medical treatment, educational, community-based supports, and other services available as well as the intersection between them.
About the Author:
Jenna Bontorin: is a lawyer at PooranLaw. Jenna Bontorin is an experienced lawyer in the areas of labour and employment, human rights, dispute resolution, and is the firms in-house expert in education law. She regularly advises clients in day-to-day matters, through negotiations, mediation/arbitration, and when necessary, litigation. She is a committed, compassionate advocate and represents individuals and organizations alike across a variety of matters, including grievance arbitrations, human rights proceedings, and various cases before the courts, boards, and tribunals.
With contributions from:
Brendon D. Pooran: is the founder and Managing Partner at PooranLaw. He is involved in most areas of the firm’s practice and regularly provides advice to individuals, families, organizations, and government in the areas of: education, wills and estates planning, disability law and corporate law for not-for-profit ,and charitable organizations.
Marcy Galipeau: is PooranLaw’s Director of Operations and Communications. Marcy is a communications expert with over 15 years of experience in the areas of community development, strategic communications, project management and stakeholder outreach. She is a passionate leader who has extensive experience providing strategic advice to politicians and corporate executives.
Connect with PooranLaw:
Visit their website: pooranlaw.com
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Reach out by email: info@pooranlaw.com or by phone: 416.860.7572
While financially supported by The Law Foundation of Ontario, PooranLaw and Community Living Ontario are solely responsible for all content.
Disclaimer:
This guidebook does not contain legal advice. It is meant to be an overview of the legal landscape and an introduction to the common issues that parents and students with disabilities face in the Ontario public education system. While we have tried to cover the most common issues, every situation is different and novel issues are consistently arising. This is especially the case when every school board in Ontario has its own unique circumstances and relationships. If you do not find what you need to answer your questions here, we recommend that you seek advice from a lawyer who understands education law and human rights law, as well as your unique situation.
We have also worked to provide the most up to date legal information available; however, the law is constantly evolving. While we hope to be able to update this book in a timely manner, we do not warrant or guarantee that the legal information in this book is current.
Finally, the information included in this book is general information only and does not constitute legal advice. We strongly recommend that if you are uncertain about entering into any arrangement with your school or school board, that you first obtain legal advice, and that you consult with your legal advisor before taking any significant steps related to any decisions or challenges you may be facing with your school or school board, including any discipline, exclusions, accommodations, or general dispute resolution needs.
