BCEdAccess Society

Our mission is to ensure equitable access to education for students with disabilities and complex learners in British Columbia.

Tag: education

Navigating Back to School Advocacy in BC

As the school year begins, many of us are already navigating challenges to ensure our children receive the support they deserve. At BCEdAccess, we know this process all too well—because like you, we are parents and guardians of kids with disabilities. We understand that resolving issues in schools isn’t just about speaking up, it’s about knowing how to navigate systems and leverage the tools available to us.

If you have a concern about the health, education or safety of your child, most often, following the informal complaints process can resolve it. This means trying to resolve the issue with the staff directly involved first, then the principal, then the school district principal, etc.

Every public school district has a bylaw for an appeal directly to the School Board under Section 11 of the School Act. You can usually find it by searching the school district site for ‘Section 11 appeal’, or you can call the district office to ask. Many of them have a provision that requires you to follow an informal complaints process first before filing a Section 11 appeal. The school act, however, does not have this requirement. Any decision of an employee of a board that significantly impacts the health, education or safety of a child can be appealed to the board (Section 11.2).

If your child or youth attends independent school, these schools are governed by the Independent School Act, so they don’t have the Section 11 appeal piece. You can still escalate through the same informal complaints process, and usually can appeal to the Board of Directors of the school. These schools have fewer requirements from the government to give access to education but are certainly subject to the same human rights requirements as everyone.

Three brief words of advice on complaints:

Everything in writing. If a hallway meeting or phone call happens, follow up with an email. Send your requests by email. The principal may call you to respond. Talk with them, and then follow up by email. Find support for this if you need it! You can then reply to emails and add in other people if you are escalating the concern to the next level and everyone has the history of the conversations.

Bring support to meetings. Don’t go to meetings in person or online alone if you can possibly avoid it. Bring advocacy support, your doctor, your best friend, or all of the above. Someone to take notes, be a witness. People who work with your child or youth outside of school can be great but grandma or your neighbour will also be helpful. Meetings can be emotional and it helps to have a third party there to listen and support you.

Keep things moving. Don’t wait a long time for an answer. Delays can be because staff are understandably really busy but your child or youth is waiting for a solution in the meantime. In your written communication make sure you say when you’re expecting a response by. A week is the longest recommended to give for a response if it isn’t immediately urgent, 2 or 3 days is often better so you’re hearing back in the same week, and for anything urgent by today or tomorrow at the latest. Very urgent, make that phone call and follow up with an email just to document it.

If you wait for as long as you said you would, and you get no response, you can go up to the next level.

Here are some tools for writing emails, and learning about your rights and the rights of your child/youth in education:

Education Toolkits

Here’s a tool you can use as a brief overview of advocacy and conflict resolution in K-12 education in BC:

Advocacy and Conflict Resolution

For a really excellent detailed parent guide on inclusive education in BC:

Inclusion BC Parent Handbook

To learn more you can join us at AdvoCon2024. Lived experience is the best expertise! Scroll through this page for details:

AdvoCon2024

We’ll be celebrating 10 years of coming together as a community of parents, guardians, and advocates who are working together to build a more inclusive world for our kids. We have spent the past 10 years gathering to support each other, share strategies, inspire action, and push for systemic change. When you join us online on November 1 and 2, you’ll find workshops that offer practical advice on self-advocacy, human rights, and accessibility, and like-minded people who have been there just like you.

Our keynote speaker, Symbia Barnaby, along with other workshop presenters, will show us how lived experience is not just valuable, it’s the expertise we need to drive real change.

Get your tickets today and join us in continuing the movement. Visit https://bcedaccess.com/advocon-2024-ticket-information/ to reserve your spot!

September 8, 2024
NEW DECISION – Tribunal Declares: Parents of Disabled Children are Not Important to Public Interest

Show of hands…

How many families of disabled children are carrying a mountain of debt because only one member of the family can work due to ableism and constant advocacy in the education system?

How many single parents are on government support because they can’t work due to their disabled children being excluded from childcare or school?

I have some good news to report and then there is SHOCKING news.

First, the good news.

In a decision on a timeliness application, Parent v School District 2024 BCHRT 113, the tribunal confirms that parents can file a complaint under family status in connection with their child’s human rights discrimination case. I encourage you to read the decision in full.

They say this is not unique and cite Independent School Authority v. Parent, 2022 BCSC 570 as evidence that this has been confirmed before. The timeliness application was not rejected because the school doesn’t owe “a service” to the parents, as originally stated in a human rights complaint decision, which rejected parents being connected under family status in Habetler obo Habetler v. Sooke School District and B.C. (Ministry of Education), 2008 BCHRT 85

When you represent your child in a human rights complaint, any money received during a settlement or from a hearing decision will go directly to them. If you have any financial losses due to your child’s exclusion or emotional harm, then you have also experienced an adverse effect. So, parent(s)/guardians, you can submit a complaint just for you. This is BIG news. It hasn’t been tested at a hearing yet, but your complaint will be considered. It’s confirmed. It’s so possible the tribunal doesn’t even consider it unique. This absolutely needs to be done within the one year or it will not be accepted because…. And hold onto your hats, we are now moving into the shocking part of this decision.

Brace yourself.

The tribunal has declared with this decision, that parents who experience harm connected to their employment because of the discrimination their disabled child experienced at school, is not in the public interest to address this.

A human rights tribunal.

Has decided.

We aren’t worthy enough. Not in the public interest.

This is wild.

If the tribunal felt this was in the public interest and could advance the code, they would accept a late filing application. But they don’t. That is a huge problem.

This has really opened my eyes to reality.

We have a lot of work to do.

Parents of disabled children are not being considered a vulnerable population and the tribunal feels the public has no interest in our exclusion from the economy and essentially fully participating in life as adults or emotional harm that we experience.

For some resent research on the link between mother’s mental health and their struggling child, read Wilmot et al. (2023). “Mother’s perspectives on dyslexia-related school struggles and the inter-connected nature of mother and child well-being.”

Now back to this decision.

[8] In the Grade 5 school year from mid 2017 to mid 2018, the Parent alleges the Child was struggling in school. She says that everything reached a “crisis mode” in that year as he would come home and have “meltdowns” after school, crying, throwing things, and punching pillows. The Parent says that she was constantly being called by school staff to pick him up or resolve issues at school. She alleges that communicating with staff was challenging as they did not understand his disabilities and his teacher was inexperienced.

[11] On June 6, 2018, the Parent alleges she “resigned” from her secretary position to avoid an “emotional breakdown” related to issues with the Child at school.

[38] The Parent states she is clearly not the only parent who needs to go on leave when their children with disabilities are not properly able to access their education and are not being supported. She submits that “the system” needs to start recognizing the toll and impacts on parents’ employment when disabled children are not getting what they need. The Parent argues her case is unique regarding the issue of a parent bringing a complaint of consequential harm arising from conduct related to their child in school. The Parent argues the School District is incorrect in its assertion that the issue is settled such that she is barred from succeeding because she does not have the necessary services relationship with the Respondent. I do not agree with the Parent that the services and family status aspect of her complaint is unique. There is a decision on this issue that was noted by the parties: Independent School Authority v. Parent, 2022 BCSC 570.

(So, they admit that this situation and my alleged harm is not unique but that society doesn’t care. I even have a disability myself, but nope. Don’t care about the barriers around that either.)

[37] In determining whether acceptance of a late-filed complaint is in the public interest, the Tribunal also considers whether there is anything particularly unique, novel, or unusual about the complaint that has not been addressed in other complaints: Hau v. SFU Student Services and others, 2014 BHCRT 10 at para. 22; Bains v. Advanced Air Supply and others, 2012 BCHRT 74 at para. 22; Mathieu v. Victoria Shipyards and others, 2010 BCHRT 244 at para. 60. Where a complaint raises a novel issue on behalf of a vulnerable group, which advances the purposes of the Code, this factor may weigh in favour of finding a public interest in accepting the complaint: Mzite at paras. 65-66. The Tribunal has considered gaps in its jurisprudence, on the one hand, and the existence of good precedents, on the other hand, in determining whether to permit a complaint to proceed: Mzite at para. 67.

[39] In the end, I do not find this Complaint attracts the public interest in allowing it to proceed late filed. The Complaint was filed over four years late and the Parent has not provided any reasons for the late filing that attract the public interest in letting in proceed late. Further, the complaint is not sufficiently unique or novel to attract the public interest. Having not found it is in the public interest to accept the late-filed complaint, I need not address the issue of whether substantial prejudice would result.

(Let’s all just take a breath)

Parents aren’t enough of a vulnerable group and my case isn’t novel because of ONE case that hasn’t even made it to a hearing to judge its merits yet?

BOLD statement.

The tribunal thought this person’s case was of public interest.

Schulz v. Camosun College, 2023 BCHRT 142

[42] Millie Schulz argues their case is unique as it involves a complainant with ASD. While the Tribunal has addressed mental health discrimination in the provision of services, it has not addressed many of the issues impacting individuals with ASD, and their need for accommodation, especially in a school or employment setting. They cite one Tribunal case dealing with autism from 2011, which points out that the nature of adult autism and how it manifests itself in the workplace is poorly understood, and individuals with this disability are subject to stigma and stereotyping: Noriega v. B. C. (Min. of Children and Family Development), 2011 BCHRT 199 at para 28.

What is the difference, may I ask?

Does the Human Rights Commissioner stand with the decision by the Human Rights Tribunal and declare that unemployment and emotional harm of parents of disabled children are of no public interest?

That we aren’t a vulnerable population?

Show me where there is accessible childcare?

Where?

Look at the School Exclusion Tracker by BC Ed Access.

Our own inclusion in the economy and having careers is hanging on by a thread. A very fragile thread.

Look at the amount of money the School Protection program is spending on legal fees and settlements connected to human rights.

Along with my 30-page argument, I also submitted 60 stories of exclusion collected by Jenn Scharf, an example of an exclusion policy from another district.

I’d love to organize a protest and show the government and the public just the number of people who are affected however, because the discrimination is so thick with lack of daycare, school exclusion and accessibility, people struggle even get themselves to a location to protest.

What is your protest idea? We all pick a day and flood them with our stories?

We need to build an army of stories.

We need to get loud.

We need to be heard.

So, parents, feel free to cite this case when needed to state that this situation is not unique or novel.

Let us remember the good stuff.

So, the moral of the story is you can file your own complaint along with your child’s discrimination complaint. One complaint for them. One complaint for you. You’ll need to file an application to join them together later in the process if they both get accepted.

Shockingly, the tribunal doesn’t see us as a vulnerable population worthy of public interest.

That is going to need to change and the only way to do that is for us to file our own complaints when we file on behalf of our children. They need to read our stories.

One complaint for your child. One complaint for you.

No matter what happens, a tribunal member will read it.

Every complaint matters. You matter. Your child’s story matters. Your story matters.

I have a question for any human rights lawyer reading this blog. Does a parent necessarily need to file a complaint on behalf of their child, or can they just file a complaint on behalf of themselves under family status if they wanted to?

With so many children being on reduced school hours, even if the tribunal wouldn’t consider those decisions discriminatory, can parents still file a complaint under family status because those reduced hours negatively impacts them?

*******

Some recent noteworthy decisions in education from the Human Rights Tribunal.

Student (by Parent) v. School District, 2023 BCHRT 237

The Parent obo the Child v. School District, 2024 BCHRT 91

X by Y v. Board of Education of School District No. Z, 2024 BCHRT 72

Ableism as defined on the BC Human Rights Commissioners Office website. https://bchumanrights.ca/glossary/ableism/

“An ideology and system of oppression in society that holds that some bodies are more valuable than others, which limits the potential of people with disabilities. People with disabilities are assumed to be less worthy of respect and consideration, less able to contribute and take part and of less value than other people. Ableism can be conscious or unconscious and is embedded in institutions, systems and the broader culture of a society.”

April 20, 2024
Behind the Decision: Reflections and important findings on the recent human rights education case

An anonymous submission

As the parent who has been through the BC Human Rights Tribunal process, it’s been about a month since the decision came out and I still haven’t found my words to really summarize what I think of the whole experience. It’s a very emotional process. I was self-representing my daughter, which means I was going through this legal process without a lawyer. I did receive under 5 hours of legal consultation from the BC Human Rights Clinic. Thank goodness.

I truly have mixed feelings about the whole process.

I feel that accountability has occurred, just through the hearing alone. I am very pleased that this has been an empowering experience for my daughter. It has forever changed me, mostly for the better. I thank the tribunal member for the wonderful way in which she managed the experience for my daughter as a witness. Taking this case to a hearing has allowed me to feel a sense of peace about the whole thing, that will last me the rest of my life. Looking at this decision on CanLII just fills my soul. Continuing with the hearing was one of the best decisions I have made in my life. I would do it again, in a heartbeat. I have no regrets. I found out exactly how all this mess happened, and that satisfied a brain itch that would have frustrated me, forever. The story was told, in a decision, publicly. It’s still only a fraction of the bigger picture, but it’s enough.

I also feel that the structure of human rights system process, is oppressive and traumatic, in ways that I cannot speak publicly about. This experience has been intense and extremely triggering. If given the opportunity to share this experience with those in power to change the system, I would be more than willing to spill out the whole story. At the same time I am very thankful to the individuals involved in the system at the Human Rights Tribunal and the role they played.

Through this process, I did benefit from my university education, the support from my husband, family and friends, and I was able to spend the time and have access to resources that allowed me an opportunity to even take this to a hearing. I fully recognize and appreciate that this opportunity isn’t a possibility for everyone. I recognize that I have enough privileges to even access a hearing. I also felt the weight of responsibility, knowing I could do it. The system is so challenging that one of the motivating factors for me was the best thing I could to protect other parents and children from having to go through this, was to go all the way.

For any parent(s) going through this process, I think you need to be so mad, that the anger becomes fuel to help you push through and withstand the strongest of storms. And it is a storm.

At some point, after the hearing, my desire eventually shifted to be about letting the anger go, heal, forgive, and move on.

However I end up finalizing things in my head, what will never change is the decision and the gifts in the decision that I hope will make education a safer place for children to learn and grow. People assume that schools are safe for all children. The reality is that they are not. Not all children.

In the article by the Vancouver Sun, 2013, Parents in Conflict with Schools Need Advocates, Grieving Mother says, the coroner made recommendations.

From the article:

Here are the coroner’s recommendations to the Education Ministry:

– Introduce a flagging system for all student files where a child is diagnosed with a mental-health problem.

– Complete comprehensive reviews to determine lessons learned after the death of a student by suicide.

– Develop policy so that any pertinent document — including emails — be placed in a student’s file.

– Ensure all decisions regarding expulsion or withdrawal from class be provided to parents for input before a final decision by a school board.

If number 1 & 3 were followed, my daughter’s case never would have happened. It was preventable.

I am not completely done with the system. I am now going through the process of the system again. This time for my son.

I hope this decision is an advocacy tool and human rights education opportunity for parents.

Student (by Parent) v. School District BCHRT 237

Here are the gifts I see in this decision.

Meaningful inquiry

[99] Next, in B v. School District, 2019 BCHRT 170, the evidence supported that the school district provided the child with the recommended supports and accommodations. The Tribunal found that it was “only with hindsight” that it was possible to say that the child could have benefited from more support: para. 81. It dismissed the complaint in part because there was insufficient evidence to demonstrate that the school district reasonably ought to have known that the child required more: para. 98. In contrast here, I have found that the District had sufficient information to trigger some kind of inquiry or response beyond asking the Student how she was doing and, assuming the counsellor did this, advising of available supports.

[100] In short, I agree with the District that the Parent and Student were obliged to bring forward information relating to accommodation. The Parent did that, when she communicated that the Student had anxiety and trichotillomania and that school was taking a significant toll on her physical and mental health. That information should have been enough to prompt a meaningful inquiry by the school to identify what was triggering the Student’s symptoms and what supports or accommodations may be appropriate to ensure she was able to meaningfully and equitably access her education. The failure to take that step was, in my view, not reasonable. As a result, the disability-related impacts on the Student, arising from conditions in her Language 10 class between April 24 and June 27, 2019, have not been justified and violate s. 8 of the Human Rights Code.

[104] In sum, I have found that the conditions in the Student’s grade 8 Language 10 class exacerbated the Student’s anxiety and trichotillomania, and that the District failed to take reasonable steps to investigate and address those conditions during the period between April 24, 2019, and June 27, 2019 (the last day of school). I find this is a violation of s. 8 of the Human Rights Code, and warrants a remedy, which I address below.

Around self-advocacy for children with invisible disabilities:

[90] Generally, it is the obligation of the person seeking accommodation to bring forward the relevant facts: Central Okanagan School District No. 23 v. Renaud, 1992 CanLII 81 (SCC), [1992] 2 SCR 970. This can be challenging for children, and especially challenging for children with invisible disabilities. I agree with the Parent that children who require accommodation in their school are in a different situation than adults seeking accommodation. Though they have a role to play in the process, that role will be age and ability-specific, and the burden cannot be on a child to identify and bring forward the facts necessary for their accommodation.

IEP – For a Child with Generalized Anxiety Disorder and Trichotillomania

[59] This ends the period of this complaint. However, it is important to note that, in the Student’s grade 11 year, the school developed an individual education plan, or IEP, for her. This IEP set out the Student’s strengths, learning preferences, and goals. It identified specific supports for the Student, including flexible due dates, ensuring the Student was not put on the spot in class, reducing workload whenever possible, providing a quiet learning environment, and frequent teacher check ins. It also established that the Student would meet bi-monthly with the school counsellor to work on her goals. The Student’s grade 11 counsellor explains that she saw the IEP as a way to reduce the burden on the Parent and to support the Student to advocate for herself. From the Parent’s perspective, this was a welcome development that should have been done much sooner.

[7] In this case, there is no dispute that the Student has disabilities, namely generalized anxiety disorder accompanied by trichotillomania (hair pulling). She is protected under s. 8 of the Human Rights Code from discrimination in her education. This complaint is about the Parent’s allegation that the symptoms of the Student’s disabilities were exacerbated in grades 8 and 9 because of her experience in Language 10 and Language 11, and that the District failed to accommodate her disability-related needs in those classes.

** Even without a designation at the time, she is still protected under the Human Rights Code.

Mental Health Stigma – Failure to Identify Diagnosis

[34] The Parent did not see this email at the time. From her perspective, the email was not adequate to appropriately communicate the scope of the Student’s school-related needs. It did not fully communicate what the Parent had told the counsellor, and what she had expected would be passed along to the teachers. She felt it was also not realistic to think that the Student would approach a teacher and ask to be excused; in fact, this was not an option that it seems the Student ever exercised. In the Parent’s view, the failure to identify the Student’s diagnoses perpetuated the silence and stigma of mental health and undermined the Student. The message contrasts, for example, with the communication that the Parent sent to the Student’s teachers at the start of her grade 9 year, which said:

Communicating and providing evidence of a diagnosis

[13] In light of the Student’s barriers in advocating for herself, the adults in her life have had to take on a more proactive role. The Parent’s open and active communication has been critical to ensuring that the Student’s needs are recognized and met in school. Throughout the Student’s education, the Parent has let her schools know about her disabilities, and that she may require monitoring because she is unlikely to proactively seek the support she needs.

[14] There is no dispute that, due to the Parent’s advocacy, various individuals within the School District were aware of the Student’s diagnoses before and during the period of this complaint. For example, in the spring of grade 7, the Parent provided the elementary school with a note from the Student’s psychiatrist confirming that the Student had a “long-standing diagnosis of General Anxiety Disorder”. At the Parent’s request, this note was placed in the Student’s school file.

** This is a very important aspect for parents to know, as this ensures that a district has a duty to accommodate.

January 18, 2024
Enter Our 50/50 draw to Support Our Work!
Do you love the thrill of a good contest? Are you passionate about supporting noble causes? Then we have the perfect opportunity for you. We’re hosting a 50/50 raffle contest where you can support our work while winning the best prize of all – cash! The best part? You can participate right from the comfort of your home. But don’t delay – this draw is on until October 22nd and the draw will take place at the end of AdvoCon2023!

GET YOUR RAFFLE TICKETS

The Raffle Contest

The concept of a 50/50 raffle contest is simple yet exciting. Participants purchase tickets, and the total amount collected is split into two halves.

One half forms the prize money, while the other half goes towards supporting the organization. The winner of the raffle contest gets to take home half of the total money collected, making it a win-win situation for everyone involved.

Purchasing Tickets

Getting your hands on the raffle tickets is a straightforward process. You can purchase them online, allowing you to participate in the contest from anywhere. There are three ticket packages available:
- Single Ticket for $5
- 3-Ticket Pack for $10
- 10-Ticket Pack for $25
The more tickets you buy, the better your chances of winning. Plus, by purchasing more tickets, you’re providing greater support to the organization.

How to Purchase

Are you ready to join the contest? All you need to do is click on the ‘buy now’ link and follow the instructions. Choose the ticket package that suits you best. Remember, the deadline for purchasing tickets is October 22nd. Don’t miss out on this opportunity to win big while supporting a worthy cause.

Buy now

Make a Difference

By participating in this raffle contest, you’ll not only have a chance to win big but also make a significant difference for children and youth with disabilities. The funds collected will be used to support the initiatives of BCEdAccess, making a direct impact on the lives of those who need support. So why wait? Join the contest, spread the word, and let’s make a difference together.
October 18, 2023
Message from the Chair of BCEdAccess on Truth and Reconciliation Day

Dear Community Members and Allies,

Truth and Reconciliation Day is an opportunity for us as settlers to listen and learn. It is because of the labour of survivors that we have the opportunity to understand the profound impact of residential ‘schools’ on Indigenous Peoples and their communities across Canada. This day serves as a sombre reminder of the atrocities perpetrated by the colonisers of these unceded lands on Indigenous children and their families. The intergenerational trauma is exacerbated by ongoing harm caused by the child welfare system and anti-Indigenous racism in society.

Education is a colonial project, which was designed to exclude and to sever Indigenous children and youth from their language and culture. At BCEdAccess, we are committed to enacting and advocating for the enactment of the 94 Calls to Action from the National Truth and Reconciliation Commission. Because the purpose of these policy recommendations is to acknowledge the horrific history of the residential schools system and create systems to prevent these abuses from ever happening again, we also accept the importance of our role as a non-profit society in holding different systems to account.

Only 12 or 13 of the 94 Calls to Action have been enacted, since their release in 2015.

The following are Calls To Action specific to Education, none of which have been enacted to date:

6: We call upon the Government of Canada to repeal Section 43 of the Criminal Code of Canada.

(From this section: Every school teacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.)

7: We call upon the federal government to develop with Aboriginal groups a joint strategy to eliminate educational and employment gaps between Aboriginal and non-Aboriginal Canadians.

8: We call upon the federal government to eliminate the discrepancy in federal education funding for First Nations children being educated on reserves and those First Nations children being educated off reserves.

9: We call upon the federal government to prepare and publish annual reports comparing funding for the education of First Nations children on and off reserves, as well as educational and income attainments of Aboriginal peoples in Canada compared with non-Aboriginal people.

10: We call on the federal government to draft new Aboriginal education legislation with the full participation and informed consent of Aboriginal peoples. The new legislation would include a commitment to sufficient funding and would incorporate the following principles:

-Providing sufficient funding to close identified educational achievement gaps within one generation.

-Improving education attainment levels and success rates.

-Developing culturally appropriate curricula.

-Protecting the right to Aboriginal languages, including the teaching of Aboriginal languages as credit courses.

-Enabling parental and community responsibility, control, and accountability, similar to what parents enjoy in public school systems.

-Enabling parents to fully participate in the education of their children.

-Respecting and honouring Treaty relationships.

11: We call upon the federal government to provide adequate funding to end the backlog of First Nations students seeking a post-secondary education.

12: We call upon the federal, provincial, territorial, and Aboriginal governments to develop culturally appropriate early childhood education programs for Aboriginal families.

62: We call upon the federal, provincial, and territorial governments, in consultation and collaboration with Survivors, Aboriginal peoples, and educators, to:

Make age-appropriate curriculum on residential schools, Treaties, and Aboriginal peoples’ historical and contemporary contributions to Canada a mandatory education requirement for Kindergarten to Grade Twelve students.

63: We call upon the Council of Ministers of Education, Canada to maintain an annual commitment to Aboriginal education issues, including:

-Developing and implementing Kindergarten to Grade Twelve curriculum and learning resources on Aboriginal peoples in Canadian history, and the history and legacy of residential schools.

-Sharing information and best practices on teaching curriculum related to residential schools and Aboriginal history.

-Building student capacity for intercultural understanding, empathy, and mutual respect.

-Identifying teacher-training needs relating to the above.

64: We call upon all levels of government that provide public funds to denominational schools to require such schools to provide an education on comparative religious studies, which must include a segment on Aboriginal spiritual beliefs and practices developed in collaboration with Aboriginal Elders.

65: We call upon the federal government, through the Social Sciences and Humanities Research Council, and in collaboration with Aboriginal peoples, post-secondary institutions and educators, and the National Centre for Truth and Reconciliation and its partner institutions, to establish a national research program with multi-year funding to advance understanding of reconciliation.

Holding the BC Education system accountable for this work is paramount if we aim to make our education system more equitable and accessible to all—students, staff, and families alike.

Our Organisation- Truth and Reconciliation

At BCEdAccess, our commitment to the principles of Truth and Reconciliation is unwavering.

Our Board is dedicated to continuous learning, both individually and collectively, so that each iteration of leadership remains aligned with these values.

We prioritise promoting educational resources directly from Indigenous-led organisations, such as information on Jordan’s Principle and BC’s new First Peoples graduation course.

We follow and amplify content from Indigenous creators to uplift Indigenous voices and perspectives. We feature paid Indigenous speakers at our annual education advocacy conference and various events throughout the year to create opportunities to share invaluable Indigenous knowledge with our community.

We strive to have a proactive recruitment approach with a focus on outreach to Indigenous organisations and an inclusive onboarding and working experience.

Some actions you can take beyond Truth and Reconciliation Day

Read the reports from the National Centre for Truth and Reconciliation:

Reports

Follow Indigenous folks on social media – broaden your feed and learn what meaningful action looks like from them.

Take action through the year:

https://oncanadaproject.ca/settlerstakeaction

Image below is a heart made of handprints in different colours on an orange background. This design was created and is shared by Kwakwaka’wakw and Coast Salish artist Carey Newman/Hayalthkin’geme.

This design was created and is shared by Kwakwaka’wakw and Coast Salish artist Carey Newman/Hayalthkin’geme.

September 30, 2023
AdvoCon2023 is around the corner!

Dive into AdvoCon2023 at earlybird prices!

Get Tickets Here

You can feel the excitement with just a few short weeks until AdvoCon2023! We’ll be diving deep into the theme of Breaking Barriers Together with our conference partner BC People First and we can’t wait to welcome you!

AdvoCon2023: Breaking Barriers Together, presented by Title sponsor

Kwantlen Polytechnic University logo

A Hybrid Event On Self-Advocacy and Disability in Education

Hosted by BCEdAccess and BC People First

Thursday, October 19th to Sunday, October 22nd on Whova

and

October 21st and 22nd at Simon Fraser University Surrey Campus, and broadcast on Whova

FEATURING:
– Minister of Education and Child Care the Honourable Rachna Singh

– Parliamentary Secretary of Accessibility Susie Chant

– BC Ombudsperson Jay Chalke

– Human rights lawyer Laura Track

– Teachers of Inclusive Education

– Margaux Wosk, Jo-Anne Gauthier, Conrad Tyrkin, Ackshay Sachdeva, Sherwin Strong, Anne Turner, Sharon Gregson, MLA Katrina Chen, and so many more!

View the full agenda and speakers:

https://atomic-temporary-88612101.wpcomstaging.com/advocon2023/

Early bird discounts are flying away October 1st so:

Get Tickets Today!

September 27, 2023
The Transformative Power of Community

We continue to share posts from parents and guardians like you. Reach out if you have a story to tell! Today’s blog is from a parent who wants to encourage other parents, and other disabled people, to connect with your community. They share about the transformative power of events like our upcoming AdvoCon2023 and other conferences and gatherings where you can discover other people who truly ‘get’ you and your experience.

EMPOWERED BY COMMUNITY

I know what it feels like to be in a room with 100 people and feel utterly alone.

I also know what it feels like to meet a complete stranger who has the same disability as me and make a heartfelt connection in an instant. To feel completely seen and heard. To heal.

One of the impacts that disability can have on someone’s life is isolation. Ableism ensures and enforces it daily. I was taught by society I needed to overcome my disability and be like everyone else in order to be accepted, to belong, to connect with people. When the overcoming part couldn’t happen no matter how hard I tried, and I did try with all my might…all that internal ableism that was already embedded into me, solidified as self-hatred. I needed to find people who understood what I was experiencing. I didn’t have any adult role models. I didn’t know how else to continue. I tried and failed at everything else the professionals were telling me.

Everything that I was taught, that was so horrible about my disability and therefore myself since I was very little, I naturally believed. I then believed those horrible things about all the other people who had the same disability as me. I didn’t want to meet them. I didn’t want to be associated with them. I wanted to escape the label, hoping that therapy would work. I wanted to run as far away from all of them as possible. But, then I hit rock bottom. I was desperate. I had to face what I have been avoiding and fearing my whole life.

Meeting my community has fundamentally changed my life. They are why I am still here. Period. I love them all. I have accepted and embraced all of the beautifulness, the pain, the adversity, the hope, the persistence and love that we all embody and I have swallowed all of it whole. Seeing my own disability reflected in front of me is no longer painful or embarrassing, but healing and beautiful.

The first time I met someone just like me, I went home and cried for hours. Woke up the next day and felt like I lost 10 pounds of emotional weight. I woke up to a new life. Acceptance is life altering. The resistance melts away, and what is left, is just truth.

When I met and embraced my community for all that it was, and wasn’t yet, I embraced advocacy.

I see many people struggle with the concept of advocacy being a lifelong way of being. As parents, we struggle with the acceptance piece that advocacy is not temporary. Please let it just be something wrong with this particular person or situation! But it’s not individual. It’s systemic. In the lifetime of our children, it will be the next issue, the next issue, and then the next issue. It’s never going to end. As their needs develop, so will our advocacy, but advocating is a long-term skill that evolves and grows and becomes a part of our way of interacting with people, not just a short-term temporary problem.

I have evolved as an advocate. It’s amazing to me, how much of my own emotions are connected to how I express myself as an advocate. Fear, unresolved trauma, desperation, loss of control, anger, but also empowerment, self-expression, care, creativity, connection, forgiveness, and belonging.

I am the advocate I am today because of the connections I have made in the disability community. I have invested myself into those relationships and given back everything I have received over decades.

It takes facing the fear and reaching out. Attend a support group. Attend a conference. Because you can be in a room with 100 people and feel utterly alone. Or, you can take a risk and make a heartfelt connection, risk vulnerability, and communicate the words to another person that you have never said before, “me too”.

September 26, 2023
Media Release: Exclusion Tracker Report 2022-23 Reveals Alarming Trends In Patterns Of Exclusion
FOR IMMEDIATE RELEASE
September 13, 2023
Latest BCEdAccess Exclusion Tracker Report Reveals Alarming Trends in Patterns of Exclusion

13Sep2023-Media-Release-Exclusion-Tracker-Report-BCEdAccess-1Download

Exclusion-Tracker-2022-23-5Download

VICTORIA, BC – The BCEdAccess Society has released its 2022-23 Exclusion Tracker Report, the 5th
year tracking the exclusion of disabled students from K-12 education in British Columbia. The new report
highlights alarming trends around nursing supports and physical care, Kindergarten exclusion, exclusions
lasting over 4 months, and the continued use of restraint and seclusion on disabled children.

Executive Director Tracy Humphreys stated, “This report is a wake-up call. The data clearly shows we
cannot wait any longer to address these systemic issues head-on. Every child has the right to equitable
access to education, and access delayed is access denied.” She went on to remind school districts and
independent school authorities that under the Accessible BC Act, they should all have accessibility plans,
along with a committee and a feedback mechanism, to identify and address barriers to access. Many do
not yet have one or all of these things in place, and the root causes of exclusion are barriers that need to
be reduced or eliminated.

BC School District Accessibility Plans

The report highlights the following issues that stood out from the 2022/23 data:

Disproportionate Impact on Vulnerable Groups: The data confirms that disabled students who are
Black, Indigenous, People of Colour, 2SLGBTQ+, and from low-income backgrounds face compounded
barriers due to systemic racism, ableism, and other forms of discrimination.

Alarming Rise in the Length of Time Students are Excluded: The 2022/23 data indicates a significant
surge in exclusions lasting over four months, suggesting a concerning trend of normalizing exclusion.
Restraint and Seclusion Concerns: Reports continue to come in of the use of restraint and/or seclusion
on disabled children, practices with severe psychological and sometimes physical repercussions.
Issues with Nursing Support and Physical Care: Recent changes in Nursing Support Services have
led to increased exclusions, particularly affecting students with physical disabilities or chronic health
impairments.

Kindergarten Exclusions: Kindergarten and grade 1 students are being excluded at higher rates than in
the first couple of years of tracking, impacting their academic progress and social development.

BCEdAccess Chair Nicole Kaler stated, “Our province is at a critical juncture. The findings of this report
should prompt urgent action.” She noted that BCEdAccess meets with Ministry of Education and Child
Care staff on a regular basis and efforts are made to address barriers to access for students but current
legislation and policy does prevent a lot of resolution to individual issues. “The Minister of Education and
Child Care is aware of the Exclusion Tracker and several school district boards have seen our
presentation on the Tracker data which includes suggested solutions.”

A concerned parent shared, “It’s heartbreaking to see my child being left behind. We need immediate
action to ensure that every child has the support they need to succeed in school.”

70 students chose to fill out the optional section where BCEdAccess asked 3 questions:
1. Tell us about how you were excluded:
  “I missed the year end waterslides event and a walk to the ice cream shop because I got mad” – 7 year
  old student with ADHD, lower mainland BC
  “I get yelled at all the time, even by grownups. I know I did some wrong things but they always blame me
  even when it wasn’t me. Then I get sad and scared. I used to have a helper, even in Gr1. Why can’t I
  have a helper?” – 9 year old autistic student, central coast, BC
  “I didn’t want to go to school anymore because I would keep getting bullied. No one cares about me. They
  want me to get hurt.” – 8 year old autistic student, central BC.
2. Did anyone at school talk to you about why you were being excluded?
  Just over half responded no to this question.
3. What do you hope will happen now?
  “I hope my new school will have nice kids and I will be safe. If not, I will try and protect myself.” – 8 year
  old autistic student, lower mainland BC
  “That my class will do things I can do and not leave me behind.” – 9 year old physically disabled student,
  central coast, BC
  “I want to stay in [new teacher’s] class, I like to go outside and play with my friends, I don’t want to go in
  the room again..” – 5 year old student waiting for assessment, northern BC
  BCEdAccess urges media, policymakers, and the public to engage with the findings of this report and join
  the movement towards a more inclusive and equitable education system. The full report is available on
  the BCEdAccess Exclusion Tracker web page:
  https://bcedaccess.com/exclusion-tracker/
  Media Contact:
  Tracy Humphreys, Executive Director, BCEdAccess Society
  Phone: 1-250-858-5165
  Email: tracy@bcedaccess.com
  Social media: @bcedaccess
  Website: https://atomic-temporary-88612101.wpcomstaging.com
  
  About BCEdAccess Society:
  The BCEdAccess Society is an organization of families of children and youth with disabilities and complex
  learners all over the province of British Columbia. We champion and support children and youth who have
  disabilities and who are complex learners to reach their full potential in BC education, and in all aspects of
  their lives.
  This is achieved through families supporting families, sharing information, providing education to families,
  allies, professionals and students, providing community engagement and awareness, and other activities
  to promote equitable access to education and inclusion for all. We run a well respected annual
  parent/guardian advocacy conference, bringing together families, self-advocates, educators and allies of
  children and youth with disabilities. We also do research into the exclusion of students with disabilities
  from school and community, and other disability issues impacting children and youth. We advocate to
  local and provincial government on behalf of families to improve accessibility in all aspects of the lives of
  children and youth with disabilities.
  – END –
September 13, 2023
Your Voice Matters: Back To School and the Exclusion Tracker

Back to school time is not always easy for disabled students and their families. If you’re a parent or guardian, we have a post for back to school to help you work through some of the anxiety:

8 Things To Do For Back To School

The reality is that while most British Columbia schools are back in session today, not everyone gets to return with their peers.

Some families have already been asked by their child’s school to keep them home – for today, the week, or longer, as they are not prepared to welcome them back to school yet.

Others have been asked to only bring their kids for part of the day – again, for days, weeks, or indefinitely.

Schools are struggling with education assistant and even teacher shortages, and may have other reasons to make this request. Still, access delayed is access denied, and disabled students have the right to attend school, like every student.

Our exclusion tracker data from last year shows an increase in Kindergarten student exclusions, and exclusions lasting over 4 months!

Look for our 2022-23 School Exclusion Tracker Report, releasing in the second week of September.

Our new School Exclusion Tracker is live:

2023-24 School Exclusion Tracker

Report your exclusion if you are a K-12 student, or report on the exclusion of your child/youth from their edcuation if you are their parent/guardian.

The definition of ‘exclusion’ is left to you when you report – it might be not being allowed to attend full days, or not having the support needed to access the curriculum, or many other experiences.

This survey also takes you through the path back to inclusion – steps you can take to advocate for better inclusion.

And it offers the opportunity for student feedback – a place for your child/youth to provide their feedback in a section just for them.

We have an optional section where we collect demographic information about your child’s and your family’s identity under different protected classes. We share the resulting data to show the disproportionate impact of exclusion on certain oppressed groups.

RESOURCES

We also have a number of resources, both ones we have created and really great resources from other organizations:

Advocacy tips and the complaints process

Duty to accommodate

How to write an advocacy email

P arent Handbook On Inclusive Education

You can find more information on our

Resources Page

If you want to advocate for systems change, we have a new page dedicated to the Accessibility Plans for each school district. Districts also have to have a feedback mechanism and we encourage you to report barriers to accessibility to them.

District Accessibility Plans

The province has a feedback mechanism too – report things that are provincial in nature to them here:

Provincial Accessibility Feedback

Back in 2017, Executive Director Tracy Humphreys met with then-Education Minister Rob Fleming, and said,

“One day I’d like to come here to talk about the quality of education for disabled students, but I’m still trying just to get them through the door.”

6 years later, we try to cover education quality too – but we’re still very focused on addressing the root causes of exclusion. Thankfully, there are many organizations we’re fortunate to be supported by and to work with who are providing individual advocacy support, and doing systemic advocacy for change:

ADHD Advocacy Society of BC

B C Complex Kids Society

British Columbia Confederation of Parent Advisory Councils (BCCPAC)

Down Syndrome BC

Dyslexia BC

Family Support Institute of BC

Inclu sion BC

Inspire Kids FASD

Share any other helpful organizations in the comments below! We’d like to update our Resources page with more disability-specific organizations that do individual advocacy support, and systems advocacy in K-12 education.

Finally, please follow us on social media platforms @bcedaccess. We do so much more than systems advocacy! We have an annual advocacy conference in October, AdvoCon2023, and events through the year. We offer workshops and presentations, a peer support group, online social groups for kids, and more. Reach out! tracy AT bcedaccess DOT com

September 5, 2023
A New Era of Accountability for BC School Accessibility
We are excited to announce the launch of our permanent page dedicated to British Columbia School District Accessibility Plans.

BC School District Accessibility Plans

This page will be a one-stop resource for all information related to the accessibility plans, committees, and feedback mechanisms of British Columbia School Districts and Independent School Authorities. As part of our ongoing work around action for equitable access to education, we have created this page to provide a comprehensive and up-to-date overview of the current status of accessibility plans in K-12 education across the province, and an easy-to-access link to your own school or district’s plans so you can get involved.

The Accessible BC Act requires 750 prescribed organizations, including all BC school districts and independent school authorities, to have the following in place by September 1, 2023:

An accessibility plan

An accessibility committee

A feedback mechanism for the public to identify barriers and give feedback on district plans

Accountability is important and the requirements of prescribed organizations such as school districts set out in the Accessible BC Act will be monitored and reviewed by the BC Accessibility Secretariat under Parliamentary Secretary Chant. Learn more from her and her staff as well as many other great speakers at our fall conference:

Get earlybird tickets now!

Our new permanent page provides a detailed summary of the plans as of September 1, 2023, with notes about the requirements and where each of them stand. It’s the first in a planned suite of pages by BCEdAccess about accountability mechanisms in the Ministry of Education and Child Care.

The Accessible BC Act has it’s limitations, and BCEdAccess has some concerns. Disability Alliance BC co-produced a submission back in 2021 with other disability support organizations with many good points, some of which are now being addressed.

2021 Submission

In addition, specific to the Ministry of Education and Child Care, we have some questions:
- How are disabled students and staff going to have meaningful input into these plans?
- When are the prescribed organizations expected to be fully compliant with the Act?
- What kind of response can be expected when feedback is provided?
- What will the timeline be to respond?
- How do human rights obligations tie into all of this? Access delayed is still access denied.
- Will there by any consequences once standards are in place, or are students, families and staff still only able to rely on the current, bottom-up complaints and appeals process?
Executive Director Tracy Humphreys is on the Accessible Serv ice Delivery Standard Technical Committee, where representatives meet for a half-day monthly to discuss a range of factors that can create barriers, and develop recommendations for the Provincial Accessibility Commimttee.

We encourage visitors to use the feedback mechanisms listed on the page for each School District and Independent School Authority, to let them know when there are barriers to accessibility – and when they are doing things right.

We invite you to visit our permanent page for BC School District Accessibility Plans and share it with your network. Your involvement is crucial in promoting accessibility in our schools. If you have more information or links that could be helpful, please reach out to tracy@bcedaccess.com.

BC School District Accessibility Plans
September 1, 2023

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