Lawyers to question finding that claims schools' failure to meet children's needs is discrimination
The plight of students with severe learning disabilities will go before a B.C. court today as government lawyers challenge a human-rights finding in 2005 that the failure of public schools to meet those children's needs amounts to discrimination.
The man who set the case in motion a dozen years ago said he regrets that the Ministry of Education and the North Vancouver school board are resisting a B.C. Human Rights Tribunal order to identify and support all students with severe learning disabilities.
"It's a shame, really, that the ministry and the board felt they had to appeal because it just means a further delay in implementing the tribunal's decision and that will result in many more learning-disabled children falling by the wayside," Rick Moore said in an interview.
Read the story here: I will be posting updates on the outcome.
Suffice to say there has been to my eyes little or no improvement in the funding and implentation situation by both the government and school boards (who always hide behind the govt funding argument, but need to be made accountable for the lack of provision for Learning Disabilities). There was a recent round of cuts which will impact on Learning Assistance services.
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My one comment would be that failure to meet the needs of those with "disability" is not a case of discrimination... the schools fail to meet the needs of all students equally regardless of developmental challenges or lack there of. ;o). Of course I am poking fun at the Ministry.
In all seriousness, the failure to deploy supports and interventions for students who are not typically developing can ONLY be a case of discrimination… or incompetence (negligence). It is ludicrous that they are arguing that they do not need to provide educational supports and services for those with identified educational needs and that they are not obligated to work to identify those needing such supports. I am sick that they did not do the right thing when they had the chance… and sicker now that they seem intent to continue to avoid doing the right thing. Minster Bond and her flunkies should hang their heads in shame. She is the head puppet master… she is where the “buck stops”. She is responsible and needs to be held accountable in the next round of elections. This sort of policy of ”pass the buck” needs to stop. Students pay the price by not having appropriate supports and services provided… and ultimately society pays the price when frustrated and defeated children drop out after years of struggle. We are failing our most vulnerable… time to step up Minister Bond and take this one on the chin… do the right thing and fund appropriate supports, services and assessment.
Dave.
Indeed. It's even stranger when you consider the astronomical cost of this lawsuit. The govt must pay lawyers etc. All that money could have paid what's due (and is but a token of the costs they incurred) to the Moore family and the remainder could have purchased the keyboards, and other interventions/supports that children are currently denied.
I sincerely admire Jeffrey's parents for fighting this case.
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