The legal challenges regarding special education can become overwhelming due to the complexity of the law. For example, we are expected to maintain a hands off policy but we are also responsible for the safety of our students; ultimately it becomes a conversation about what amount of force is reasonable to protect students. Something that stuck with me during my undergrad was the term “in loco parentis” which in the context of the law, translates to “in the place of a parent.” Under the Education Act, principals and teachers have a duty to maintain order and discipline in their schools, and a responsibility to ensure the safety of the students under their care. This doctrine has been largely superseded by the doctrine of “parens patriae” which refers to teachers as agents or employees of the state. The legal repercussions of handling a situation incorrectly can be terrifying for teachers and lead to early dismissal. It is crucial that we familiarize ourselves with the charter principles and act accordingly.
The Charter of Rights and Freedoms (2019) ensures that all individuals have the right to education and Section 15 affirms that “every individual is equal before and under the law.” This provision empowers parents to advocate on behalf of their special needs student more effectively however, it is also very contentious due to limited resources. The human Rights commission guarantees the equal treatment in education and recognizes the IEP as a legal working document where all the accommodations and modifications listed are legal rights of the child. That being said, “students are not always provided with the appropriate accommodations and in some cases, falling victim to the various parties responsible for accommodation.” (Ontario Human Rights commission).
References:
Ontario Human Rights commission. Accommodating students with disabilities - Roles and responsibilities (fact sheet). (n.d.). Retrieved from http://www.ohrc.on.ca/en/accommodating-students-disabilities-roles-and-responsibilities-fact-sheet
Heritage, C. (2019). Government of Canada. Retrieved from https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html
Comments