write a letter to district education officer about the problems due to closure of educational institutions
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July 14, 2020
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The Honourable Stephen Lecce
Minister of Education
438 University Ave, 5th Floor
Toronto, Ontario M7A 1N3
Chairs of District School Boards
Directors of Education
School Authorities
RE: COVID-19 – Respecting the rights of students with disabilities
I am writing on behalf of the Ontario Human Rights Commission (OHRC).
We hope this letter finds you and your team safe and healthy, and we thank you for your ongoing efforts to provide continuity of learning for students during the COVID-19 pandemic.
The OHRC welcomes the June 19 announcement of the government’s School Safety Plan for the 2020 – 2021 school year, and understands that school boards will develop specific plans by late July based on this direction. In addition to this plan, we know that the Ministry of Education (MOE) has provided guidance to school boards on continuity of learning for students with special education needs.
The unprecedented closure of schools has been difficult for all students. The OHRC has heard from stakeholders that students with special education needs and other vulnerabilities have experienced unique and compounded challenges, that their circumstances have not consistently been considered and addressed, and that as a result, they have fallen even further behind than their peers. It is imperative that the MOE and school boards establish plans and programs to systematically and consistently address the needs of students with disabilities for the 2020 – 2021 school year. Some specific concerns have been raised in the context of the OHRC’s current Right to Read public inquiry into human rights issues affecting students with reading disabilities. We have also heard from members of the OHRC’s Education Advisory Group, as well as from disability rights organizations.
The OHRC released a policy statement on maintaining human rights during the COVID-19 pandemic, as well as a statement of actions that sets out various steps that governments, and those delivering government services, can take that are broadly consistent with a human rights-based approach to managing the COVID-19 pandemic. This letter provides additional and specific guidance from the OHRC on obligations under the Ontario Human Rights Code (the Code) related to the needs of students with disabilities.
Under the Code, students with disabilities have a right to meaningful access to the education that all other students receive. Education providers have a legal duty to accommodate the needs of students with disabilities who are adversely affected by a requirement, rule or standard. Accommodation is necessary to address barriers in education that would otherwise prevent students with disabilities from having equal opportunities, access and benefits.
Drawing from the OHRC’s principles and actions documents along with stakeholder feedback, this letter provides additional and specific guidance on obligations under the Code for students with disabilities experiencing barriers to at home learning and potential barriers resulting from modified classrooms in the 2020 – 2021 school year.
The OHRC is concerned about:
Technology
Personal contact
Professional services
Screening and assessment
Instruction
Specialized programming
IPRCs and IEPs and the duty to accommodate
Summer learning programs
Shared legal responsibility.
We recognize that you are already aware of many of these issues and that the situation is continually evolving. We acknowledge that the MOE, boards and other partners respond to issues as they arise. However, we are concerned that to date, there has been a lack of a systematic and consistent approach that takes into account the unique needs and vulnerabilities of students with disabilities and other Code-protected groups. It is imperative that the MOE and boards systematically and consistently address their needs when preparing plans and programs for vulnerable students for the 2020-2021 school year.
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