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BASIC ADVOCACY SKILLS
The purpose of this section of the web site is to describe some of the basic skills and knowledge that you will need to be able to advocate effectively on behalf of your child.
Learning to communicate effectively with teachers and other school personnel is one of the best ways to ensure that your child’s school is creating a good learning environment for your child, and to ensure that your child’s school is providing your child with the services or programs that he or she needs to succeed in school.
Not everyone starts out by being a good advocate. Many parents and guardians have faced challenges in getting their child’s health and education needs met. These parents must learn the skills they need to become good advocates for their children. If they do not learn these skills, their children may fail to get the help they need to achieve their dreams, and lead fulfilling lives.
Having your heart in the right place is very important, but only the beginning.
Developing your advocacy skills is the next step to becoming a more effective advocate.
This web site will...
Give you information, strategies and advice about how to become a better advocate for your child.
Help you develop your basic advocacy skills, so you can communicate more effectively with teachers, principals and the school board.
Provide information and connect you to resources on special education, suspensions & expulsions, and other topics related to your child’s education.
What are the Skills and Qualities of a Good Advocate?
A good parent-advocate...
Finds friends and people in the community who will help Knows his or her rights, and the rights of his or her child Knows how the system works Asks a lot of questions
Actively listens to what others have to say Is prepared and organized Thinks about what they want, and what they want to say Takes action, one step at a time, to make sure they get what is best for their child Communicates clearly and with confidence Is assertive, but respectful and polite
In the following sections of this web site, we provide you with the basic information you will need to begin to develop each of these skills and qualities.
Anyone can get involved in law reform. If you would like to get involved in making changes to the education system, there are national, provincial, and local advocacy groups that you can join.
In the Education & Advocacy Links section of this web site, we provide a list of some of the parent associations, and other organizations, working to change the education system in Ontario.
Why Should I Learn How to be a Better
Parent-Advocate?
Most often, there is no person better to advocate on behalf of children than their parents or guardians.
You are the best person to advocate for your child because...
You know your child better than anyone else
Not many people care as much as you do about your child
You are responsible for your child
If you don’t speak up for your child, who else will?
Thinking of Yourself as your Child’s Best Advocate
The following story was borrowed from the Advocacy section of the Ontario Association of Children’s Rehabilitation Services web site:
I remember being at a parent support meeting where we were introducing ourselves and hearing for the first time (when asked what she "did") a mother saying that she was her daughter’s advocate. I was very impressed and thought "Ya- that's what you call what I seem to be spending much of my time on lately".
I think at that moment I stopped thinking of myself as "just the mother" or "Mum" (as some professionals insisted on calling me—even though I was not their mother) and began to think of myself as "the advocate".
It gave me a certain feeling of dignity and helped put me on more of an equal footing with those professionals that I encountered. Even if that feeling of equality was only in my own mind, it was very powerful.
Thinking of yourself as your child’s advocate is the beginning of the process of becoming a good advocate.
You are Not Alone!
The first and most important thing you should know about advocating on behalf of yourself, or your child, is that you are not alone. Your friends, partners, other family members, and people who work with community organizations can help you.
Do I Need a Lawyer?
There are times when getting help from a lawyer is appropriate. On this web site, we will provide you with information about the situations in which you might need a lawyer...
for advice;
to argue on your behalf in a Tribunal or Court setting; or
to assist in preparing a human right’s complaint.
As mentioned, other people in the community can help you to understand your rights and the rights of your child.
If you think you need to talk a lawyer right now, and you cannot afford a lawyer, the following is a list of legal organizations that may be able to provide assistance. Clicking on the name of the organization will take you to their web site where you can find their contact information.
Legal Aid Ontario
Legal Aid Ontario (LAO) helps to provide legal services to low-income individuals and families. LAO runs a certificate program that provides legal vouchers to low- income people for a range of legal services in such areas as criminal law, family law, and immigration law.
If your child has been expelled from school , or you are a student that has been expelled you may be eligible for a LAO certificate. You can take this certificate to a lawyer to pay for legal services.
Hamilton’s Community Legal Clinics
Hamilton’s community legal clinics are funded by Legal Aid Ontario to provide legal services for low-income individuals and families. The lawyers and legal workers at these clinics do not get directly involved in education law issues. The clinics can, however, help you to find support and advice by directing you to other community agencies that provide assistance and information to parents. They may also be able to assist you in filing a human right’s complaint with the Ontario Human Rights Commission.
Justice for Children and Youth
Justice for Children and Youth (JFCY) is a specialty legal clinic located in Toronto that deals with legal issues of children and youth.
The Child Advocacy Project
The Child Advocacy Project (CAP) is a registered project of Pro Bono Law Ontario. The purpose of CAP is to defend the education rights of children and youth across Ontario. The volunteer lawyers who take CAP cases are experienced and trained in Education Law.
CAP lawyers provide free legal services to:
Students who are involved in the Special Education process
Children and youth who are at risk of being suspended or expelled
Children and youth who are being denied the right to enroll in school
The Office of the Children’s Lawyer
The Office of the Children's Lawyer is a law office in the Ministry of the Attorney General that delivers programs on behalf of children under the age of 18 with respect to their personal and property rights. Lawyers with the office will assist in the representation children in various areas of law including education law.
A support person can be a friend, family member, or a person who works for a community agency.
How Do I Find People in the Community to Support Me?
Step #1:
Contact a friend or family member who you can talk to, and who will come to meetings with you.
Step #2:
Make some phone calls to community agencies and services in the community. People who work for community agencies often are aware of other services available in the community. Ask them what services they can provide. Ask them if they know of anyone else who may be able to help.
Step #3:
Network with other parents and parent groups for mutual support. Talk to people and organizations in the community that share your concerns.
When trying to find a support person from a community agency, you may not call the most helpful person on the first try. Keep trying until you find someone that can help you.
Know Your Rights
In Ontario, the Education Act , along with other regulations and policies, define the education rights of children and youth as well as parents or guardians.
These rights include:
The right to a public education
The right to participate in decisions made about your, or your child’s education
The right to have decisions made and to be informed of decisions within legislated timelines
The right to request a review of decisions made about your child’s education
The right to appeal decisions made about your child’s education
On this website, we provide specific information on your rights and the rights of your child in two areas:
Special Education ; and
Suspensions & Expulsions.
In this section, we also provide information about other rights of children and youth in Ontario, including rights defined in the Canadian Charter of Rights and Freedoms and Ontario’s Human Rights Code.
Why do I Need to Know my Rights?
To make sure your child gets what he or she has a right to, teachers, principals, and other decision-makers need to know that you understand your rights, and that you have the resources and support you need to defend your rights and the rights of your child.
Defending one’s rights, or the rights of someone who cannot speak up for themselves, is not always easy. Though you or your child may be guaranteed certain rights by law, defending your rights can sometimes be a long, difficult, and expensive process.
The Canadian Charter of Rights and Freedoms is part of the Constitution of Canada and, as such, is part of the highest law in the country. The Constitution is referred to as “supreme” law, because it “has supremacy” or “takes precedence” over all other laws and policies made in the Canada. This means that the decisions and practices of the Ministry of Education, schools, and School Boards must be consistent with the rights enshrined in higher-ranking laws, including Ontario’s Human Rights Code and the Charter.
The Canadian Charter of Rights and Freedoms and Ontario’s Human Rights Code are discussed later in this section.
The Education Act
The Education Act is the main piece of legislation, or “statute”, governing public education in Ontario. This legislation provides authority for the creation of all of the main features of the education system. The Education Act sets in law the powers and responsibilities of the Minister of Education and School Boards, the authority of principals and teachers, and the rights and responsibilities of parents and students.
In the sections of this web site on Special Education and Suspensions & Expulsions, we include information on the specific rights related to these areas as set out in the Education Act and regulations.
You can read Ontario’s Education Act at the following link.
The Education Act
Regulations
Regulations can be understood as supplements to legislation which provide additional detail in a specific area.
Important aspects of the education system in Ontario are governed by Regulations. So, it is important for parents not only to know what is in the Education Act , but it’s Regulations as well.
For example, Regulation 181/98 under the Education Act sets out the process for deciding if a child is going to be identified as exceptional by a School Board. It also establishes the roles and rules for Identification, Placement and Review Committees (IPRCs), and the appeal process of IPRC decisions.
The following are links to some of the Regulations under the Education Act that may be of interest to parents and guardians. (“O. Reg.” stands for “Ontario Regulation”).
Identification and Placement of Exceptional Pupils – O. Reg. 181/
Special Education Advisory Committees – O. Reg. 464/
Special Education Programs and Services – R.R.O. 1990, Reg. 306
Suspension of a Pupil – O. Reg. 106/
Expulsion of a Pupil – O. Reg. 37/
Access to School Premises – O. Reg. 474/
School Councils – O. Reg. 612/
Ministry Policy
The Ministry of Education and local School Boards also make policy. Policies provide direction about how things should happen. Policy may take the form of policy statements, directives, guidelines, or memos that define the procedures and practices of schools and School Boards.
The Ministry of Education issues “Policy/Program Memoranda” (plural for memorandum, abbreviated “memo”) which set guidelines for School Boards, and outline procedures and practices. Policies do not have the legal force of Statutes and Regulations, but they are legally binding.
The following are links to some Ontario Ministry of Education Policies/Program Memoranda that may be of interest to parents and guardians. A more complete list is available on the Ministry of Education web site. (“PPM” stands for “Policy/Program Memorandum”).
Learning Disabilities – PPM 8
Early Identification of Children’s Learning Needs – PPM 11
Psychological Testing and Assessment of Pupils – PPM 59
Educational Programs for Pupils in Government Approved Care and/or Treatment Facilities – PPM 85
Residential Demonstration Schools for Students with Learning Disabilities – PPM 89
Development and Implementation of School Board Policies on Antiracism and Ethnocultural Equity – PPM 119
The Eaton Case
In 1995, the Court of Appeal for Ontario released a landmark decision on the education rights of children with disabilities.
The decision ended a three-year legal battle by Emily Eaton and her parents against the Brant County Board of Education to have Emily integrated into the regular class at her neighbourhood school.
In its decision, the Ontario Court of Appeal recognized that under the Canadian Charter of Rights and Freedoms, segregating children with disabilities in special classes against their parents or guardians’ wishes violates their equality rights under section 15(1) of the Charter.
This decision, however, was later overturned on appeal to the Supreme Court of Canada.
The following are links to articles describing the Eaton case and the court decisions.
Eaton Case-Court of Appeal for Ontario (1995)
Eaton Case-Supreme Court of Canada (1997)
The Ontario Human Rights Code
The Ontario Human Rights Code is a provincial law that guarantees everybody in Ontario equal rights and opportunities without discrimination in areas such as employment, housing and services.
The Code's goal is to prevent discrimination and harassment on the grounds of race, colour, sex, disability and age. In total, there are sixteen grounds mentioned in the Code.
Section 1 of Ontario’s Human Rights Code guarantees the right to equal treatment for all people living in Ontario. This includes the right to the equal treatment of new immigrants to Canada and children with special education needs.
According to Section 1 of Ontario’s Human Rights Code :
Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.
The following is a link to the Ontario Human Rights Commission web site. This web site includes a plain language guide to Ontario’s Human Rights Code.
Ontario Human Rights Code -Plain Language Guide
What is a Human Rights Complaint?
Some parents and guardians who believe that their child has not received appropriate services because of their race, sex, colour, disability, etc. have filed Human Rights Complaints with the Ontario Human Rights Commission.
If you believe your rights or the rights of your child under the Human Rights Code have been violated, you may want to file a complaint with the Ontario Human Rights Commission. The following link outlines the process for filing a human rights complaint with the Ontario Human Rights Commission.
Filing a Human Rights Complaint-OHRC
The Right to Exercise Your Rights without Reprisal
Section 8 of Ontario’s Human Rights Code guarantees the right of people in Ontario to claim their rights under the Code without reprisal, such as harassment or threats. This means that if you file a complaint about your child’s school or the School Board with Ontario’s Human Rights Commission, that any mistreatment of you or your child is a violation of your rights under the Code.
According to the Human Rights Code :
Every person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal for so doing.
Human Rights Settlement-Toronto District School Board
Another function of the Ontario Human Rights Commission is to investigate problems of discrimination in a community, and to encourage and coordinate plans, programs and activities to reduce or prevent the problem.
In July 2005, the Ontario Human Rights Commission initiated a complaint against the Toronto District School Board (TDSB). The complaint alleges that the TDSB had failed to meet its duty to accommodate racial minority students and students with disabilities in the application of discipline, including providing adequate
Know How the System Works
To advocate effectively for your child, you need to educate yourself about school policy and procedures.
The Chain of Command
Nobody begins fighting for his or her rights by going to the Supreme Court of Canada. There is a chain of command in the school, at the School Board, in the government, and in the courts. Parents and students should understand this chain of command.
Most of the time, it is a bad idea to write or call a superior official (a Superintendent of Education, or the Ministry of Education, for example) before you have done everything you can to work with the person directly responsible for your child’s education (the classroom teacher or the Principal of your child’s school, for example).
If you have done everything you can to work with the people most directly responsible for your child’s education, and your child’s needs are still not being met, it is a good time to go up the ladder, and to write or call, the next highest responsible person.
If you have tried to work with school personnel and are still dissatisfied, record in writing any problems that could not be resolved by working with the school personnel, and the efforts that you have taken to resolve the problem. This information may be sent in a letter to the Superintendent of Education responsible for the schools in your area, or to the Superintendent responsible for special education or school discipline issues. If the School Board cannot resolve the problem, you can contact the Ministry of Education.
It may be a good idea to talk to someone that works for an organization in your community, or your support person, before contacting the School Board or the Ministry of Education. They can help you to figure out what you need to say, help you to write a letter, or help to you to develop another strategy.
Your Child’s Education Team
Advocating for your child means being part of a team. The members of your child’s education team will include you, your child’s classroom teacher, and other school personnel.
The school personnel on your child’s education team will change, but you will always be a member of your child’s education team. This is why your role is so
important and why it is your responsibility to become an effective advocate for your child.
You should also think seriously about finding a support person who is willing to attend school meetings with you.
You and the other members of your child’s education team need each other; neither can do the job alone. Learning how to work as an equal team member will help to ensure the best services for your child.
