Students with Disabilities

On November 30, 2004, the Ontario Human Rights Commission released “Guidelines on Accessible Education” to help educational institutions, teachers, parents and students better understand the duty to accommodate students with disabilities in Ontario’s schools, colleges and universities.

Speaking to an audience of parents, educators and advocacy groups in Toronto, Chief Commissioner Keith Norton noted, “These guidelines are the result of extensive consultation with many people who work daily to meet the needs of students with disabilities.”

The Commission began this public consultation with the release of a discussion paper in July, 2002. Approximately 50 presentations were made to the Commission at public hearings held across the province that fall, and over 100 written submissions were received.

In October, 2003, the commission released its consultation report, entitled “The Opportunity to Succeed: Achieving Barrier-free Education for Students with Disabilities.” The report canvassed human rights issues that arise in the provision of education to students with disabilities and outlined actions to promote compliance with Ontario’s Human Rights Code and Commission policy.

Through the consultation process, the Commission was also able to determine areas where it could provide guidance to assist the education sector in better understanding rights and obligations under the code. To this end, the Commission met its commitment to develop “Guidelines on Accessible Education” as a companion to its consultation report.

The guidelines set out the Commission’s interpretation of how Ontario’s Human Rights Code applies to the provision of educational services for students with disabilities. Through practical examples and checklists, the guidelines outline steps in the accommodation process and clarify a number of issues, including: principles of accommodation; creating a welcoming environment; guidance on determining the most appropriate accommodation; benefits of accommodation planning; as well as the roles and responsibilities that everyone shares in the duty to accommodate.

It is the Commission’s intention that the guidelines will help reduce disputes and prevent discrimination through timely removal of barriers, and provision of assistance and supports so that students with disabilities have an equal opportunity to succeed in Ontario’s education system.

The “Guidelines on Accessible Education” and the consultation report are available on the Ontario Human Rights Commission’s website at www.ohrc.on.ca.

ROLES AND RESPONSIBILITIES IN THE ACCOMMODATION OF STUDENTS WITH DISABILITIES

Adapted from “Guidelines on Accessible Education,” November, 2004

The student with a disability (or his or her parent/guardian) has a responsibility to:

- advise the education provider of the need for accommodation related to a disability;

- make his or her needs known to the best of his or her ability;

- answer questions or provide information regarding relevant restrictions or limitations, including information from health care professionals, where appropriate, and as needed;

- participate in discussions regarding possible accommodation solutions;

- cooperate with any experts whose assistance is required;

- fulfill agreed upon responsibilities, as set out in the accommodation plan;

- work with the education provider on an ongoing basis to manage the accommodation process; and

- advise the education provider of difficulties they may be experiencing in accessing educational life, including problems with arranged accommodations.

As a party to the accommodation process, the education provider has a responsibility to:

- take steps to include students with disabilities in in-class and extracurricular activities;

- advise students, or their parent(s)/guardian(s), of available accommodations and support services, and the process by which these resources may be accessed;

- accept a student’s request for accommodation in good faith (even when the request does not use any specific formal language), unless there are legitimate reasons for acting otherwise;

- canvass various forms of possible accommodation and alternative solutions, as part of the duty to accommodate;

- obtain expert opinion or advice where needed, and bear the costs of any required disability-related information or assessment;

- maximize a student’s right to privacy and confidentiality, including only sharing information regarding the student’s disability with those directly involved in the accommodation process;

- limit requests for information to those reasonably related to the nature of the need or limitation, and only for the purpose of facilitating access to educational services;

- deal with accommodation requests in a timely manner;

- ensure that the school environment is welcoming and that all students treat one another with respect;

- take immediate remedial action in situations where bullying and harassment is or may be taking place; and

- educate all faculty, staff and students about disability-related issues.

The guidelines also highlight that education providers should review the accessibility of their facilities and services as whole, remove identified barriers, and prevent barriers through inclusive design. Unions and third-party education providers also have a responsibility to facilitate accommodation efforts.