The Tribunal Application Paperwork
You can find a working filled-in Microsoft Word application Form 1 and 1C by clicking here. Make sure you hit 'enable maros' when opening so you can add your infomation and revise sections. This is your application so feel free to change any of the wording filled in that we have used in the past for other applications.
When you send your claim by email please add the following paragraph:
"I am filing a claim on behalf of my child to the HRTO based on disability in regards to the lack of services provided. The MOE has failed to provide accommodations, programs and services that my child needs due to their diagnoses of a severe learning disability."
Then attach your files in a PDF format.
If parents are concerned and they would like to ask more questions regarding the HRTO please feel free to call the Human Rights Legal Support Line at 1-866-625-5179. They are there Monday -Friday from 9-5 PM. This is a free call. They are there to offer you guidance and support.
Parents have up to one year to file their claims but we encourage you all to file no later than the 21st of April.
We need to move quickly.
When the HRTO receive your claim and if it is completely properly and completely you will receive a letter form the Justice Minster with a file #. Once this takes place the MOE will have 35 days to respond to your application, in writing. When you receive your response( letter from MOE) you can either accept it or tell the HRTO that the response that you received in unacceptable. Then they ( HRTO) will take over and proceed on your behalf.
Filling out the paperwork:
SECTION 1 - Enter your personal information.
SECTION 2 - Alternative Contact Information if desired.
SECTION 3 - Representative Contact Information - If you contact a Lawyer, Paralegal or Legal Support Center, please fill out this section as well as section A underneath.
SECTION 4 - Respondent Contact Information - The Respondent is "Her Majesty the Queen in Right of Ontario, as represented by The Ministry of Education". Please see filled in application for all details.
SECTION 5 - Grounds Claimed - Check DISABILITY.
SECTION 6 - Area of Alleged Discrimination - Check GOODS, SERVICES AND FACILTIES.
SECTION 7 - Location and Date
a) Did these events happen in Ontario? YES
b) In what city/town? Amethyst Demonstration School
c) What was the date of the last event? 19/02/2016
d) If you are applying more than one year from the last event, please explain why: LEAVE BLANK
SECTION 8 - What happened?
This is where you describe the discrimination. You can embellish upon what I have written or just use what I have and change the child's name. NOTE: a) For Deaf, replace Severe Learning Disability with Deaf , and b) For Native status children, you can add another discrimination level as directed from the Charter of Rights.
SECTION 9 - The Effect on You
a) Family, social, reduced focus on education/learning, financial (extra travel), time taken up to bring awareness to cause, time off of work, added stress.
b) State the fact that home school is not prepared nor equipped/trained to provide him the supports he needs to achieve the reading levels he will need to be successful in school. This is clear given that he was sent to a demonstration school with a reading level well below his grade level. This consultation is causing your child undue stress and lack of focus at school.
c) Point out that schools are not prepared to support your child effectively in the way that a demonstration school can.
d) FIRST YEAR STUDENTS: You can claim stress and duress in having to relocate your child back into the school they came from which was not able to teach them and did not have adequate training for instruction and use on assistive technology or an understanding on how to teach our children. Your child need the 2nd
year to finish learning how to properly advocate for oneself, self awareness, and a full understanding of their disability and how it works for them. Your child needs to read at or close to grade level. Their instruction and training is not finished.
e) SECOND YEAR STUDENTS: Your claim will be that the remainder of the school year was disruptive and full focus was not on the children and programming and your child was not able to focus as they were concerned about their future and the future of prospective students. The last 4 months of the school year which is so important to finesse and fine tune skills and increase reading grade level to the max capable this year has been reduced. If high school student, you should claim the need for an additional semester in order to bring the child back up to the level they would have received having the full focus of the second year.
f) NEW APPLICANTS: Your claim will be on the need to have access to the school as you have been denied that right when they shut down the application process.
SECTION 10 - The Remedy You are Asking For
a) Monetary Compensation - $800,000
Specialty boarding schools range from $56,000.00/yr to $160,000.00/yr without extra curricular activities, and transport. If unable to attend boarding school, the family would have to relocate to center where school is located which means lodging, food, and transportation would need to be calculated based on 5 years of instruction needed. Not sure if the programs are as specific as Amethyst Demonstration School, thereby extending the time needed at the other education
b) Non-Monetary Remedy
The Ministry of Education is to confirm the demonstration schools will stay open until clear concrete solutions are achieved and that can and will show the same type of support and education as the demonstration schools currently give our children. Support this by restarting the PCLD committee interviews. Ensure teachers and all support staff at schools will have positions for the 2016-2017 school year. Continuing forward and planning for the continuation of the schools and beyond.
c) Remedy for Future Compliance (Public Interest Remedy)
To increase enrollment in each of the schools which are currently capped at 40 students. By allowing advertisement in all boards and for all education Psychologists to know of the existence of these schools and be able to make recommendations as to children from their assessments to be able to apply. Ease up the vetting process by the PCLD committee to allow more students who need this type of education. Restart satellite programs in outreach areas via teleconference. Restart LEAD programs.
A short intense learning for 1 to 2 yrs max and be given skills, tools and understanding of their needs and how to advocate for themselves once back in main stream education to become a productive member of society and contribute to society. Create a parent/student advisory panel to work with the ministry and other learning disability chapters (i.e. the Ontario Dyslexia Society, LDAO) to look at advantages and disadvantages for future education of children with severe learning disabilities and possible recommendations of bringing programs to more centralized locations. To hire a secondary consultation firm with expertise in Learning Disabilities to do a more in depth report on the best needs to support children with severe learning disabilities and when inclusion is not a solution. To continue to keep the demonstration schools open and operating and increase capacity so we can assist more children to achieve their potential when taught how they learn. Honour not only the child’s individual rights, but the individual differences - See more at: http://www.drgavinreid.com/free-resources/dyslexia-and-inclusion/#sthash.8jiWa5Cv.jRRV2IEP.dpuf
SECTION 11 - Choosing Mediation to Resolve Your Application - LEAVE BLANK
SECTION 12 - Civil Court Action - NO
SECTION 13 - Complaint Filed with the Ontario Human Rights Commission - NO
SECTION 14 - Other Proceeding - In Progress - NO unless you have done an Ombudsman Application
SECTION 15 - Other Proceeding - Completed - NO
SECTION 16 - Important Documents You Have
These are reports, filings, and any other letters you have to support your child's diagnosis as well asany letters or communication with the Ministry or schools showing you have tried to remedy the situation. You can use the Psychological Reports as well as report cards and IEPs.
SECTION 17 - Important Documents the Respondent(s) Have
These are documents you feel the Ministry has such as documentation that the decision has already been made for the schools and any plans for the funding currently in place for these schools and where it is going to be allocated.
SECTION 18 - Important Documents Another Person or Organization Has???? I used his academic record and PCLD application binder and any notes taken during the process to prove his diagnosis.
SECTION 19 - Witnesses
This list as stated does not go to the respondent(s). This list would consist of past SERT teachers, principals past and future (being they will testify the schools for your child will not be able to accommodate nor has the resources in place or funding from the board from the Ministry to properly accommodate your child, therefore creating undue hardship on your child. Also add the Director of Education.
SECTION 20 - Other Important Information the Tribunal Should Know
S.C.C. Frederick Moore V. British Columbia (Education) 2012, SCC 61, Ontario Human Rights Commission "guidelines on accessible education, Consultation Report, The Opportunity to Succeed, achieving Barrier-Free Education for Students with Disabilities ???? http://www.fin.gov.on.ca/en/reformcommission/chapters/report.pdf - Drummond report with demonstration school closesures and to redirection of functions from those closesures ???? Report done by the french language commissioner of Ontario with regards of moving CJL into one of the 12 french school boards in order to protect and preserve the heritage of the francophone people under charter of rights article 23 - this would ensure the school stay intact and functioning. - http://csfontario.ca/en/articles/5532 http://www.ldac-acta.ca/downloads/pdf/advocacy/Henteleff_CAPSLE.pdf
SECTION 22 - Other Documents from Questions 12 to 15
Questions About the Service, Good or Facility
C1 - Choose "education and training"
C2 - C5 - Leave blank or answer accordingly.
C8 - Explain why you believe you were discriminated against based on your disability or a perceived disability.
The complainant due to a diagnoses of severe learning disability requires intensive remediation and therefore accommodation. The shut down of the Demonstration school would result in removal of the direct, specific remediation required by my son to achieve recommended attendance at a Provincial School equipped to meet intensive remediation needs. "We must give our learners the tools they need to reach their full potential, regardless of their individual circumstances." quote from Achieving Excellence: a Renewed Vision for Education in Ontario. The absence of any meaningful remediation solution to be provided for future education in main stream along with the French language school being given preference to keep the existence of CJL open has failed to meet the disability needs, thereby constituting discrimination.
C9 - Do you have particular needs related to your disability?
Severe Learning Disability - Dyslexia - "affecting language processing, phonological processing, working memory, short-term and long-term rote auditory memory and sequencing, grapho-motor performance and processing speed. This has given rise to specific weaknesses in reading, spelling, written language and mathematics" summary from Dr. Berenice Mandelcorn - thereby requiring intensive targeted, and instructional support by the programs utilized at Amethyst Demonstration School.
C10 - Did you ask the respondent(s) to meet your needs?
Yes. In a meeting with Minister of Education Liz Sandals on Wednesday, February 24, 2016 at Amethyst Demonstration School. As part of the consultation process, I asked the Minister to not shut down the schools, asked to continue process of applications for 2016, inquired as to the closures due to cost cutting measures and budget savings
C11 - NO
C12 - NO