Tribunal Paperwork

The Tribunal Application Paperwork

Sample Form 1You 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.  

You will also need Form 4A which you can download by clicking here because you are filling out the documentation on behalf of your child. You will need to fill in all forms send both .pdf file to This email address is being protected from spambots. You need JavaScript enabled to view it.

Additional notes:

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.

Additional Information:

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: - UPDATED JUNE 24, 2020

Sample Form 4A1

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.

We worked and partnered with NORTON ROSE FULBRIGHT , Barrister & Solicitors. Our lawyer responsible was Mr. Rahool Agarwal. We did not pay him. These services were all arranged and they offered the provincial School Advocates all service ProBono.

Mr. Agarwool- This email address is being protected from spambots. You need JavaScript enabled to view it. and 1-416-216-3930

He assisted us with filing paperwork, and we sent him completed files. ( not all at once- once it was all put together)

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.

Stephen Lecce Minister of Education, 315 Front Street West 14th Floor Toronto ON M7A 0B8 This email address is being protected from spambots. You need JavaScript enabled to view it..

SECTION 5 - Grounds Claimed - Check DISABILITY.

SECTION 6 - Area of Alleged Discrimination - Check GOODS, SERVICES AND FACILITIES.

SECTION 7 - Location and Date
a) Did these events happen in Ontario? YES
b) In what city/town? Amethyst Demonstration School/ Name of School your child attends
c) What was the date of the last event? March 12, 2020
d) If you are applying more than one year from the last event, please explain why: LEAVE BLANK

SECTION 8 - What happened?

Describe your child’s struggle to learn to read at their home school due to the lack of appropriate, intensive, individual remediation. Describe his/her gains at the demonstration school. Note that the last school day at the provincial demonstration school was March 12, 2020 due to COVID-19. Since then, your child has not had the same level of programming. Mention of your child struggled with the online learning format. No gains were made or perhaps your child may have regressed. 3.5 months could have resulted in another 1-2 grade level increase. Your child has the right to read and will need to continue to have remediation in order to have the same opportunities as his/her peers.

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 your child needs to achieve the reading levels he will need to be successful in school. This is clear, given that your child was sent to a demonstration school with a reading level well below his grade level. COVID-19 forced your child to leave the residential school program causing your child undue stress and lack of focus on schoolwork. The contract that was originally signed by the provincial Demonstration School was not fulfilled and your child missed out on 14 weeks of the residential program. The Empower reading program did not continue and your child has regressed since March 12, 2020.

c) Point out that schools are not prepared to support your child effectively in the way that a demonstration school can. Demonstration schools have Subject Matter Experts who have the ability to teach your child depending on their specific needs, and strengths. They are a technology based school that ensures all children have the proper tools they need to be successful.

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 needs 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. You are simply asking that your child be allowed to return to complete the schooling and programs that were promised. We also believe that a day program (solely for this year due to the interruption of the year/COVID) could also be set up to allow students that live in close proximity to the school be allowed to attend to complete their program.

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 the demonstration schools. 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. Note your child’s reading level and the grade entering secondary school in the fall; for your child to be successful in his/he program, they need to be able to read advanced text.

f) REJECTED APPLICANTS: Your claim will be on the need/right to have access to a demonstration school as your child has been denied the right to read due to the lack of specific, intensive remediation and supports at his/her home school.

SECTION 10 - The Remedy You are Asking For

a) Monetary Compensation - $800,000 This is up to you- what do you feel you would have to pay to ensure your child is brought up the proper/equal reading level. What other programs could you enroll your child in?

Landmark East School (for students with learning disabilities), Wolfville, Nova Scotia $56,700 (add transportation there, rental for a parent to live nearby etc.); this price includes boarding and is the most expensive providing your child with 1:1 ratio with a teacher.

https://www.landmarkeast.org/admissions

Online Reading Tutors (structured literacy program) -Ranges from the Silver program @ $179/mo. to the Platinum program @ $359/mo.

https://onlinereadingtutor.com/

Specialty boarding schools range from $56,000.00/yr to $160,000.00/yr without extra curricular activities, and transport. In order to ensure your child has access to this type of residential learning they would have to pay a significant amount of money; as the Province of Ontario has no other options for this type of immersed learning. If unable to complete the schooling at a Provincial Demonstration School, the family would have to relocate to a center where school is located which means lodging, food, and transportation would need to be calculated based on 5 years of instruction needed.

Examples:

The Landmark School, Massachusetts - tuition/residence for 2020/12 $111,976 CAD

The Gow School, New York- tuition/residence/books for 2020/2021 $99,250 CAD

Aside from this we would have to look into tutoring with most subjects as our child is still far below their peers. This averages $35-$50.00 per hour, and multiple hors would be needed per week.

b) Non-Monetary Remedy

The Ministry of Education is to confirm the that all students presently enrolled in a program will be able to complete their schooling without interruption. That all programs continue and that students continue to work through the Empower reading program. That all currently enrolled students be allowed to return for another full year of schooling. We ask that all PCLD committee transition meetings and testing take place as soon as possible. Ensure teachers and all support staff at schools will have positions for the 2020-2021 school year, and that additional staff (preferably experienced demonstration school teachers) be put in place to accommodate the increase in student numbers. Continuing forward and planning for the continuation of the schools and beyond.

1) That the MOE acknowledges that the right to learn to read means that one year is not a sufficient amount of time for a child with a learning disability to make significant gains.

2) That the MOE confirms that all students presently enrolled in the 2019/20 demonstration program will be able to complete their schooling without interruption at their demonstration school.

3) That all demonstration programs continue and that students continue to work through the Empower reading program.

4) That all students currently enrolled at a demonstration school be allowed to return for another full year of schooling.

5) That all PCLD committee transition meetings and testing take place as soon as possible

6) Ensure that teachers and all support staff at schools will have positions for the 2020/21 school year and that additionstal staff, preferably experienced demonstration school teachers be put in place to accommodate the increase in student numbers.

7) If COVID-19 persists through the school year 2020/21, I would like to have the option to have my/our child attend his/her Demonstration School for the 2021/22 school year.

8) The MOE and provincial government need to continue to move forward on creating a better Education System in Ontario for those with learning disabilities so that future costs for prison and welfare are decreased.

My son/daughter deserves another full year at the demonstration school. Otherwise, the MOE is sending him/her to grade ___ with a grade ___reading level. He/She will continue to struggle without direct reading instruction.

c) Remedy for Future Compliance (Public Interest Remedy)
To increase enrollment in each of the schools which are currently capped at 40 students, this will allow all students to return. 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.

To ensure early identification and intervention is put in place in grade 1 so that students are identified and have access to intense intervention in order to avoid significant reading lags; provide funding for increasing the number of allotted assessments per school; acknowledge that 5-10% of the population from each school has a Learning Disability and ensure that the needs of this number of students is addressed (actively seek out these students).

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 mainstream 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

The Ministry of Education needs to:

1) To increase enrolment in each of the demonstration schools which are currently capped at 40 students; this will allow students to return.

2) Allow advertisement within all boards and for all educational psychologists in order to promote awareness of the existence of these schools so that more recommendations for application can be made on behalf of students with Learning Disabilities.

3) Ease up the vetting process by the PCLD committee to admit more students who need this specialized type of education/remediation.

4) Restart satellite programs in outreach areas via teleconference.

5) Restart LEAD programs.

6) Provide more funding to schools so that the quota for psych-educ assessments is increased to meet the need of the 5-10% of students who do have LDs.

7) Honour their commitment to a child's right to read by ensuring that more LD children across Ontario are able to access demonstration schools or be provided with specialized, intensive remediation in every home school in Ontario.

8) Ensure early identification and intervention are put in place in grade 1 so that students are identified and have access to intense intervention in order to avoid significant reading lags.

9) Acknowledge that 5-10% of the population from each school has a Learning Disability and ensure that the needs of these students are met.

10) 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.

11) Hire a secondary consultation firm with expertise in Learning Disabilities to do a more in depth report on the best manner in which to support children with severe learning disabilities when inclusion is not a solution.

12) 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.

13) Honour not only the child’s individual rights, but their individual differences – see more at:

http://www.drgavinreid.com/free-resources/dyslexia-and-inclusion/#sthash.8jiWa5Cv.jRRV2IEP.dpuf

14) Make it mandatory that University Students in Education programs do a placement in a demonstration school classroom so that they can observe and learn about intervention programs and teaching strategies for children with severe LDs; this also facilitates awareness for future educators.

The MOE has a duty to provide children with programs to help them learn to read despite their challenges. It is not acceptable that they are left in a regular classroom, struggling, feeling worse about themselves each passing day. Providing specialized classrooms allows them to be supported and identify with each other, something that occurs at demonstration schools. Half day programs (beyond regular classrooms) would provide students faced with the struggles of a Learning Disability with intensive reading, math, and learning strategies instruction.

The cost to our province for teaching children to read, significantly outweighs the future cost to society in terms of social programs, policing, and prison systems. This is a broad area that effects a number of provincial ministries.

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 as any 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. ( This is anyone who has assisted you, written reports, and knows the unique learning styles of your child)

SECTION 20 - Other Important Information the Tribunal Should Know

The OHRC is currently involved in the “Right To Read” inquiry.

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 closures and to redirection of functions from those closures

dao.ca/wp-content/uploads/LDAO-Response-to-the-Report-of-the-Drummond-Commission1.pdf

Right to Read: public inquiry into human rights issues affecting students with reading disabilities

Ontario Human Rights Commission

Policy on accessible education for students with disabilities | Ontario Human Rights Commission

The Policy on accessible education for students with disabilities, 2018 updates the 2004 Guidelines on accessible education to take into account current social science research, case law developments, legislation and international human rights obligations. The OHRC has maintained its policy positions in key areas, including:

www.ohrc.on.ca

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 diagnosis of severe learning disability requires intensive remediation and therefore accommodation. The closures of the Demonstration school from COVID-19 resulted in the removal of the direct, specific remediation required by my child 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 the mainstream school has failed to meet the disability needs, thereby constituting discrimination.

C9 - Do you have particular needs related to your disability?

Severe Learning Disability - (This is where you put in your child diagnoses) Dyslexia - "affecting language processing, phonological processing, working memory, short-term and long-term rote auditory memory and sequencing, gross-motor performance and processing speed. This has given rise to specific weaknesses in reading, spelling, written language and mathematics" also mention the Psychologists names, Types of reports- thereby requiring intensive targeted, and instructional support by the programs utilized at Amethyst Demonstration School.

Dr. _________________’s psychological-educational assessment indicated that my/our child required instensive targeted instructional support by the programs which are in place at Amethyst/Trillium/Sagonaska Demonstration School.

C10 - Did you ask the respondent(s) to meet your needs?

Yes. In a meeting with The Assistant Deputy of Education Mr. Jeff Butler, and Executive Director Karyn Bruneel we spoke about our concerns. We also followed up with a letter dated June 17, 2020 and we are expecting a response by EOD June 19, 2020. We are concerned that they will not be able to meet our needs and therefore have no other alternative than to move ahead with a HRTO claim.

C11 - NO

C12 - NO