Risk Management in Canadian Education Publishes an Article by Kathryn Bird on the Dismissal of Special Education Human Rights Application
Hicks Morley’s Kathryn Bird authored an article in the May 2018 edition of the Risk Management in Canadian Education titled “Human Rights Tribunal Dismisses Special Education Human Rights Application, No Prima Facie Case of Discrimination Found.”
In a recent decision, U.M. v. York Region District School Board, the Human Rights Tribunal of Ontario (Tribunal) dismissed an application brought against the Respondent school board which alleged that it had discriminated against two students (U.M and M.M.) in the delivery of educational services. This decision confirms that in special education situations, a school board is obliged to act in the interests of the students with respect to educational decisions; while it should communicate with parents, those educational decisions are not generally subject to parental control.