Education Law
Our Education Law practice encompasses students at all education levels, from pre-school to post-secondary studies, regardless of whether the institution is publicly funded or private.
Children in Ontario have a right to an education, which includes not only the right to attend school but also to have their education delivered to them in a way that allows them the opportunity to reach their full potential.
The rights are different in public schools/publicly funded schools and private schools, but all Ontario students have rights in school. It is important for parents and students to know these rights so they can advocate for the appropriate and required education from the school they attend. The important thing to remember is that each child in school has the right to an educational environment that is safe and conducive to that student’s learning.
Euroa Law Group offers a wide range of services in the area of Education Law. This includes appealing disciplinary actions such as suspensions and expulsions, advocating for students with special needs, both within the school and before tribunals and courts, addressing improper exclusions of students that prevent them from attending school, combatting bullying in schools and representing students through both academic and non-academic discipline proceedings in universities and colleges.
Special needs & Children's rights
All students are entitled to receive the same benefits of an education. That means that school programs must be delivered in a way that is conducive to each student’s learning in a way that allows the student to fulfill his or her potential. Where a child has special needs, be they physical disabilities, developmental delays, mental health concerns or learning disabilities, receiving an education in the same way as other students, may not allow that child to get the same benefit from the school education and experience.
Schools identify these students as “exceptional pupils” and develop programs that give the child with special needs, the same opportunity to learn as much and succeed in school, as all the other students. These special programs are called “accommodations” and schools are required to provide accomodations to the point of “undue hardship.”
Expulsions & Suspensions
A child’s right to receive an education is an important one, which should not be lightly taken away. As a result, children both in private and publicly funded schools are entitled to have the allegations fairly and impartially investigated and have an appeal process from a principal’s decision to expel or suspend a student for more than one day. Especially in publicly funded schools, those appeal hearings can be quite complex. This is because, in publicly funded schools, a student can evoke his or her rights under the Canadian Charter of Rights and Freedoms to a fair hearing and protection from actions that might be considered discriminatory on the basis of a disability or being a member of a historically marginalized group.
Still, even in private schools, the Ontario Human Rights Code may have application if the basis of the discipline could be somehow considered discriminatory. Consequently, it can be really helpful, and even dramatically increase the chances of success by being represented by a lawyer. Having the lawyer at least teach you what to say, can have a dramatic impact on the outcome as the school will have to fairly consider all of the legal considerations applicable to the situation.
Bullying
Bullying in school is a significant problem in the education process. It both deprives the victim of a safe environment in the school and an environment that allows the student to learn; students who do not feel safe cannot concentrate on their studies.
There are two approaches to take when requiring a school to act to protect a student from bullying. The first is that the school has to provide a safe environment, and the school can be responsible for rectifying any harm that comes to a student because the school is not safe. A school can face legal consequences if a student is injured, physically or mentally, because it did not supervise the students or implement its programs in a safe environment.
Private Schools
Ontario has almost 1300 private schools and thousands of students attend them. Private schools sell the idea that they offer superior education for students, smaller class sizes, modified curricula, and greater resources. However, there have been several recent incidents where private schools have not lived up to that reputation and children have suffered. Parents need to know where they and their kids stand legally when it comes to private school education.
We are ready for you. When you are ready for us, please get in touch with our team.
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