We Need Legislation.  

Manitoba needs formal special needs education legislation to protect our children and all vulnerable students, and to hold schools accountable for following individualized plans and for providing required accommodations.  Like, yesterday.  

I will try not to let this blog post turn into a rant, but I do hope you'll forgive me if I do have a little soap box under my feet today.  

In the U.S., they have a law called I.D.E.A. that is intended to do just that.  Attorney Andrew Lee explained it better than I could in an article on Understood.org.  

In short, the Individuals with Disabilities Education Act is a law that makes available a free appropriate public education (FAPE) to eligible children with disabilities throughout the United States and ensures special education and related services to those children.

Under this law, there are certain protections for students with disabilities, and safeguards in place to compel schools to follow individualized education plans (IEPs). 

Because education is a provincial responsibility, the procedures and regulations can differ from one Canadian province to another.  For example, Ontario recognizes IEPs as legal working documents.  

Meanwhile, in Manitoba... 

Manitoba?  Does not.  

Source: https://www.edu.gov.mb.ca/k12/specedu/iep

Here in Manitoba parents just have to cross their fingers and hope the school will follow their child's individualized plan.  If the school does not, parents and caregivers have to do all of the leg work themselves: making phone calls, requesting meetings, advocating for their child, begging and pleading.  Some families also have to pay for independent professional assessments, professional supports, or professional advocates out of their own pockets.  There is no teeth to these documents, and little recourse for families if their child's school refuses to follow the student's IEP/SSP.

And all of that leg work?  That can only happen when families actually know and understand what an IEP/SSP is intended for, only for families who have the resources to educate themselves, and only for families who have the time and resources to dedicate to advocating for their child.  If not, the child is the one who suffers.  It can be more than a full-time job just advocating and supporting a child with a disability, even if they are in school full-time, if the school isn't following their IEP.  Attending meetings, writing emails, making phone calls, attending appointments and consulting with outside professionals...  If the parent is a single-parent, or both parents work outside of the home, or other personal circumstances don't allow them the time or financial resources to do all of this, then it's left up to the school to do what they feel is best.  Unfortunately this is often what is best for the school instead of what is best for the student.  

I don't mean that school staff don't care or want to do their absolute best for their students.  Most absolutely do, and many are as frustrated as we are.  Unfortunately resources and funding to schools are so poor that if no one is really pushing them to find a way, then they will end up putting their institutional needs first.  There unfortunately remain some administrators and educators with archaic ideas about how students should behave and how behavioural challenges should be dealt with, which creates yet another layer of difficulty for the students and their families. 

Given all this, we need legislation.  We need Canada-wide legislation that holds administrators accountable equally across the country, that holds schools accountable for following independent plans, and for providing appropriate accommodations.  Too many children are falling through the cracks because their parents don't have the resources to fight for them and because our public schools are so under-funded that the schools don't have the proper resources to provide for the needs of their students.  

To learn more about how schools are funded in Manitoba, visit Manitoba's Ministry of Education website.  

Click here to learn more about the (inadequate) laws that govern Education in Manitoba.  These laws are incredibly general, and quotes from the Charter of Human Rights, which "guarantees all Canadians equality before and under the law, the right to equal protection and benefit before and under the law, and the right to equal protection and benefit of the law without discrimination, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability”.  That's it.

The only specific rights afforded to students with disabilities by law are through the Appropriate Educational Programming Regulation, which is 15 years old (2005), which states that a principal must do the following: 

• Ensure the IEP is prepared with the assistance of the pupil's teacher and other in-school personnel, as directed by the principal;
• The IEP must take into account a pupil's behavioural or health care needs, if any;
• The IEP must be updated annually or sooner if required by a change in a pupil's behaviour or needs
• Ensure that the pupil's parents, and the pupil if appropriate, are given opportunity to participate in preparing and updating the pupil's plan.

That's it.  If a principal is choosing a path that clinicians, parents, or the student disagree with, the principal can move forward with the plan so long as it meets the above requirements.  There is little protection for the student, and no significant way to hold anyone accountable if they are not following the plan.  

That said, there are steps that parents can take.  Please click here to read our blog post with recommendations and suggestions for effectively advocating for children in school.  

There are Student Services Information for Parents posted on the Manitoba Education website as well, which again makes very broad and general statements such as "all students want to feel they belong and are value", but nothing specific and concrete for parents to turn to when needed.  

Another way you can advocate for your child, and all students with disabilities, is to make your --and their-- voices heard.  Share your experiences with those who have the ability to change policy and provide training, connect with other families so that you can join together and know you are not alone.  

Currently the Family Advocacy Network of Manitoba is asking for families with school-aged children in Manitoba to fill in a very short survey describing their back-to-school experiences during the Coronavirus pandemic.  Please share your experiences, the more we speak up, the better we can effect change. 

Teachers are doing the best they can

I want to make clear that I do not fault the teachers for large, systemic issues with our education system.  Most teachers just want to go to school and teach children.  They want to help their students grow and achieve.  Most teachers are doing the absolute best they can with incredibly inadequate resources.

It often takes many families pushing for change over many years to get administrators  ministers, and other politicians to take notice.  We have to keep bringing these issues to their attention and show them how important these issues are to Manitoba families.  The greater the number of parents that are speaking up, the louder our voices will become.  

If you need help advocating for your child at school, please feel free to contact us.  We can help you understand yours and your child's rights and help you collaborate with your school team to develop a child-centred plan that is supportive, positive, practical, and realistic.  

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About the Author

Jillian is an ADHD 2e Coach and Child Advocate in Manitoba, Canada.

Jillian has a diploma in Child & Youth Work and a Degree in Psychology, as well as being the parent of an amazing 2e/ADHD child.

Visit ADHDPro.ca and Facebook.com/ADHD2ePro to learn more.

If you need help educating your child's school, your family, or with general ADHD coaching or advocacy, please feel free to contact us.