Adovcating for an individual with an exceptionality is easier if you know and understand the laws and policies to protect and support them in various aspects of their lives. In today's episode we are discussing disability laws, policies and the right to speak up.
Episode Six Show Notes- The Right To Speak Up
INTERNATIONAL DISABILITY RIGHTS
Museum of Civil and Human Rights, Atlanta Georgia- the map of freedom - more than half of the world is not free. In many countries, people are advocating for health, children, women and disability rights
Disability Rights vary from a nation and some countries are more progressive in their laws in supporting disability rights.
In some countries and cultures, some individuals do not consider a learning disability, ADHD or other exceptionalities as a disability.
CANADIAN DISABILITY RIGHTS
The Canadian Charter of Rights and Freedom-Charter 15- States that every person is to be considered equal regardless of their race, sex, colour, religion, age, orientation, ethnicity, physical or mental disability
Part of the Canadian Constitution laws that outlines the basics of how the country operates.
The Canadian Human Rights Act- The human's rights act protects Canadians when they are being discriminated when employed or receiving services
Ontario Mission to become a barrier-free society by 2020
Not all disabilities are visible and the biggest barrier- lack of knowledge 'You don't know what you don't know'
In other regions similar acts, laws that may not speak specifically but will have a similar idea against discrimination.
WHAT THESE RIGHTS LOOK LIKE IN VARIOUS ENVIRONMENT
Rights in Criminal proceedings
Ministry of Education -Education Act- Bill 82 governs policies for students K-12.
Bill 82- principle points- Can be found on the Ministry of Education Websites
the responsibility of school boards to provide (or to agree with another board to provide) in accordance with the regulations, special education programs, and special education services for their exceptional pupils (paragraph 7 of subsection 170(1));
a special education program is defined as an educational program that is based on and modified by the results of a continuous assessment and evaluation of the pupil and that includes a plan (now referred to as an Individual Education Plan) containing specific objectives and an outline of the educational services that meet the needs of the exceptional pupil (subsection 1(1));
the responsibility of the Minister (Subsection 8(3)):
- to require school boards to implement procedures for the early and ongoing identification of the learning abilities and needs of students;
- to define exceptionalities of pupils and to prescribe classes, groups or categories of exceptional pupils and to require the use of these definitions by school boards;
- to provide an appeal process for parents concerning special education identification and/or placement decisions;
- to ensure that special education programs and services are provided without payment of fees by school boards to their exceptional pupils in accordance with the Education Act and the regulations;
the establishment of Ontario Special Education Tribunal(s) to hear appeals brought by parents and to make final and binding decisions concerning the identification or placement of an exceptional pupil.
Post-Secondary level human rights govern these policies of how students with exceptionalities are to receive support
This difference is important to know because the process of getting access and support will differ a lot and if unaware and informed it can be a frustrating process for students.