Rarely does this assessment include an examination of the education system as
a whole, with a view to creating more inclusive school environments that are
readily accessible and fully accommodate children of all abilities.^6
There are a plethora of barriers and legal considerations that may arise within the
education law context. The scope of this paper is to provide a brief introduction
only, and will not provide in-depth analysis into those legal issues. The issues
that may arise in this area of practice can be complex, fact specific, and may
involve other legislative and regulatory schemes. Issues that may arise include
youth criminal justice matters, transportation, student’s service animal, truancy,
child protection legislation, and workplace safety and labour law. This paper will
also not consider education through privately funded schools and post-secondary
education. The aim of this paper is to provide legal practitioners and lay
advocates with an introductory understanding of education law and human rights
as a starting point in their legal research.
II. Overview of Education Law in Ontario
In Ontario, the Education Act^7 governs the delivery of publically funded
elementary and secondary education services. Children in Ontario are required
to attend school or receive education services between the ages of 6 to 18.^8
Certain students with disabilities who are identified as “exceptional” through
formal processes as set out in the Education Act (to be discussed below at pages
17 - 26) may remain in a secondary program until the age of 21, however this is
discretionary.^9 All children have a right to attend public school.
(^6) A. Wayne MacKay & Janet Burt-Gerrans, “Inclusion and Diversity in Education: Legal
Accomplishments and Prospects for the Future” (Paper presented to the Canadian Association
for Community Living National Conference, November 3- 7 5, 2002) [unpublished] at 4, 5.
8 Education Act, supra^ note 3.^
9 Ibid, s 21(1).^
Identification and Placement of Exceptional Pupils, O Reg 191/98, s 16(3). [IPRC Reg.].