civil claims for remedies before the courts.^29 The Ombudsman of Ontario does
not have jurisdiction to consider complaints involving school boards or children’s
aid societies. However, the Ombudsman does have jurisdiction to investigate
decisions made by the Ministry of Education.^30
D. Accessing Services and General Considerations
- Access and Immigration Status
In Ontario, a child shall not be denied primary or secondary public education due
to that child’s immigration status or that of her/his parent(s).^31
The Ministry of Education has released a Policy/Program Memorandum which
provides guidance to school boards and reinforces that children cannot be
refused admission to school because of their parent’s immigration status.^32 Thus,
school boards are not legally obligated to refer families with no immigration
status or documents to immigration authorities.
School administrators may need to verify a student’s name or home address,
however this can be accomplished through a variety of ways and immigration
documents are not required.
- School Health Support Services
The School Health Support Services Program (SHSS), is a program of the
Ministry of Health and Long-Term Care and it is mandated to ensure that children
with disabilities have a right to access the supports they need in school (i.e.
public school, private school, home-school or treatment program) as it relates to
(^29) See e.g. Fleischmann v Toronto District School Board, 2004 CanLII 29548, 181 OAC 244.
Ontario Superior Court of Justice granted an interim application ordering the school board to
assign a specific Special Needs Assistant to a student with disabilities. 30
31 See online: Ombudsman Ontario http://www.ombudsman.on.ca/Home.aspx.^
32 Education Act, supra note 3, s 49.1.^
Ministry of Education, Policy/Program Memorandum No. 136 - Clarification Of Section 49.1 Of
The Education Act: Education Of Persons Unlawfully In Canada, (issued December 3, 2004),
online: Ministry of Education < http://www.edu.gov.on.ca/extra/eng/ppm/136.html>.