Disability Law Primer (PDF) - ARCH Disability Law Centre

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specialized education services to students who are Deaf, blind or who have
severe learning disabilities. Information specific to these programs, such as
eligibility requirements, roles and responsibilities, and the general framework is
set out in Regulation.^36



  1. Section 23 Programs


For children who require care or treatment in facilities or are in custodial or
correctional facilities, educational programming may nonetheless be provided by
a school board within the treatment or custodial setting. The delivery of
individualized education programming within these facilities is referred to as a
section 23 program.^37 These facilities must be government- approved and may
include hospitals, group homes, custodial facilities, and treatment facilities. Some
section 23 programs may also operate within a school. The Ministry of Education
acknowledges that in such cases “where pupils cannot attend local schools
because of their need for care and/or treatment, suitable educational programs
which recognize the primacy of the care and/or treatment needs may be provided
by the school board within the facilities.”^38 A school board and facility are
required to enter into an agreement in order for the education services to be
provided by the school board within the facility; this agreement will set out the
scope and nature of services provided.^39



  1. Ontario Student Record (OSR)


Schools are obligated to maintain a record for each student enrolled containing
specific information. This record is called the Ontario Student Record (OSR).^40


(^36) Ontario Schools for the Blind and Deaf, RRO 1990, Reg 296.
(^37) Grants For Student Needs — Legislative Grants For The 2013-2014 School Board Fiscal Year,
O Reg 120/13, s 23. 38
Ontario Ministry of Education, Policy/Program Memorandum No. 85 – Educational Programs for
Pupils in Government-Approved Care and/or Treatment Facilities, (issued January 20, 1986),
online: Ministry of Education < http://www.edu.gov.on.ca/extra/eng/ppm/85.html>. See also
Ministry of Education, Guidelines – 2005: For Approval of Educational Programs for Pupils in
Government Approved Care and/or Treatment, Custody and Correctional Facilities, online:
Ministry of Education < 39 http://www.edu.gov.on.ca/eng/general/elemsec/speced/facilitiesamount/>.
40 Ibid.^
Education Act, supra note 3, ss 265, 266.

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