Regulation 298 allows for the shortening of school days to less than the required
five hours a day of instruction “for an exceptional pupil in a special education
program”.^172 The Ministry in its resource material, Special Education: A Guide for
Educators, provides the following direction regarding s. 3(3):
A board should not use this section for its own benefit, for
example, because of a shortage of staff. This subsection applies
in situations where it is for the benefit of the child that the
instructional program be shortened. This might occur, for
example, if the exceptional pupil does not have sufficient stamina
to attend for a full school day, or is medically unable to attend for
the full day.^173Shortened days may be an inappropriate response by school boards to disability-
related behaviour or complex disability-related needs. It may be formally
presented to parents in early grades, as the only option due to their child’s
disability without alternate programming. Justification by school boards may
include the limited availability of an educational assistant; however this was not
the legislative intent.
VIII. Conclusion
Legal matters related to students with disabilities and the receipt of education
services can be complex. This is an area of law that continues to evolve and that
involves multiple legal frameworks and obligations.
There have been important developments in this area of law, most notably, the
Supreme Court of Canada decision in Moore v. British Columbia (Education)
which sets out a clear articulation of the right to individualized accommodation
within the education services context. The Human Rights Tribunal of Ontario has
recently adopted this framework in a decision finding that a school board denied
a student meaningful access to education.
(^172) Operations of Schools – General, RRO 1990, Reg. 298, s. 3(3) [Regulation 298].
(^173) Supra note 85 at A15.