I. Introduction
The importance of ensuring an equal and discrimination free
educational environment, and the perception of fairness and
tolerance in the classroom are paramount in the education of young
children.^1The importance of Education was underscored by Aristotle over two millennia
ago, opining that in an ideal state, the law maker’s most important priority must
be the education of children and youth.^2 Public education remains a cornerstone
of our society, and education services free from discrimination is a fundamental
element in its delivery.
The purpose of this paper is to provide a basic introductory primer on education
law as it relates to students with disabilities within the public primary and
secondary school system in Ontario. This paper will provide an overview of the
legislative framework for education service delivery, as found in the Education
Act^3 , and the applicability of the Human Rights Code (Code).^4 As well, this paper
provides an introduction to a number of issues specific to students with
disabilities, and a discussion on developments such as Canada’s ratification of
the United Nations Convention on the Rights of Persons with Disabilities
(CRPD).^5
A significant factor contributing to the persistence of barriers students with
disabilities face is that much of the discussion regarding the accommodation of
students with disabilities occurs within an already existing framework of services.
Education experts who make decisions regarding into which education setting a
student will be placed and what educational resources will be provided to that
student do so by considering the range of existing services and resources.
(^1) Ross v. New Brunswick School District No. 15, [1996] 1 SCR 825 at para 82 (SCC).
(^2) Aristotle, The Politics and the Constitution of Athens, ed. By Stephen Everson, (Cambridge:
Cambridge University Press, 1996), Book VIII at 195. 3
4 RSO 1990, c. E. 2. [Education Act]
5 RSO 1990, c. H.19. [Code]^
UN GAOR, 61st Sess., 76th Mtg., UN Doc. GA/10554 (2006), online: United Nations Enable
http://www.un.org/disabilities/documents/convention/convoptprot-e.pdf [CRPD].