(a) of which the pupil is a resident pupil,
(b) that admits or enrols the pupil other than pursuant to an
agreement with another board for the provision of education, or
(c) to which the cost of education in respect of the pupil is payable by
the Minister; (“élève en difficulté”)^83The Education Act identifies five main categories of exceptionalities: behaviour;
communication; intellectual; physical; and multiple.^84 The five categories of
exceptionalities have been further explained by the Ministry of Education in policy
materials, and further subcategories have been identified.^85
A Memorandum released by the Director of the Special Education Policy and
Programs Branch served to remind school administrators that the categories are
to be interpreted broadly and reaffirmed that “[a]ll students with demonstrable
learning based needs are entitled to appropriate accommodations in the form of
special education programs and services, including classroom based
accommodations”.^86
The Memorandum further states that:
Inclusion of some medical conditions (e.g., autism) in the [Special
Education: A Guide for Educators (October 2001)] definitions of the
five categories of exceptionalities is not intended to exclude any
other medical condition that may result in learning difficulties, such
as (but not limited to) Attention Deficit Disorder/Attention Deficit-
Hyperactivity Disorder (ADD/ADHD), Fetal Alcohol Syndrome,
Tourette Syndrome, Myalgic Encephalomyelitis, Chronic Fatigue
Syndrome, and Fibromyalgia Syndrome [...].
The determining factor for the provision of special education
programs or services is not any specific diagnosed or undiagnosed(^83) Education Act, supra note 3, s.1(1).
(^84) Ibid.
(^85) See Ministry of Education, Special Education: A Guide for Educators, (Ontario: Ministry of
Education, 2001) at A18-A20, online: Ministry of Education
<http://www.edu.gov.on.ca/eng/general/elemsec/speced/guide.html 86 >.
Barry Finlay, Director of Special Education Policy and Programs Branch, Ministry of Education,
Memorandum to Directors of Education, Supervisory Officers and Secretary-Treasurers of School
Authorities and Director of Provincial Schools Branch and Superintendent of Centre Jules-Léger,
dated December 19, 2011.