The OSET has struggled with this distinction and the inherent
interconnectedness of placement of students and the appropriateness of
programs and services. At times, the OSET has blurred the lines between
placement and services. In D v. Windsor Essex Catholic District School Board,
the Tribunal stated that an appropriate placement could not be decided without
hearing about the programming that would be offered because “[i]f the program is
inappropriate, then it follows that the placement is inappropriate”.^115 Thus, the
Tribunal may consider services and programs when they are found to be
interconnected with making a determination on placement.^116
Thus, the Education Act leaves no mechanism to adjudicate, enforce, or
mediate/conciliate disputes related to accommodations and IEP development
and enforcement; a piece so critical to ensuring that meaningful education
services are provided and to facilitating inclusion. In addition, the Ministry of
Education usually does not intervene in any substantial way in such cases when
contacted by parents.
Following a comprehensive review of OSET decisions, Angela Valeo
summarized her findings and opined:
[t]he Tribunal may not be the vehicle for parental voice and
involvement that it was originally intended to be. This is especially
so for appeals concerning the inclusion of students with multiple
handicaps into the regular class. The legislation envisioned an
equal, collaborative relationship between school boards and
parents, but the practice of school boards has shown otherwise.
Boards’ practices are in part supported by legislation which is
vague and noncommittal.^117
(^115) Supra note 97 at 7.
(^116) See C v Simcoe County District School Board, (September 15, 2003) OSET File No. 34 at 3.
(^117) Angela Valeo, “Special Education Tribunals in Ontario” (2003) 18 Int’l Journal of Special
Education, 2003, Vol 18, No.2., 18 at 27, online: International Journal of Special Education
http://www.internationalsped.com/documents/Special%20Education%20Tribunals%20in%20Ont
ario(2).doc.