In extreme cases, it may be undue hardship to attempt to mitigate risk, such as where the risk is imminent and severe.Education providers must consider strategies to avoid undue hardship and meet their duty to accommodate under the Education providers are expected to consider whether accommodating the needs of a student with a disability may improve an institution’s productivity, efficiency or effectiveness.Creative design solutions, as part of a broader inclusive design strategy or in response to the needs of one student, can often avoid expensive capital outlay. 0000006563 00000 n As with any other plan, documenting progress in writing helps with monitoring, accountability and future planning. Students sharing the same condition often experience it in very different ways, with different symptoms, limitations and prognoses. It may be necessary for an education provider to consult with a specialist with expertise in the disability in question. It also means identifying and removing barriers where they already exist. Achieving one’s education potential affects a person’s ability to take part in the labour market, realize their full potential, live independently, and participate meaningfully in society. 322 0 obj << /Linearized 1 /O 324 /H [ 788 1638 ] /L 281016 /E 12220 /N 85 /T 274457 >> endobj xref 322 17 0000000016 00000 n The most appropriate accommodation is one that most:An accommodation will be considered appropriate if it will result in equal opportunity to attain the same level of performance, or to enjoy the same level of benefits and privileges enjoyed by others, or if it is proposed or adopted to achieve equal opportunity, and meets the student’s disability-related needs. The student or parent/guardian will usually be in the best position to assess the risk. This complicates the normal approach to resolving a human rights dispute where only one side claims a human rights violation.Education providers have a legal duty to take steps to prevent and respond to situations involving competing rights. It is not discriminatory to refuse an educational service because the student is incapableThe principal of a school may, by his or her own decision, or at the request of a parent, refer a child to an Identification and Placement Review Committee (IPRC) for a decision on whether the child is “exceptional,” and if so, whether the child should be placed in a regular classroom with supports, or in a special education class.The IPRC also has the power to make recommendations about special education programs and services for the student, but does not have decision-making power in this respect. 0000007990 00000 n ; March 13, 2020 Letter Information Related to Coronavirus (COVID-19) and Services to Students with Disabilities. If a real risk exists, the least intrusive means to address the risk must be used.High probability of substantial harm to anyone will constitute an undue hardship. It is not acceptable to choose to stay unaware of discrimination or harassment of a student with a disability, whether or not a human rights claim has been made.Education providers operating in Ontario have a duty to take steps to prevent and respond to breaches of the There is also a clear human rights duty not to condone or further a discriminatory act that has already happened.
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