A case against Surrey school district claiming a school did not put in enough effort to remove barriers for a child with disabilities has been largely dismissed by the B.C. Human Rights Tribunal 香蕉视频直播� but one allegation will still proceed.

A decision by tribunal member Robin Dean was posted April 10 in the case of a complaint filed in 2019 by parents of a child in the Surrey school district. The parents alleged the district and the school principal discriminated against their child, who has mental and physical disabilities. Names of the school, principal, parents and child have all been withheld in the decision in order to not identify the minor child.

"Generally, the complaint alleges that the Respondents (the school district) failed to provide the Child with meaningful and safe access to education," Dean writes.

The parents made five allegations against the district, including that they failed to incorporate medically recommended accommodations into the student's individualized education plan (IEP) in 2019; failed to consult the parents in creating the IEP, which is required under district policy in 2018; removed specialist support for the child in 2017; did not provide the child "reasonable accommodation" to assist in managing their disabilities; and disciplined the child "in a way that put them at medical risk as a result of their disabilities."

Due to waiting too long to file, the allegations about removing specialist support for the child in 2017 and the parents not being consulted in 2018 for the child's IEP were dismissed.

Only the allegation about the district failing to incorporate medically recommended accommodations into the student's IEP is proceeding forward.

According to the decision, the child has been diagnosed with an endocrine disorder called Addison香蕉视频直播檚 disease, primary immune deficiency, perceptual disabilities, which the parents say affect the child's vision and hearing, and dyslexia. Additionally, the child received a designation for a learning disability in 2016 by the B.C. Ministry of Education.

In October 2019, the child alleges they were put in a situation by the school principal which put them at medical risk with their Addison's disease.

"The School Principal is alleged to have forced the Child to read an apology note out loud to another student to whom the Child had sent messages over Instagram香蕉视频直播檚 direct messaging function during out-of-school hours. The messages were brought to the attention of the School Principal, who concluded they were inappropriate," Dean writes.

Due to the child's disease, they state that stressful and embarrassing situations should be avoided as they can trigger symptoms. Following this disciplinary incident, the parents filed a complaint with the district, which investigated the claim and found it unsubstantiated.

Surrey Schools filed to dismiss the complaint against the principal, which the tribunal agreed to, with Dean accepting that the disciplinary action could have been stressful for the child but the principal was performing an action within their job. 

Additionally, the parents state the child's file was missing reports that they provided to the school, the school did not read a psychoeducational report from the Gifted Development Center, the child was not provided with e-books per the recommendation, the principal did not update the child's medical information in their file and the school did not accommodate the child's need to wipe down their desk as frequently as medically recommended, which caused the child to miss up to four weeks of school each year.

In the allegation of not accommodating the child enough for wiping down their desk, the tribunal found the child did not specify what the accommodation issues were, so that claim was also dismissed.

The board admitted that some recommendations for the child were not included in the IEP but that it was still in line with B.C. standards for students with a learning disability. Some of the recommendations in the report provided by the parents were specific to Colorado 香蕉视频直播� where the assessment was done 香蕉视频直播� but not in B.C.

"While the School Board clearly made efforts to accommodate the Child香蕉视频直播檚 disabilities, I am not persuaded on the evidence before me that they could not have reasonably done more to assist the Child in overcoming the barriers they faced at school," Dean writes.

"While the School Board says that the IEPs were formulated in line with what was provincially recognized, accommodation must be done on a case-by-case basis. It is not one-size-fits-all."

Further, the tribunal shared that the parents of the child had to step in "substantially" to ensure their child was keeping at grade level.

The case is only proceeding in regard to the IEP allegation against the school board alone, while all other complaints and those against the principal as an individual respondent have been dismissed.