article Mom fights for school supports for son

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Mom fights for school supports for son

May 31, 2010 Gordon

A London-area mother who spent years trying to get special education support for

her son with ADHD is fighting a human rights case that could change the way

children with the disorder are treated in Ontario classrooms.

son of Petrolia has spent eight years trying get services and

accommodations for her son , who was diagnosed with attention deficit

hyperactivity disorder in Grade 1, which impaired his ability to learn.

Instead, she alleges in a complaint before the Human Rights Tribunal of Ontario,

he languished in a system that refused to recognize his disability or provide

the special education services he needed, leaving him further behind and more

distressed each year.

“It was like watching him crumble,” son said in an interview. “It got worse

and worse.”

In Ontario, students with learning disabilities, autism or a range of other

“exceptionalities” listed by the Ministry of Education have the legal right to

special ed services. But an ADHD diagnosis, by itself, does not give children

that same right.

The case, which has dragged on for five years, challenges that.

It had been scheduled for a human rights tribunal hearing this week, but was

adjourned last Friday. No new date has been set but mediation may continue this

summer.

ADHD, characterized by inattentive, hyperactive and impulsive behaviour, is the

most common childhood mental health condition. It affects between 5 and 12 per

cent of children — or at least one or two in every classroom — which means how

school supports are provided is important.

Now 14 and in Grade 9, is an avid football player and golfer who struggles

with reading, writing and numeracy skills that are still at elementary school

level. This semester, his mother has spent hours each evening helping him with

science, his only academic course. He also takes phys. ed and design technology.

was diagnosed in Grade 1 when his family was living in Alberta, one of the

few provinces that recognizes ADHD and offers extensive supports to students,

teachers and families.

But a year later, the family moved to southwestern Ontario, where he no longer

had automatic access to the special ed services he needed, says son. As a

result, he floundered in a regular classroom where he couldn’t cope.

She filed the complaint against the Lambton Kent District School Board when he

was in Grade 5. In a 2008 interim decision, the tribunal agreed to add the

Ministry of Education as a respondent.

A spokesperson at the tribunal said Friday no one could comment on ongoing

cases.

But the 2008 document summarized son’s complaint, which claimed school

board officials infringed on her son’s right to equal treatment by denying

supports because they did not consider ADHD a disability that qualified for

special ed services.

The complaint alleges that instead of getting help for his learning

difficulties, was isolated in the classroom, disciplined inappropriately,

and advanced to Grade 5 despite failing to complete grades 2, 3 or 4.

The tribunal document also outlines a submission from the Ontario Human Rights

Commission, which agreed to present son’s case on behalf of the public

interest. The commission asserted that was denied appropriate services

“because under Ministry guidelines he could not be identified as ‘exceptional’

due to the source of his disability “(his ADHD).”

Afroze , senior communications officer with the commission, declined to

comment on specifics of the case.

However, she said under the human rights code, “education providers have a duty

to accommodate all students with disabilities to the point of undue hardship.”

And based on its broad definition, it is highly likely ADHD would be considered

a disability.

She noted “the code has primacy over the Education Act.”

The ministry also refused to comment. However, spokesperson Wheeler said in

general students do not have to be formally identified to receive special ed

services.

The case is being closely watched by advocates, parents and educators.

“It’s a really important test case,” says Janis Jaffe-White of the Toronto

Family Network, which has helped hundreds of families seeking education supports

for their children.

“This isn’t isolated. It’s been a big problem for many years and we’ve raised it

many times.”

She says the ministry needs to make it clear to school boards that providing

services for kids with attention disorders is non-negotiable.

“This situation involving children with ADHD is another example of a system

failing the children it is supposed to serve, and those children are falling

through the cracks.”

Lack of formal recognition by the ministry means there’s no consistency among

teachers, schools or boards on how to teach children with the disorder and

little training, says Heidi Bernhardt, national director of the Centre for

ADD/ADHD Advocacy Canada www.caddac.ca

“When ADHD isn’t included in the definitions and can be interpreted differently

across the province, there’s a huge problem.”

She notes the disorder can severely impair a child’s ability to learn, and

mounting research shows how it can impede brain development. But many kids can

only access help if they are simultaneously diagnosed with a learning disability

or other recognized condition.

Physicians and other experts say that with the right strategies and supports,

children with ADHD can be successful in school. But without them, children who

can’t pay attention and learn can become frustrated and disruptive. They may be

labelled as troublemakers or lazy kids by those who don’t understand the

disability, leading to a cycle of frustration, acting out, punishment and

plummeting self-esteem.

For son, who also has two daughters, trying to get help for has been

a full-time job. She left her administrative career to juggle meetings with

physicians and teachers and periods of home-schooling her son, who couldn’t

grasp what was being taught in a regular classroom.

The human rights case has taken thousands of hours of research and involved four

different lawyers at the human rights commission.

Then, late last month, the commission made a request to withdraw from the case.

Now son says she’s facing a and Goliath situation, alone against

legal teams representing the ministry and school board and unable to afford the

tens of thousands of dollars to hire outside counsel.

“All I am is a voice for ,” she says. “I’m the litigation guardian, I’m not

a lawyer. And he’s a 14-year-old child who has been waiting for five years and

falling further and further behind. He’s been very patient.”

son says other parents facing similar situations can contact her at

adhdontario@...