Ontario Special Education Guide

[Lauro Pericles]

Werecommend that you read this page along with the Education Act, regulations and PPMs. If there is any discrepancy between this summary and the Act, regulations, or PPMs, the information in the source document applies.

There are a number of regulations under the Education Act that relate to special education. Regulation 181/98: Identification and Placement of Exceptional Pupils sets out rules for the identification and placement of students in special education programs and for identification, placement and review committees (IPRC)..

Regulation 298: Operation of Schools-General contains qualifications for special education teachers, a provision for reducing the length of the school day for exceptional pupils, and maximum class sizes for special education classes.

Regulation 296: Ontario Schools for the Blind and Deaf sets out operating procedures for the Provincial Schools for the Blind and Deaf, and also describes duties of teachers, residence counsellors, parents, and superintendents at these schools.

This publication was developed in collaboration with Human Resources and Skills Development Canada, Public Health Agency of Canada, the Canadian Red Cross, the St. John Ambulance, The Salvation Army and the Province of Ontario.

Emergency preparedness is a shared responsibility. All Canadians are encouraged to be prepared to cope for at least the first 72 hours of an emergency, while emergency workers focus on those in urgent need.

For more information on emergency management arrangements for people with disabilities/special needs in your area, contact your municipal Emergency Management Coordinator through your local government, and visit GetPrepared.ca for more information on the risks in your region.

In an emergency you will need some basic supplies. Be prepared to be self-sufficient for at least 72 hours. These items may not apply to every situation or every person; refer to the appropriate section in this guide for additional recommended items and select them according to your own needs. Check your kit twice a year to ensure contents are up to date. Re-stock as needed.

Mobility limitations may make it difficult for a person to use stairs or to move quickly over long distances. Limitations may include reliance on mobility equipment such as a wheelchair, walker, crutches or a walking cane. People with a heart condition or respiratory difficulties may also have limited mobility.

Individuals with non-visible disabilities may have difficulty performing some tasks even though their condition is not apparent. Non-visible disabilities can include communication, cognitive, sensory, mental health, learning or intellectual disabilities which may impair an individual's response to an emergency. Conditions can include allergies, epilepsy, diabetes, pulmonary or heart disease, and/or dependency on dialysis, different supplies, etc.

A person who is blind or has reduced vision may have difficulty reading signs or moving through unfamiliar environments during an emergency. They may feel lost and/or dependent on others for guidance.

Seniors, especially those with special needs, should be informed of what to do in an emergency. Contact your municipality to find out about programs and services in your area that will help you during an emergency and assist you in returning to your daily routine.

This book provides a complete and comprehensive account of the legal and administrative issues arising from the special education process. The second edition details the changes to the Ontario Human Rights Code and the Education Act and how the changes impact upon educators. It updates case law generated by the courts, the Special Education Tribunal, and the Human Rights Tribunal on special education issues.

Everything an educator needs to deal with, the complicated regulations, intricate administrative, and appeal procedures process is provided, including the new standard for special education plans, the Individual Education Plan, the role of the Canadian Charter of Rights and Freedoms, and more.

Laura Perez Gonzalez and Veronica Escobar Olivo do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.

In Ontario, students presenting learning needs may be identified as exceptional within one or more special education categories. These categories are intended to address conditions affecting their learning.

Special education can benefit students to ensure an equitable educational experience. However, researchers have also raised concerns about the efficacy of special education programs for equitable learning because of how social factors such as racism and classism result in discriminatory framings of disability and the perception of special needs.

Research from the Peel District School board, serving the western Greater Toronto Area, reports Black students are three times more likely to be identified with a behavioural exceptionality and streamed into special education programming.

Similarly, Latin American youth have reported arbitrarily being placed in English as a Second Language courses and labelled with communicational exceptionalities, despite proficiency in English. These labels carry long-lasting impacts on their educational journey.

In Ontario, the special education placement process is complex and can include many parties (like teachers, principals, special education staff, school board officers, parents or guardians and, if requested, interpreters).

System accountability is needed to ensure immigrant racialized students and families are effectively provided support and understand the special education process. This support must be tailored to better address the needs of parents, so that their children are equitably positioned for successful academic pathways.

This guide, published by Justice and Children for Youth, is intended to help students, caregivers, and support workers information to help them navigate the special education system in Ontario. Topics covered include:

The Government of Canada is committed to achieving reconciliation with Indigenous peoples through a renewed, nation-to-nation and government-to-government relationship based on recognition of rights, respect, co-operation and partnership as the foundation for transformative change. The implementation of the United Nations Declaration on the Rights of Indigenous Peoples requires transformative change in the government's relationship with Indigenous peoples.

These efforts must be guided by Canada's obligation to respect and uphold First Nations' inherent Aboriginal and Treaty rights, including those rights to education referenced in specific treaties and self-government agreements. The nation-to-nation relationship between the Government of Canada and First Nations is rooted in historic treaties, the numbered treaties, self-government agreements, section 35, guided by the United Nations Declaration on the Rights of Indigenous Peoples and informed by the Report of the Royal Commission on Aboriginal Peoples and the Truth and Reconciliation Commission's Calls to Action.

The High-Cost Special Education Program provides additional investments to recipients who provide services for students who ordinarily live on reserve and whose special education needs cannot be met within the current resources that are available for the general student population.

Special education needs categorized as mild to profound needs may be addressed within the funding and terms and conditions of Indigenous Services Canada (ISC) Elementary and Secondary Education Program.

The intervention-based approach is a formula-based method that does not require formal assessments before intervention strategies are introduced. Nevertheless, students must get a formal assessment no later than the end of the following school year.

Under this approach, teachers with the appropriate training can use and interpret assessment instruments to develop the necessary intervention measures that address the student's immediate needs while waiting for a more formal assessment. An IEP should be initiated at this stage.

These students are identified by a physician's or psychologist's report and are required to have an IEP that recognizes the broad range of their physical or intellectual abilities and addresses specific educational, health and personal care needs.

In the event of an inconsistency between the provisions of a Regional Education Agreement, education authority agreement or other transformative education agreement and these guidelines, the provisions of the regional education agreement, education authority agreement or other transformative education agreement will prevail.

The objective of the High-Cost Special Education Program is to improve the educational achievement levels of First Nations students on reserve. The program provides access to quality and culturally-sensitive special education programs and services to:

Recognizing that students with high-cost special education needs may not achieve the same academic objectives as students without high-cost special education needs, the goals set out in an IEP measures a student's ability to meet or exceed their educational goals and demonstrate progression towards a high school diploma or a certificate of completion.

Eligible recipients who can only provide indirect special education services are only eligible to receive funding to deliver those indirect services. For more information, consult Eligible expenditures.

In this context, reserves are deemed to include all land set aside by the federal government for the use and occupancy of a First Nations band, along with all other Crown lands that are recognized by ISC as settlement lands of the First Nations band of which the student is a resident.

In the case of a child in the care of a child and family services agency or in the care of the province, the residency of the child is determined by the residency of the guardian with whom the child is placed. A guardian is a person who assumes authority for the child through a legal guardianship agreement.

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