Education law includes the laws that govern schools. All students ought to be provided a welcoming, caring, respectful and safe learning environment. Students and their care givers ought to be treated fairly and have their civil and constitutional rights fully respected by educational institutions.
Parents ought to be allowed meaningful involvement in, and to remain informed of, their children’s education. Their questions concerns ought to be heard and meaningfully responded to. Complaint processes ought to be neutral and free of bias. Decisions by educational institutions ought to be made by neutral decision makers and based on evidence. Reasons for decision ought to be intelligible and fair. The power that schools have over children and their families ought never to be abused. Justice should not only be done, but seen to be done.
In recent years, a variety of factors have led to many parents feeling sidelined and shut out of their child’s education.
Canadian courts recognize that the rights of minor students are exercised through their parents. Parents may also have certain rights that are distinct from the rights of their children.
Areas in which problems may be encountered in educational settings include access to educational programs and transportation, curriculum instruction (or lack thereof), school athletics, discrimination, accommodation, school discipline and harassment and bullying.
Certain conduct by educational institutions, and legislation governing them, are also subject to the Canadian Charter of Rights and Freedoms.
If you have an unresolved issue with your school or your child’s school, seek legal advice early. There are various ways to attempt to resolve the problem but certain steps must be taken in certain ways to preserve your rights. This includes expressing your concerns in writing to the teacher, school administration (principal or vice-principal) and district administration (assistant superintendent, superintendent or Board of Trustees) within the time frames required by relevant school district policies governing complaints and appeals and in accordance with provincial legislation governing schools or education, such as British Columbia’s School Act, Alberta’s Education Act. You should provide evidence supporting your assertions. If you are seeking information and it is not being provided, consider making a formal request through freedom of information legislation.
If you are summoned to meet with school or district administration, be aware that this may be a step they are aware they must offer you, whether or not they intend to meaningfully address your concerns, and that certain time frames may apply for you to take the next step. It is wise to attend such meetings only once you are fully prepared.
Approaching these issues carefully from the beginning assists in preserving your rights to take more formal steps later should that be necessary. This may include a challenge under provincial legislation governing schools or education, such as British Columbia’s School Act, Alberta’s Education Act, and a judicial review and pursuing a civil claim.