North Vancouver parent fails in appeal of special needs claim
The BC Court of Appeal recently released its decision in the case of British Columbia (Ministry of Education) v. Moore (CanLII), dismissing the appeal of a North Vancouver father who alleged that North Vancouver School District 44 and the Ministry of Education discriminated against his son, Jeffrey, in the provision of educational services to children with severe learning disabilities. Jeffrey’s parents were required to enroll him in private schools to recieve the services he needed. This decision constitutes a landmark in the legal treatment of students with special needs in relation to the nature of accommodations a school district and ministry of education are required to provide.
There are a series of fascinating and timely issues raised by the decision, and many of them are addressed in this link (VPSI). For commentary on the decision, many of the intervenors have press releases posted on their websites – for an example, see here (LDAC). Jeffrey’s father has announced his intention to appeal to the Supreme Court of Canada. We will see whether he has a more receptive audience in that forum.