In defence of equitable opportunities for special needs children

The motivation for this letter is the Churchill case, in which parents are requesting adequate and equitable educational resources for their deaf child following closure of the Newfoundland School for the Deaf (NSD).

I am concerned because, 1. as a former special education teacher, I was involved in the support of children integrated into regular classes to help build success; 2. as co-ordinator of visitation and library programs at Her Majesty’s Penitentiary, I met many inmates who had not received adequate support in their educational programs; and 3. as a mediation trainer, I have concerns about the Human Rights Complaint process that is using tax dollars to pay for lawyers representing Government.

A version of this letter was sent to the Justice minister on Sept 2, with no acknowledgement as of Sept 9.

My concern about the human rights process being implemented in this case stems from its implications for all special needs children.

The difference in this case is that this child’s parents are challenging the situation in which their child has been placed. The difficulty in this case is that the parents are facing a government representative that is funded by tax dollars, with a legion of lawyers, while the parents are forced to beg an estimated $50,000 through Go Fund Me to pay for their legal representation.

Their child is not the only child from whom a special environment (the former NSD) was removed and not replaced with assistance, as promised, to facilitate learning in the most accommodating environment. As with other special needs children before them, the children from the NSD were placed into a “regular” school environment, and left to fend for themselves with minimal assistance from trained specialists.

I have discussed my concerns about this inequitable, unjust and unfair mediation process with the Human Rights Commission. They have assured me that the mediator is a human rights lawyer and a mediator and will help the parents if required. However, such a set-up nullifies the impartiality of the mediator. I realize that the Human Rights Commission is at arms’ length from government. That does not mean that government should condone the inequitable, unjust and unfair representation available to the parents.

The common ground here should be the educational rights of all children – the government should not be out to “win” this case, but rather to ensure that all children have equal access to the educational resources they require. The Government is not a disputant here – public servants making the decisions are the disputants, and should be expected and required to defend their decisions at the human rights complaint hearing.

Governments are elected to represent all constituents and their children. All governmental departments should be concerned for the education of all children in this province.

Money spent on high-priced lawyers to defend the decisions of public servants, whose paid responsibility it is to work on behalf of special needs children could, instead, be used to contribute towards providing resources for these special needs children. Furthermore, the parents are in a position where their tax dollars are not being used for their benefit. Instead, their own tax dollars are being used against them.

I request that the minister of Justice and the Child and Youth Advocate investigate this human rights case process, with the goal of ensuring a more equitable, just and fair approach. At least two possible options could result from government intervention: the injustice evident in this situation would be rectified, and equitable funding, from tax dollars, would be provided for legal representation for this family or funding for the lawyers representing the public servants would be removed. Instead, the officials of the Department of Education responsible for decisions in this case would appear before the Human Rights Commission and defend their decisions to the parents.

Either option would allow the mediator to be impartial, and the mediation process more equitable, fair and just.

In speaking out for their son and those in the deaf community, the Churchills are bravely speaking for many children in the education system.