RESISTANCE TO ACCOMMODATIONS : WALK THE WALK... don't just.... TALK THE TALK

Under section 29 of the Ontario Human Rights Code (the "code"), the Ontario Human Rights Commission (the "OHRC") has a mandate to forward human rights policy through education, monitoring, communication, research, inquiries and initiating investigations.

Under Section 1 of the Code, education is defined as a "service".

"Every person has the right to equal treatment with respect to services,

goods and facilities, without discrimination because of ... handicap."

Most, if not all, academic institutions recognize their obligations to insure equal accessto education for students with disabilities.  All of their published websites TALK THE TALK and acknowledge their individual obligations to accommodate persons with disabilities, which necessarily include both physical disabilities and learning disabilities. The realist inside me knows, full well, that there is a bit of Government arm-twisting going on here. In the arena of learning disabilities, the pushback manifests itself as rationalized refusal to accept certain professionally prescribed accommodations.  

The accommodation of learning disabilities, disabilities that are not strikingly visibly apparent, can be particularly challenging due to the fact that they are hidden.  Unfortunately, the accommodation of students with learning disabilities has been historically contentious, particularly in the area of testing and examinations. The standard unfair advantage phobia will generally not arise in response to benign test accommodation requests, such as the provision of a quiet room for test writing, or the use of reading or dictation software. It will more likely arise in regards to more contentious issues such as spelling accommodation and the prescribed use of memory aids. The typical rational given for the accommodation refusal relates to a stated concern that the granting of the accommodation will 
undermine or otherwise compromise the validity, or reliability of the test or exam.

In order to address this reluctance, it is imperative to both understand the purpose of the accommodation and to clarify exactly what is the skill that is being tested.  Each situation must be examined on a case-by-case basis, keeping in mind the human rights requirement for equal access and equal treatment in the provision of the subject education services.  The fundamental issue is whether the prescribed accommodation allows the accommodated student to demonstrate what they 

have learned, in ways that bypass or circumvent the features of their disability; the intention is to not lower the testing result standard for accommodated students. Central to this determination is the need to understand exactly what skill is being tested.

By way of example, let us have a quick look at spelling accommodation, the refusal of which can be 
a door closer for many students. Without getting technical as to the deficits in information processing 
or psychological processes that underlie spelling difficulties, let us just start with the proposition that some students cannot spell, will never be taught to spell and will likely be primarily phonetic spellers, for the rest of their lives.

Does the following statement issued by the student disability department of a prominent Canadian university, concern you?

"Consideration for Spelling

In some courses, such as language and biology, faculty may determine that the ability to spell course specific terms and vocabulary is a requirement of the course.  As such, students with disabilities are expected to demonstrate the ability and may not be accommodated for spelling on a test or exam."

If this were my child who was being denied, it would most certainly concerns me.

Assuming that mastering a biology course is a condition precedent to entering medical sciences, the inability to spell may be a door closer barring the learning disabled student from numerous medical science related careers.

Just because my child presents the word amoeba phonetically as "omeeba" but can clearly express orally, the fact, that he fully comprehends the fact that an "omeeba" consists of unicellular organisms that do not have a definite shape, does that mean that he has not mastered the underlying skill of understanding the building blocks of all organisms?

Something is seriously wrong with this picture.

The same pushback often times arises in regards to reluctance to allow memory aids in the form of formula sheets. Is it acceptable for a university to state that a student's ability to memorize formulas is an essential course requirement that cannot be accommodated because it would undermine the academic integrity of the course? If that is the case, the student who cannot memorize formulas, will be similarly precluded from a number of professional career pursuits.

HOW ONE BAD TEACHER CAN HAVE A DEVASTATING IMPACT ON YOUR CHILD'S SELF ESTEEM AND ACADEMIC FUTURE...WILLARD WIGGAN’S, “Journey Into Dyslexia” is an inspirational must watch short video.


Background to Willard's journey:

I came across this video a year ago and found it to be inspiring and compelling. It speaks emotionally and dramatically to the issue of learning exceptionalities and the impact that ignorant and demeaning people can have upon an exceptional child.

Willard tells the story about his childhood when his "evil" teacher mocked him (in front of his class) because of his learning exceptionality, and callously referred to him as the "definition of failure."

One day when a microscope went missing, from Willard's classroom, the teacher out rightly dismissed Willard as being the potential culprit. The teacher effectively stated that, Willard did not have the mental capacity to even use a microscope...so he couldn't have been the thief! Willard insists that this evil teacher destroyed him academically and emotionally, and turned him into a recluse.

PLEASE SEE PART 1 and PART 2 of these short, but INSPIRATIONAL videos, and see the inspiring and uplifting result of Willard's Journey into Dyslexia!!!


                                 WILLARD'S JOURNEY INTO DYSLEXIA PART 1

                                        http://youtube.com/watch?v=HAwPaZ2mt4E

 WILLARD WIGGAN

TEACHER  CALLED HIM  A. FAILURE?


  WILLARD'S JOURNEY INTO DYSLEXIA PART 2
 http://youtube.com/watch?v=nQuDE58PQBg

WHAT BECAME OF WILLARD THE FAILURE

Willard, according to the teacher was destined for failure. He proved his teacher wrong and became a world-renowned micro-sculptor, creating sculptures that are so minute that they are only visible through a microscope.

"Each piece commonly sits within the eye of a needle, or on a pin head. The personal sacrifices involved in creating such wondrous, yet scarcely believable pieces are inconceivable to most. Willard enters a meditative state in which his heartbeat is slowed, allowing him to reduce hand tremors and sculpt between pulse beats. Even the reverberation caused by outside traffic can affect Willard’s
work. Consequently, he often works through the night when there is minimal disruption. Willard’s artwork has been described, by many, as the eighth wonder of the world.”

In July 2007, Willard was honoured by Her Majesty Queen Elizabeth II, with an MBE for his services to art. A diverse audience views his work, with his exhibitions selling out worldwide.

                
                           FROM WILLARD'S GALARY OF MICRO SCULPTURES

          

HORSE AND CHARIOT
SCULPTED ON THE HEAD OF A PIN 

NINE CAMELS
SCULPTED BY WILLARD
IN THE EYE OF A   SEWING NEEDLE

So much for Willard the failure!

Children with learning difficulties are often gifted; they just learn differently.

WHY DON'T OUR SCHOOLS ACCOMMODATE OUR CHILDREN WHO ARE STRUGGLING ACADEMICALLY ??

WHY DON'T OUR SCHOOLS ACCOMMODATE OUR CHILDREN WHO ARE STRUGGLING ACADEMICALLY?

In the past decade, us "boomers" have experienced a seismic transformation of technology, which our children embrace as the norm, as we revel in the magnificence of it all. Who would have thought, even 20 years ago, that one day people would be carrying around multi functional personal communication devices that double as telephones, cameras, video conference facilities, data centres, entertainment centres...and more.  

The optimists amongst us had  hoped that the education system would have joined in this fast track life transformation, so that "teaching" and "learning" would have reached a natural equilibrium, wherein  "struggling" students would become the "exception," as opposed to the all too common norm.

We ask, "Where did we go wrong?”  

"Why are we seeing epidemic levels of student suicides at University entry levels?”

“What is going on here?”

If truth be told, the academic innovators have NOT been asleep. For the past decade, they have been busy re-evaluating the education "process" and creating new and innovative educational policies and guidelines which holistically address "struggling"  students, and for that matter, all students. They have designed an arsenal of "accommodation" and "modification" techniques that address, both the root causes of students' academic struggles, and the teaching methodologies necessary to allow "across the board" success. They have also readdressed the political correctness of academic related descriptive terminology, such that we now reference "students with exceptionalities", at both ends of the academic achievement spectrum. Student "assessment" now flanks and co-mingles with mark oriented "valuation" as an acceptable, and appropriate co-barometer, of student success.

So, you say, "Sounds promising!" But, you then ask, "Where did we drop the ball on route to the anticipated home run?"  

Let's talk about Ontario.

In 2010, the Ontario Ministry of Education tabled a transformational policy document titled:

 GROWING SUCCESS

                                     (www.edu.gov.on.ca/eng/policyfunding/growsuccess.pdf)

Assessment, Evaluation and Reporting in Ontario Schools.

Covering Grades 1 to 12

Most telling as to the intent and driving force behind this evolutionary educational policy document are the following three small words, which boldly appear centre stage at the bottom of the front page of the document:

reach every student

These three simple words encapsulate the theoretic and practical underpinning of this revolutionary and innovative academic reality, which recognizes the fact that all students learn differently, and teaching techniques must be individually customized so as to cater to each and every student's learning style.

EVERY STUDENT can and must be REACHED.  

This was to be the new reality.

The motivational backdrop of Growing Success is succinctly stated in the document's introductory statement, which reads as follows:

"The Ontario government is committed to enabling all students

          to reach their potential, and to succeed. Our challenge is that

          every student is unique and each must have opportunities to

 achieve success according to his or her own interests, abilities,

 and goals. We have defined high expectations and standards for

 graduation, while introducing a range of options that allow students

 to learn in ways that suit them best and enable them to earn their

 diplomas. We are proud that our students regularly place among

 the world’s best on international standardized tests."

This is the law. It is the law not just in the sense of being the governing education policy in Ontario.  It is law that is deeply entrenched in human rights legislation. Breach of some of these policy guidelines (case dependent and under certain prescribed circumstances) may be interpreted under our human rights legislation as human rights violations that are considered to be discrimination.  The simple explanation of this human rights "tie in" is as follows:

"Education" in its broadest sense is considered to be a “service” under the Ontario Human Rights Code. It does not matter if this educational service is being provided by a publicly funded school or by a private school or by a college or university. The bottom line is that the Code guarantees the right to equal treatment in services, without discrimination on the ground of disability.

"Disability" is also broadly interpreted such that it does not just include readily apparent (visible) physical disabilities.  It also includes learning disabilities. Once a learning disability (or a "learning disability-related need) is diagnosed or identified, educators at all levels, have an obligation to intercede.

Once a disability-related need has been identified, or where a prima facie case of discrimination has been established, education providers have a duty to do what has to be done in order to accommodate the needs of identified students "with disabilities" in order to allow him/her to have equal access to the provided educational services unless, to do so, would cause undue hardship. Demonstrating "undue hardship" is a tall order and must not be confused with straining a school's pre existing policy and ideological opinions. 

The duty to accommodate should not be taken lightly. The principles of accommodation are clearly set out in the following exert taken from the Ontario Human Rights Commission's Guidelines for Accessible Education:

"Accommodation is a means of preventing and removing barriers that impede students with disabilities from participating fully in the educational environment in a way that is responsive to their own unique circumstances. The principle of accommodation involves three factors: dignity, individualization and inclusion."

          ( Guidelines on accessible education | Ontario Human Rights…

www.ohrc.on.ca/en/guidelines-accessible-education

ISBN 0-7794-7191-1. Approved by the OHRC: September 29, 2004)

So, you ask, "Where did we go wrong?” "Talk the talk is one thing...but what about walk the walk? What can we, as parents, do about it? How do we advocate for our children?"

That, my friends, is a question that has a multi tiered answer. Let's start at the ground-floor by identifying the most apparent culprits in the palatable resistance to the identification and implementation of the necessary accommodations that will allow your children to be "reached" and will allow you, and your child, to feel that the educational services being provided are fully accessible to your child's specific (individual) needs:  

• Rigid school policies that are resistant to accommodation implementation
• Demonstrated lack of knowledge as to the duty to identify exceptional students and to  accommodate them accordingly.
• Old school educators who are simply out of touch with their obligations, and are drawing upon an outdated personal  "resource manual".
• Lack of sufficient practicum experience, in the case of candidate teachers.
• Misdirected concern that accommodations must be tempered in order to ensure fairness to the other students.
• A chronic misinterpretation of accommodations as being unfair advantages.
• A failure to understand the distinction between "essential" course requirements, and those non essential course requirements that can be easily satisfied by flexible and creative teaching strategies.

AND SPECIFICALLY IN REGARDS TO SOME PRIVATE SCHOOLS:

• Minimal Ministry oversights, as the schools are regarded as a "business".
• No requirements for principal or teacher qualifications.
• Lack of support resources (e.g.: guidance, special education services)

NEXT BLOG: Advocating for Your Child: Navigating the Waters.