North Vancouver school district discriminated against dyslexic boy, Supreme Court rules (with video)
Janet Steffenhagen, Vancouver Sun 11.10.2012
Video: B.C. school board discriminated against boy with dyslexia, says court
A North Vancouver father scored a major victory for learning-disabled children Friday when the country's highest court ruled that a public school district discriminated against his dyslexic son by failing to teach him to read.
Rick Moore, who began his legal battle more than 15 years ago, said his family was thrilled with the Supreme Court of Canada's decision and believes it will have a profound impact around the province, even though the court did not find evidence of systemic discrimination.
"The fact that we won against one district means that all districts have to pay attention to the needs of these kids," a jubilant Moore said in an interview, referring to children who have normal intelligence but require specialized instruction because they learn differently.
In a unanimous ruling, the judges said special education "is not a dispensable luxury. For those with severe learning disabilities, it is the ramp that provides access to the statutory commitment to education made to all children in British Columbia."
Moore's lawyer Frances Kelly said the decision sets a national precedent and sends a message to all public schools. "This is a warning to them that they have to comply with their duties under the human rights code to ensure that students with learning disabilities have the same access to education as other students."
Education Minister Don McRae issued a statement saying the decision is under review but he is pleased the court did not find that the Education Ministry had discriminated against Jeff. He also said services for special-needs students have improved over the years.
Jeff was in Grade 3 and still unable to read when a psychologist recommended he attend the North Vancouver district's Diagnostic Centre, which provided specialized services for a small number of severely learning disabled students. But the district, in a financial crisis, had just closed the centre to save money.
Rick and Michelle Moore concluded they had no option but to withdraw Jeff from his neighbourhood school, Braemar elementary, and send him to a private school catering to learning-disabled children - while mortgaging their house to cover tuition and transportation costs. They will now recoup those costs, approximately $100,000, and Jeff will receive about $10,000 in damages.
Moore insisted the case was never about the money but rather the needs of learning-disabled children, especially those whose parents could not afford to pay private-school tuition and have been languishing in the public-school system.
The school district said it was reviewing the 42-page decision with lawyers and wouldn't be able to comment on its impact until next week. "While we are disappointed with the result, we of course respect the decision of the court," it said.
The district was criticized by the court for closing the Diagnostic Centre when it had other options. While acknowledging the serious budgetary shortfalls from 1991-95, it said the spending cuts were disproportionately made to special-needs programs, without any assessment of the impact on students.
At the same time, the board of education retained some discretionary services, including the Outdoor School.
Friday's judgment restores a 2005 decision by the B.C. Human Rights Tribunal after 43 days of public hearings. That ruling had been overturned by the B.C. Supreme Court and the B.C. Court of Appeal, both of which sided with the district on the grounds that Jeff had received the same or better services than other learning-disabled students.
That wasn't good enough in the view of the top court.
"Comparing J (Jeff) only with other special needs students would mean that the district could cut all special needs programs and yet be immune from a claim of discrimination," Justice Rosalie Abella said in writing the decision. "If J is compared only to other special needs students, full consideration cannot be given to whether he had meaningful access to the education to which all students in British Columbia are entitled.
"This risks perpetuating the very disadvantage and exclusion the Code is intended to remedy."
The B.C. Teachers' Federation, which has long lobbied for better services for special-needs students, said teachers are grateful to the Moores for their "tireless and courageous" legal battle. "Their perseverance and commitment these long years has been inspiring. No family should have to fight so hard to get their children the education they deserve," president Susan Lambert said in a statement.
Jeff, now 25, graduated from Grade 12 at Fraser Academy in Vancouver, attended post-secondary and is now employed full-time as a plumber. For Rick Moore, his son's success despite his early struggles, was always a silver lining during their legal odyssey.
Find the ruling here: http://scc.lexum.org/decisia-scc-csc/scc-csc/scc-csc/en/12680/1/document.do