Human Rights Tribunal Rules That Duty To Accommodate Requires Discussion And Consideration

Settling on the appropriate accommodation for a student with a learning disability can be challenging, with parents, educators, doctors, psychologists and other professionals all weighing in. As natural advocates for their children, parents often want more assistance and resources for their child than schools are able to offer. How far does a school board have to go to meet parents' expectations? In a recent decision, the Human Rights Tribunal of Ontario commented on the duty to accommodate, the requirement for discussion between parties, and the question of whether more could have been done to assist a student with learning disabilities.

In D.S. v. London District Catholic School Board,¹ which was released on April 18, 2012, the Human Rights Tribunal of Ontario (the "Tribunal") dealt with two complaints, both alleging that the London District Catholic School Board (the "Board") failed to accommodate students' needs with respect to their learning