In J.S. v. Dufferin-Peel Catholic District School Board
(J.S.), a decision of the Human Rights Tribunal of Ontario
released on September 14, 2018, Adjudicator Michael Gottheil held
that the Dufferin-Peel Catholic District School Board (the Board)
did not breach the Ontario Human Rights Code (the Code) by
not providing Applied Behaviour Analysis (ABA)/Intensive
Behavioural Intervention (IBI) therapy in the classroom to a child
diagnosed with Autism Spectrum Disorder (ASD).
Background
The mother of J.S., a student at one of the Board's schools
who was diagnosed with ASD, filed an application in early 2016
claiming that J.S. required ABA/IBI therapy to be delivered in the
classroom in order to have meaningful access to education.