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ARTICLE · 18 OCTOBER 2010

Human Rights Tribunal Rules that it will not Second-Guess an IPRC Placement

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On February 23, 2010, the Human Rights Tribunal of Ontario released its decision in "Schafer v. Toronto District School Board", 2010 HRTO 403 (request for reconsideration denied 2010 HRTO 884), confirming that the role of the Tribunal is not to second-guess a student’s Identification, Placement and Review Committee (IPRC) placement or recommended accommodations or supervise the implementation of an Individual Education Plan (IEP).

CanadaGovernment, Public Sector
Naomi Calla
Naomi Calla
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On February 23, 2010, the Human Rights Tribunal of Ontario released its decision in Schafer v. Toronto District School Board, 2010 HRTO 403 (request for reconsideration denied 2010 HRTO 884), confirming that the role of the Tribunal is not to second-guess a student's Identification, Placement and Review Committee (IPRC) placement or recommended accommodations or supervise the implementation of an Individual Education Plan (IEP).

This human rights application was filed by Reva Schafer on behalf of her son Eli Schafer, and relates to his grade nine school year at Central Technical School in the Toronto District School Board. Eli had been identified as "exceptional" in the area of "learning disability/language" by decision of an IPRC. Mrs. Schafer alleged that Eli was denied equal treatment with respect to educational services because of disability, contrary to section 1 of the Ontario Human Rights Code (the Code) during his short tenure at the school. Among other

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