Archive for category Autism

Refusal To Regulate Regional Autism Centres Has Opened The Door To Lawsuits

 

The Minister of Children and Youth Services Michael Coteau has actively refused to bring in regulation of the provinces regional autism centers despite major issues being reported to the government regarding the behaviors of these regional service providers.  I’ve heard significant issues over the past few months with respect to the roll out of the new Ontario Autism Program and the lack of compliance with ministerial guidelines by these providers in which the Minister himself stated was an issue in a town hall last May.

The issues right now are with respect to wait list management in which is the responsibility of these regional centres, and adherence to new OAP guidelines. The Ministry has stated it will be providing regulations regarding how private autism centres are administered, however Coteau in a townhall with parents last May rejected the claim that regulations were needed on the regional centres because “some people are happy” despite admitting frustration that these centres were not adhering to guidelines.  This decision to not regulate the regional autism centres may have opened the door to massive legal liability on the province moving forward.

I’ve written a lot on this blog about autism and our long battle to get service for my son, which has come at great cost to all in our family.  While doing this I’ve been making a legal case directly to the Ministry regarding the need for regulation of the regional autism centres. That appears to have fallen on deaf ears. With less than a week away from the election writ dropping, there has been no legislative movement on the file.  I recently commented on social media about the case we made to the Ministry with the hopes that it might assist others legally going forward. We are now getting service through our regional provider.  Here is that conversation:

JK (me): “The implementation committee rejected calls for legislation to regulate the regional centers. I have the Minister on tape with respect to that, and even acknowledging the fact that these regional centres do not follow ministerial guidelines. It’s the ministry’s legal responsibility as the legislative body to oversee these centres. The minister is also on record that these regional centres HAVE to provide you with your place in line when asked, and an estimate as to when you are expected to get service.

In short those that are on the implementation committee who rejected regulating the regionals hoping a direct funding option would cure any bad behavior, opened up the government to substantial legal liability. The government can’t distance itself from the behaviors of the regionals because they’ve openly admitted there are problems, and have actively refused to legislate a solution.

Statute of limitations for all of this began May of last year with the admission from Minister in the first pilot teleconference. Families experiencing problems now, have one more year to file with the Superior Court of Justice. There may not be any limitations on the Human Rights Tribunal since the problem is ongoing.”

Link to the May 2017 Townhall is here:

https://onedrive.live.com/?authkey=%21ANRZ77MT4n3vltg&id=47BE96EF78FE2F05%212481&cid=47BE96EF78FE2F05

MB: “The ministry has successfully argued before the Ontario Human Rights Tribunal that the government is not responsible for the service delivery of the AIP. We are just on of many other programs the province claims ownership of but the reality is there is no oversight over any programs.

The MCYS has allowed children’s aid at at with impunity for years. And the youth justice system under the MCYS doez what exactly?

It was public embarrassment that lead to the current charges, nothing more. The only way to affect change is through public awareness.”

JK: “Yes they have successfully argued that they are not responsible in the past, however these cases didn’t include an admission from the Minister and government directly of the problems, and admittedly walking back on regulation because “some people are happy”. We also had several phone calls recorded from our regional provider, blatantly disregarding ministerial guidelines, and treating us as hostile.

I would also add, after we slapped this on the Ministry, the Ministry essentially took over, and is currently overseeing progression of our file with the regional provider ensuring service delivery. I’ve been in consistent contact with the Ministry regarding service delivery since November. They’ve been working along side the regional ensuring we are properly supported.

MB: “I have an email from the ministry asking about accountability. They avoided answering the question.

I used this example: as a feberal employee i am responsible for my actions with the public. My employer, the federal government is accountable for my actions. They will not admit accountability.”

JK: “Of course they aren’t going to blatantly admit it. They are currently trying to duck liability. You don’t need them to admit it. The minister already has.

Coteau is on record stating the Ministry is accountable. Not only did he state that in the teletownhall in May last year, but prior to that he reaffirmed that position here:

“Parents have long complained about red tape, miscommunication and inconsistencies when dealing with the regional centres. The minister said he has heard from families who say they’ve been pressured to choose services run by those centres instead of the direct funding option they prefer, which would allow them to arrange and pay for their own therapist and treatment schedule.

Many say they’ve been told by the centres that choosing direct funding will mean waiting at least a year longer for treatment, he said.

“To me, that’s unacceptable. We need to hold systems accountable,” he said. “When you have so many people complaining about a particular system, the status quo cannot be maintained.””

https://www.thestar.com/news/queenspark/2016/10/11/massive-change-needed-in-autism-services-minister-says.html

^^ He assumed liability with these statements in the Star. Couple that with an admission that the regionals are disregarding ministerial guidelines,  a walk back on regulation in the teletownhall in May, and they can’t distance themselves from it. After the first teletownhall in May last year, all the questions were screened and Coteau stuck to talking points, for this very reason. We got him off script in the May teletownhall. He screwed up royally. They need to regulate. It’ll be up to next government to deal this with now. In the meantime that’s the door to walk through.

One final point and the reason why I’m coming forward in a public way now on this, is because the election writ drops next week. So unless the Ministry drops legislation in to fix it and passes third reading in the next 3 or 4 business days, this door will be open for a while for others to walk through.”

If any of you have any further questions you can e-mail me at jkobopoli at rogers dot com

Jason Koblovsky

 

 

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Austerity Looms As Parties Refuse To Come Clean on Autism Services in Ontario

(Current Platforms in Ontario’s 2018 Election Puts Province At Risk of a Credit Downgrade)

Late Tuesday afternoon Moody’s downgraded the economic outlook for Ontario from stable to negative. In its press release Moody’s cited the recently tabled Liberal budget, and growing spending pressure from all parties that need to be addressed as the economy is expected to retract 1% by 2021. Moody’s also cites current household debt is a record high level, and that key interest rates are likely to rise as a result, making it expensive to service the debt, with retracted economic growth. If spending pressures do not ease post-election, it could mean that Ontario could face a credit downgrade in the very near future which would have a huge impact on the provinces ability to borrow money.

What does this mean for autism services? Over the past several years the autism community has been dealing with austerity through the Wynne Liberals. The last time Moody warned of an impending credit downgrade Wynne slashed special needs education budgets, tried to lower the age of behavioral therapy, and froze special services at home funding. Just in time for the election Wynne has stopped a lot of the austerity measures she put into place, and focused more investment in autism services in Ontario, with huge spending promises in other areas.

The NDP have released their platform, which is huge on spending rather than prioritizing. The NDP in their election platform have stated that they are willing to keep the status quo in Wynne’s investment in Autism Services. In fact NDP MPP Monique Taylor took to social media to try and calm the nerves of parents that the NDP would in fact keep investments the Liberals have made in place, however did not respond to questions regarding Moody’s economic outlook downgrade and what the NDP would do to shift priories to protect the disabled from austerity measures.  Taylor who has championed parents’ plight with austerity in the past is currently being sued for human rights abuses in her own constituency office.  NDP leader Andrea Horwath has stated in the past that she may take action against Ms. Taylor if a negative judgement is placed on Taylor’s conduct.

Doug Ford hasn’t released any policy platform at all.

With a credit downgrade almost certain in the near future with the current platforms, all three parties should clearly express to the people of Ontario exactly what their priorities are and where the cuts will be. The disabled should not be the punching bag of austerity. They’ve been through enough of that over the past few years. The cupboards so to speak are already bare. The tax payers deserve answers.

UPDATE 12:43: Finance Minister Charles Sousa has responded to the Moody’s downgrade:

 

https://platform.twitter.com/widgets.js

You can read the full Moody’s press release below:

 

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Has The Ontario PC Party Opened Up a Pandora’s Box With Brown?

Since the Patrick Brown scandal broke on CTV, there are a lot of unanswered questions about the allegations surrounding Brown’s accusers of sexual misconduct, to the role both the party and the reporting by CTV News played in Brown’s freefall as leader of the Ontario PC party. In a two part interview with Global TV which played out over two days, Brown blasted CTV News for its reporting on the scandal calling it utterly false. Brown also dropped a bombshell stating that he didn’t authorize his own resignation. Toronto’s CityTV was pushed out of the PC’s offices in Queen’s Park when asking for proof of Brown’s resignation. Combine that with a leadership race in which all leaders are willing to throw out the party platform to take a much less progressive direction in their bid to wow voters, and we start to see a pandora’s box opening up on the Ontario PC Party.

Brown stated in his interview with Global that he has a lot of political foes inside and outside the party that could have set this all up and that CTV didn’t do their due diligence in its reporting on the matter. From following this story closely over the past few weeks, there has been several news organizations trying to verify CTV’s reporting on the allegations and have not been able to verify CTV’s reports on Brown’s sexual misconduct. Eventually the media themselves have raised questions on CTV’s reporting on the allegations. Then it was revealed that witnesses to the events CTV reported on had a different take on what had transpired were ignored. Brown has threatened legal action on CTV News.

When listening to the PC leadership debates, it’s quite clear that all of the proposed candidates are way more right than Brown. Leadership hopeful Christine Elliot even suggesting that the province needs to privatize autism services in Ontario. This would be a front to the privatization of health care in this province and representative of far right wing ideology. Full disclosure I have a child with autism. This approach would mean that needed therapy and supports would be out of our reach financially. While the federal conservatives argued against due process with respect to Omar Khadr, and that the financial pay Khadr received should have gone to kids with autism, I’m really curious to know as a parent with a child who has autism, what the federal conservatives think with respect to Elliot’s suggestion of privatization, and what they think on due process for Brown.

What seems to have transpired is that this inside hit job on Brown could be best described as the right wing of the party going after the progressives. If that is the case, than we can expect to sit back and watch this party plunge itself into civil war prior to an election and there’s a lot of indication that’s going to happen in the weeks ahead. There are indications that the voters of Ontario may have shifted from a traditional right of center voting intentions to left of center lead by the millennials. Brown represented that shift with a much more progressive direction he wanted to take the province in. If the party’s shift is to the right, it’s going to be very difficult to not just win the next election, but if civil war breaks out in the party it’s going to be near impossible for the party to win opposition let alone form government.

Whatever the case maybe, the public is owed an explanation and transparency by the party prior to any new leader taking over so that voters of this province can make an informed choice moving forward.

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UPDATED: Ombudsman to Ontario Parents and Students – We Don’t Believe You!

(Ontario Ombudsman Taking A Hands Off Approach To Systemic Issues With Ontario’s School Boards)

Just as the Ministry of Education’s probe of more mishandling of public funds at the York Region District School Board becomes clearer, the Ontario Ombudsman has sent a strong message to tax payers that it will not comment on the lack of systemic investigations into the education sector.

In a response to questions this blog sent into the Ombudsman’s office outlining several concerns of those that have written into this office over the past two years, spokesperson Lina Williamson had this to offer:

Your email asks our office to comment on complaints and issues in a public forum (your blog). Due to the confidentiality of our process, this would not be appropriate. We invite you and any parents with whom you are in contact who have unresolved issues with school boards to contact us through our confidential complaint process (more info at this link):

https://www.ombudsman.on.ca/Make-a-Complaint.aspx

Williamson also has a message for parents of special needs kids that have complained into the office and feel that the Ombudsman isn’t taking the issues seriously:

[Their] allegations that the Ombudsman has not been tackling issues that matter to Ontarians are unfounded and contrary to the facts. The Ombudsman and his team are deeply committed to enhancing governance in the public sector by promoting transparency, accountability, and fairness.  We do that by resolving more than 21,000 complaints and inquiries every year in the most efficient manner and at the lowest level possible. In fact, 80% of cases are resolved within two weeks.  In the 19 months since his appointment, Ombudsman Paul Dubé has published two Annual Reports, reported on 47 investigations of closed municipal meetings, and published five reports on systemic investigations, calling for policy and procedure reforms in police training, the placement and tracking of inmates in solitary confinement, supports and services for adults with developmental disabilities, and most recently, the provision of school busing services in Toronto. All of the Ombudsman’s 161 recommendations in these investigations have been accepted, and the organizations in question have pledged to implement them.

The office seems to be deeply concerned about transparency, accountability, and fairness just not within the education sector or for children with disabilities this sector serves. With respect to the Ombudsman’s mandate, Williamson had this to offer:

As is typical of a Parliamentary Ombudsman, we are an office of last resort. The Ombudsman is appointed by an all-party committee of the Legislature (not by the government), is impartial (not an advocate), and is completely independent of government, all political parties and interest groups. Anyone with questions is welcome to contact us through our website or at 1-800-263-1830.

Finally, our office recommends all school boards and municipalities have independent integrity commissioners. This is a widely recognized best practice, as local accountability mechanisms within the communities they serve can usually resolve complaints and issues more efficiently (the province recently amended legislation to require all municipalities to have an integrity commissioner by March 2019). The Ombudsman does not replace local accountability officers, but can take complaints about them.

Once again, anyone who has an issue with a school board or other public sector body within our mandate is encouraged to contact us through our confidential online form, complaints phone line, or by emailing info@ombudsman.on.ca/

UPDATED: 11/9/2017 7:15pm

In the quest for transparency, I’ve followed up with the Ombudsman’s office regarding their responses.  There’s been some back and forth since the original posting.  Here’s what has transpired:

JK: The allegations surrounding your office not tackling the issues in the education sector, are not my own.  Those allegations come from those who have directly complained to your office and are being referred back to their respective boards for complaint resolution.  Your response below to questions regarding a specific mandate the Ombudsman has on the education sector, seems to be more generalized.  Are you stating on the record here, that the reason why the Ombudsman hasn’t followed through with SORT investigations into the education sector, is because those complaints that have come into your office regarding school boards have been resolved?  Can you please clear that up.

LW: “Are you stating on the record here, that the reason why the Ombudsman hasn’t followed through with SORT investigations into the education sector, is because those complaints that have come into your office regarding school boards have been resolved?”

No. First, the Ombudsman has done a SORT (systemic) investigation in the school board sector: The report The Route of the Problem was released in August, and all of Mr. Dubé’s recommendations were accepted. It can be found here: https://www.ombudsman.on.ca/Investigations/SORT-Investigations/Completed/Toronto-school-busing-issues.aspx

Second, we cannot discuss individual cases with third parties. To reiterate, anyone who has a problem that they have been unable to resolve at the school board level is welcome to contact our office through our confidential complaint process.

For your general information, we oversee more than 1,000 public sector bodies and receive more than 21,00 complaints per year. Most are resolved informally. Receiving multiple complaints on an issue does not necessarily mean the Ombudsman can, should or will conduct a systemic investigation. Several factors go into any decision to conduct a systemic investigation, including the number of complaints, available resources, whether other resolution mechanisms can address the matter, whether there is evidence of a systemic issue, whether the matter relates to administration rather than broad public policy, and whether is being addressed by the institution in question.

JK: I’m not asking you to comment on individual cases, just systemic issues that your office should be aware of through individual complaints, and media reports.  While I congratulate this office for ensuring school children get to school on time in an isolated incident within the province, I’m more than curious to see such a reluctance to put forth investigations on what happens when these kids get to school, the lack of support for special needs, the lack of application of the education act systemically, and a general lack of accountability within the school system itself.  These issues are not just widely known to your office through individual reports, they are widely documented in media.

There’s no valid excuse for not following your mandate when it comes to the education sector.  It’s truly unfortunate that our most vulnerable are caught in the middle and paying a heavy price due to the unwillingness to further, and independently investigate.  That will surely reflect on policy discussions as it comes to any future mandates your office will or will not receive by government post 2018.  The lack of engagement by your office on education issues over the past two years has been duly noted by Ontarioians who have written in to your office for help and have been slapped in the face by this office, and their respective boards.  It’s unfortunate.

JK: While the discussion revolves around recent issues, I’ve attached a response this office gave to 400 individual complaints in 2010, in which your office has outlined concerns regarding the lack of independent oversight on the education sector. There has been very little movement in law regarding those concerns since 2010 other than your mandate.  As a result the education system is in crisis, with our most vulnerable taking most of the hits in the classroom.  I’ve attached this offices 2010 response, and I’ve highlighted what should be self-explanatory.  Your office is fully and completely aware of the problems.  While I know that your office can not comment on these 400 individual complaints, it will make for some interesting public discussions around your mandate moving forward.  I’m still waiting for an interview with Dupe.  The people of Ontario would like to hear directly from him on his mandate and the independence of this office please.

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What has your experience been with the Ombudsman’s office, and the school boards? We would like to hear from you.  Leave a comment, or message us anonymously at jkobopoli at rogers dot com

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Education Crisis Grows As Ontario’s Ombudsman Nowhere To Be Found

(Ontario’s Ombudsman Paul Dube is Falling Short on The Provincial Education Crisis and May Not Be Following His Mandate)

 

With media reports of students across this province being under supported almost on a weekly basis now, frustration with parents who often approach the Ombudsman’s office on lack of compliance of board staff on the education act, to what looks to be systemic misappropriation of tax payers funds by school boards,  to education sector unions demanding more money be spent on their members rather than kids – I thought it might be necessary to write into the Ombudsman’s office and find out why after two years of his mandate which is retroactive, there has been not one systemic investigation into the education sector on these issues in this province with a crisis growing by the day.

Below is a list of questions/concerns I sent into the Ombudsman’s communication department.  Apparently they don’t have a canned response to handle any of the below, and I am told this has been moved up the ladder to the Ombudsman himself, and his staff.  I’m told I should be receiving a response to this “soon” and I will post that response when it comes in.

I’m a syndicated blogger and contributor to a political and policy blog called Mind Bending Politics which follows political policy in Ontario and Canada Wide. I’ve been following the crisis in our education system now for over ten years. The predecessor to your office Andre Marin was quite adamant in getting this mandate to look into Ontario’s education sector since your office was fielding a number of complaints regarding the lack of compliance within the education act on a systematic level. I was one of the primary advocates to ensure that your office received a mandate through the province in investigating complaints within the education system.

https://www.yorkregion.com/news-story/1468053-region-parents-worry-about-anti-bullying-watchdogs/

Two years into your mandate, we’re not seeing a reduction of these issues outlined in the above article, in fact since your office has received your mandate on the educational sector, we’re seeing the lack of compliance within law grow exponentially across the province.

I have followed quite a number of complaints into your office, which should have sparked SORT investigations into the public education system, and the lack of compliance with the education act that is systemic and has been for some time.

I’ve received word by several parents that have written into your office that instead of actively investigating complaints on systemic non-compliance of the education act, you are telling parents that you are a last resort option and referring 100% of these cases I am aware of back to their respective boards where often these complaints end up being not resolved with respect to compliance with the law.

I have a few questions I would like to ask.

1. First, since your mandate the York Regional District School Board has and is the latest board to come under fire for non-compliance of the education act, and misappropriation of public funds, and systemic racism. It took a parents complaint into the human rights tribunal regarding racism before the province decided to step in. Can you explain how or why your office over the past two years were not aware of the situations within the York Regional District School Board that were later outlined by provincial investigators as being long term systemic issues across the YRDSB? Many parents within the YRDSB have written into this office regarding compliance with the education act, and your office has thus far refused to get involved. Can you further explain why that is?

2. Second, in your 2016/2017 annual report, this office gave praise to boards like the YRDSB who are setting up a self policing integrity office, and recommended that other boards do the same. Can you further explain why this office is advocating for a non-independent integrity review when your office has the mandate to independently and systemically investigate compliance with the education act? Why would an integrity office would be needed with your mandate, and why is this office endorsing a non-independent review of the integrity of board employees in the first place?

3. Since September 2017, I’ve seen almost weekly reports in the media and social media of special needs kids being sent home pre-maturely, not properly supported in the education system, lack of compliance with the education act on IEPs, a lack of hiring properly trained staff. Is this office monitoring those reports, and if so could you please offer comment as to why your office isn’t taking any public initiative to conduct a SORT investigation into special needs education in the province of Ontario?

4. Recently Janis Jaffe-White, co-ordinator, and Reva Schafer, resource parent, of the Toronto Family Network wrote an op-ed in the Toronto Star outlining concerns regarding the lack of compliance with the education act province wide for special needs students. I would like this office to further comment on this op-ed and what this office plans on doing to thoroughly investigate these issues with compliance with the education act both at the board, and ministerial level.

https://www.thestar.com/opinion/letters_to_the_editors/2017/10/31/your-letters-pilot-for-autistic-students-only-a-band-aid-solution.html

Warm Regards,

Jason Koblovsky

 

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CUPE Blasts Help For Autistic Kids And Puts Its Members First

(CUPE Says Money Should Go To Its Members Rather Than Autistic Kids)

CUPE who is the union representing educational assistants (EA) in the province of Ontario released a press release this week in which it has lambasted the provincial government for piloting a project which will allow autistic kids to receive privately purchased therapy to be administered in public schools. CUPE says by doing this would open the door to privately funded education, and that its current members are not qualified to handle special needs students despite millions that have been negotiated in front line workers with the province over recent years.

As part of its revamp of Autism services in Ontario the provincial government is expected in the next few months to allow families a choice to purchase Applied Behavior Analysis (ABA) therapy for kids with autism privately or go through publicly funded Centre’s. This move by the province to offer a private option paid for by the province is expected to reduce wait times for this needed therapy.

The move by the province to pilot a project to allow privately purchased workers to administer this therapy in school would be a necessity to the success of students receiving that therapy at the choice of the families, and lighten the load on parents who often have had to drive autistic kids to and from these appointments, often in separate cities in which the these children are being educated in and miss days at work. CUPE on the other hand thinks that the province should shell out that money to retrain EA’s across the province, rather than give parents a choice or say in their child’s therapy:

“We represent 13,000 Educational Assistants who work hard, with other Board employees and parents, to develop and deliver individualized educational programs to assist students with multiple challenges, including those with autism,” said Terri Preston, Chair of the CUPE Ontario School Board Coordinating Committee. “They are deeply concerned by any initiative that opens the door to the privatization of those critical services in our schools.”

Parents of children with special needs, including children with autism, have every right to expect they can walk into their local school and receive the services their children need, fully funded and publicly provided,” said Fred Hahn, President of CUPE Ontario. “They shouldn’t have to worry about securing outside funding, finding a private provider or paying out of their own pockets, to ensure their children succeed at school. That is the responsibility of the government and instead of just abdicating their role to private operators, they should be properly funding and providing all the necessary services students with special needs require.”

The ABA therapy these kids will be receiving will most likely be publicly funded as part of the new Ontario Autism Program. Terri Preston, Chair of the CUPE Ontario School Board Coordinating Committee essentially stated in this bizarre press release from CUPE that the union negotiated $52 million from the province for front line workers recently, who by admission of this press release are not qualified enough to be working with special needs kids in our public schools, and the government must pay for unqualified staff to get degrees in behavior analysis (which is a two year full time university course at Brock University):

“As education workers, we know students with special needs need more front-line staff support,” said Preston. “It’s why, in contract extension talks with the government, we negotiated $52 million over two years to increase front-line staff working with students with special needs. Even with those hard-won investments, more support is needed for students with a variety of complex needs and that’s why the government needs to finally conduct a long-overdue funding formula review.”

The press release gets a hell of a lot weirder as you read on. In its closing remarks after blasting the government for allowing parents a choice and complaining that its membership is under-qualified to support kids with special needs ended the press release with this statement:

“Many of us already have ABA training or incorporate ABA principles into our work with students,” said Laura Walton, an Educational Assistant who is also Vice-Chair of CUPE’s Ontario School Board Coordinating Committee. “Educational Assistants are constantly upgrading their skills and knowledge, often at their own expense, so any funded training opportunities are always welcome. We have been asking the government to ensure Educational Assistants, and all board employees who work to address the complex needs of our students, have access to an array of professional development opportunities, including ABA training.”

Wouldn’t working with privately funded ABA therapists which I would think would be the goal of the government here, be more beneficial to both their own members and the students they serve? Wouldn’t that give EA’s workplace experience in ABA working alongside these therapists? Where’s the outrage from CUPE that university or college programs educating future EA’s are not required under law to ensure an extensive ABA training? After a $52 million investment from the province in front line EA workers to support special needs, why is the province agreeing with CUPE to hire unqualified staff in a $52 million negotiation in the first place? In our view it should not be the position of the province or tax payer to front the bill for unqualified staff. Simply hiring qualified staff would be a better more economical option, or better yet CUPE can pick up that tab.

The problem that exists right now in the education system is one where there is money in the system, but it’s not getting to the students that need it. There’s no accountability in the education system right now. From this press release, it sounds that CUPE wants to be showered again with government coffers, while the rights of special needs kids in the system are yet again pitted against the needs of education sector unions. For its part, in its press release CUPE blames successive Liberal and PC governments for the lack of supports in our school system, yet falls short on criticizing the NDP who have yet to come out with a platform recognizing the lack of accountability the public education system is currently facing right now – the lives that have already been lost across the province to due education sector unions ignoring student mental health issues  – the full time battles parents of kids of all levels have had to deal with as a result of these unions – yet we continue to shove money down the throats of this unaccountable system in hopes it gets better. $52 million CUPE negotiated went towards unqualified staff. When will the rights of all students in Ontario be put before union demands, and when will we have an accountable public education system?

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Human Rights Appears To Be An Issue In New Ontario Autism Program

 

Minister of Children and Youth Services Micheal Coteau has been a champion of human rights especially in the black community and around racism, but when it comes to autistic kids it may be a different story.  Coteau made an announcement yesterday that was very short on detail regarding the roll out of the direct funding option for many Ontario families. I sent an e-mail to Micheal Nicin who is Coteau’s chief of staff today for further followup and clarification on several key issues relating to the transition over the past year, and providing unequal level of services to children and families.  E-mail is as follows:

Mr. Nicin,

Your ministry appears to be in violation of Section 1 of the Ontario Human Rights Code which states:

Services 

  1. Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability R.S.O. 1990, c. H.19, s. 1; 1999, c. 6, s. 28 (1); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (1); 2012, c. 7,

There was a lack of detail in the Ministers response yesterday, that further confirms the government is not acting within the law.

Last June, the government immediately implemented a direct funding option for 2,500 families.  I argue the government as a result has waived any legal argument under section 14 of the human rights code due to those services not being equally distributed to other families on the wait list at that time, nor any new adds on the wait list during this transition over the past year. The government also had a legal duty over the past year to accommodate those children on wait lists with equal access to services under the code as well, in which undue hardship would not apply since the Minister during his teleconference a few weeks ago stated to parents that there was money already in the system, and that “Money isn’t the problem.”  I also argue that if there was any question regarding capacity going forward that those 2,500 families shouldn’t have been given priority treatment over the past year while others have suffered as a result of not providing them with equal treatment in services (documented), in order to be within full compliance of the law.

Can you please explain to me what is being done to ensure that the Minister and his staff are properly following the law, and exactly what the details are with respect to the roll out of the direct funding option so that all families currently on wait list currently have that option in a reasonable time frame.  I require specific details at this time.

Regards,

Jason Koblovsky

I will keep everyone informed of any responses.

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