Posts Tagged Accountability
(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):
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 email@example.com/
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.
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
(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.
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.
FOR IMMEDIATE RELEASE
June 14th, 2017
TORONTO – The parents of several autistic kids will be rallying at Minister Children and Youth Services Michael Coteau’s constituency office on Friday, June 16th, 2017 at 1:00pm. Parents are concerned that transitional services over the past year to the new Ontario Autism Program have not been equally distributed, leaving many children suffering. Last week Coteau announced changes to the Ontario Autism Program, and that it will include a direct funding option (DFO). Last June, the DFO option was only given to a few families on wait lists, leaving many children suffering without appropriate service options over the past year. The announcement last week by Coteau did promise DFO to all families by the end of the year, however details on how that will be rolled out, and exactly when each family can expect that option remains unclear.
Jason Koblovsky, a parent of an autistic child has witnessed first-hand the suffering of his son as a result of the government not offering appropriate transitional services to a majority of families affected by Autism over the past year. “Quite simply, you cannot accommodate some with transitional support to the new Ontario Autism Program, and leave the rest of us hanging like this, which is what has happened over the past year.” Koblovsky said. “There is nothing available for my son who has been waiting, and who has had an extremely rough year with behavioral issues. All I have been offered as transitional support are group “workshops” in which due to my family situation I can’t even get to. My son needed the same access to ABA as those who have received DFO over the past year. The decision last June to provide “some” families with appropriate transitional support and not all represents a major lack of understanding on what our kids go through on a day to day basis without support, and a lack of understanding on how wrong that decision was, which continues to this day by this government. My patience has run out.”
Another parent Angelina Palmisano had to also watch her son suffer as a result of the lack of appropriate supports stated: “For over a year I heard promises from the government. My child has not had any early intervention. EVER! But the government has now decided to accommodate a small demographic of children and leave out a large portion of children out. The turmoil it has caused me watching my son struggle with behaviors that are severe, is unbelievable and the future scares me.”
Brenna Bloodworth who heads up the Alliance Against The Ontario Autism Program agrees: “Children still left waiting while Direct Funding continues for a minority. That’s not right.”
The rally to support children current suffering and in need of transitional support will get underway on Friday, June 16th, 2017 at 1:00pm. Address 1200 Lawrence Ave East, Toronto.
(York School Board Trustee Nancy Elgie Tenders Her Resignation via Youtube)
Yesterday York Region District School Board [YRDSB] Trustee Nancy Elgie told her constituents via a Youtube video that she would be stepping down as a Trustee, months after uttering a racial slur by “mistake”. In the almost 10 minute heavily edited statement on youtube, Elgie stated that the whole situation is a misunderstanding, and she didn’t mean to say those hurtful words to a parent in York Region. Elgie went on to say that there is no “sanction” under employment laws for trustees under which she was investigated and she felt was wrong (Elgie under the employment investigation was ordered to take “equality training” as a sanction). She also stated she didn’t resign immediately because she wanted this to be a teachable moment for the kids and the community. I fully agree with this being a teachable moment for the community in Georgina, and also within York Region.
Over the past several months there has been a lot of questions as to why the York trustees chose to investigate this matter as one that suits “employment law” rather than the appropriate trustee code of conduct. By treating this incident under employment law, the board and its trustees effectively shielded Elgie from accountability measures that were put into place nearly 14 years ago by the Province of Ontario to deal with trustee conduct (who are publicly elected officials). Trustees are NOT employed by the board. They are employed by the tax payers of this province and the YRDSB had no authority to make this matter one of employment law.
YRDSB Chair Loralea Carruthers (who is a defeated Liberal candidate in York-Simcoe and long time YRDSB trustee) posted up a statement after a tremendous amount of public pressure was put on the board to follow through with a code of conduct review on Elgie. Carruthers stated:
The Education Act does provide Trustees with the ability to initiate a Code of Conduct complaint when a colleague commits a breach. The Trustee Code of Conduct process is complex, has limitations, must be conducted in private and its outcome is not always able to be made public. We are unable, under the rules that govern us, to even let the public know if we are proceeding with a Code of Conduct complaint. The process typically takes months, is expensive and, should a breach be confirmed, Trustees are limited in terms of what sanctions can be applied.
If the YRDSB followed through with a code of conduct complaint after Elgie was sanctioned under employment law, the board would have needed to take Elgie to court to argue the board erred in law and sanctions needed to be under the trustee code of conduct. This would have cost the tax payers and the board massive amounts of money had Elgie fought the board legally on this.
Under the trustee code of conduct, not much can be done to sanction a trustee other than short term suspensions. Ontario Premier Kathleen Wynne was recently questioned on the lack of “teeth” in the trustee code of conduct, too which her reply was basically – we put that in over 13 years ago, and its better than nothing. Last year the Ontario Auditor General found the Wynne Liberals gave a $22 million blank cheque to the school unions, and just this month gave teachers across the province a 4% raise.
The huge problem not just the YRDSB is having – but boards across the province – is protectionist behavior. Protect their own, rather than be held accountable for their mistakes, which continues to this day even when the YRDSB is under investigation. This should be of great concern to the tax payers of Ontario.
York trustees on February 13th, 2017, one by one urged Elgie to resign, effectively throwing her under the bus to protect the “institution” and once again tried to sweep the misconduct of other trustees who fought to wrongfully protect Elgie from a code of conduct review under the rug. Wynne has stated in a presser earlier last week that the province has sent in investigators to the YRDSB to uncover why the YRDSB did not follow through with a code of conduct complaint, and to determine if other trustees are in violation of that code of conduct as a result. Wynne also stated that the investigators she has sent into the YRDSB may make recommendations to the province in order to tighten up and properly sanction trustees around their code of conduct laws.
Now that Elgie has stepped down, the residents of Georgina need to ask themselves; is this cover-up of misconduct by Elgie at the YRDSB an isolated incident? Over the later part of the week, the Toronto Star was in contact with Elgie, and her family for several days. Several of her constituents came forward to the Star regarding Elgie’s conduct as a trustee. The Toronto Star over these several days questioned the family and Elgie herself on several situations where she was seen to be dismissive and non-responsive to concerns of the community. In one instance the Toronto Star brought up:
“Desiree Makuto, whose son was videotaped being beaten and racially taunted by classmates in a high-profile incident at Sutton District High School in 2014, said she called and emailed Elgie for support, to no avail.
“She never did respond — she was surprisingly silent on the issue,” said Makuto. “… She had an obligation, a role to play.”
Elgie’s son Stewart dismissed the concerns of the community stating to the Star:
“these allegations are a disappointing attempt to re-write history and smear the record of a trustee who has earned consistent praise from her colleagues and constituents over the years.”
There was growing pressure for Elgie to step down over the past few months, and her resignation seems to have come following serious questions from the community she serves on her conduct, and leaves serious questions about the conduct of other trustees and the board in its wake. If we are truly looking to reform the YRDSB, than we must take a good close look at the protectionist behavior these institutions are well known for, and why it’s been allowed to continue in law for so many years while the province has known about the problems of conduct, and developed legislation with nothing meaningful in play to stop it.
As a resident of Georgina in which Elgie has served and parent myself, one can only hope that the members of my community will elect someone who understands that the role of a trustee is to hold the board to account, knows the problems in our local schools, and can properly and effectively advocate for ALL in their constituency. A board meeting will be held on February 21st, 2017 to discuss whether the board will appoint a replacement or rightfully allow the community of Georgina to go to the polls.
(Ontario Premier Kathleen Wynne Likely To Read From A Blank Book On School Board Accountability)
Over the past few months, the York Region District School Board (YRDSB) in Ontario has been embroiled in controversy surrounding governance, accountability, and racial tensions. The governing Liberal Party of Ontario promised to get to the bottom of these systemic issues at the YRDSB by appointing two “arm’s length” investigators to the board to look at recommendations on how to solve systemic issues, rather than using the independent Provincial Ombudsman who in 2015 was given the legal authority and jurisdiction to look at the specific issues the YRDSB investigators have been tasked to look at. Unfortunately it doesn’t look like Kathleen Wynne’s Liberals who have a long history of throwing blank cheques at the education unions are all that serious about systemic change at the YRDSB which would require legislation with the ability to hold those in the system to account.
Two weeks into getting the investigation set up, the YRDSB investigators (Patrick Case + Suzanne Herbert), are already hearing from a staggering number of parents. These two investigators appointed by the province seem to be ill-equipped to handle the sheer volume of complaints coming in, to which the province’s ombudsman would have been better equipped to handle. I had a conversation with Patrick Case on twitter yesterday. Here is that conversation:
Both Case and Herbert are widely connected to the education sector in Ontario. Herbert was a deputy minister in Ontario, including deputy of education (way to close to government for my liking), while Case served as former trustee for the Toronto District School Board which has had its fair share of problems. While I don’t question these investigators credibility to pin the vast majority of problems with board governance on YRDSB Director J. Philip Parappally and a few “rouge” trustees implementation of more equality training board wide, and quietly sweep this controversy under the rug to avoid any drafting of accountability legislation to deal with systemic problems province wide; I do not see how this investigation would be beneficial to the kids the public education sector serves. The only beneficiary to this investigation as it stands right now would be the education unions who have deeply embedded themselves in Wynne’s government.
Racial intolerance in any profession or work place is wrong, against our values as Canadians, and most importantly against our civil rights in the charter of rights and freedoms. One of the root causes for racial intolerance at the YRDSB is the lack of accountability on staff, directors, trustees. It’s a symptom of a much larger problem in the province. The lack of accountability in the education sector is province wide, and if we are truly looking to send a message that racial intolerance is not accepted in our public school system, than it is law and legislation with teeth that is needed to hold those in the education system to account, not non-binding “recommendations” from a rushed, arm’s length investigation.
A much better more responsible approach would be to slow down, allow the community to appropriately respond to identify systemic issues, and ensure that the investigation is done in an independent way, rather than recommendations that in the end will duck any real legislative accountability and favor political donors over that of our school children due to the closeness of the investigators to the legislative process. To do otherwise would only serve to pass the buck to the next school board to have issues due to the lack of legislative accountability, and put more of our children across the province at further risk.
(The York Region District School Board Acted To Protect Trustee Nancy Elgie From a Code of Conduct Review)
This week has been a very tough week for the York Region District School Board (YRDSB). After Tuesday’s emotional meeting with parents, and bizarre apology for racial slurs by Trustee Nancy Elgie, the Ministry of Education has appointed two investigators to come in and make “recommendations” on how to improve leadership and equality at the York Region District School Board.
Today, Ontario’s Minister of Education appeared on CBC’s Metro Morning to discuss the issues plaguing the YRDSB and did not commit to removing Nancy Elgie as a trustee after several calls from the community for her to step down. One of the reasons why, is because the YRDSB treated the racial slurs coming from this Trustee’s mouth as a human resources complaint, rather than a code of conduct complaint thus protecting her from the accountability mechanisms that are in place to hold trustees publicly accountable under board bi-laws.
By treating this as a human resources complaint, her fellow trustees at the board can not hold Elgie to account on those racial slurs on code of conduct violations and neither can the Ministry of Education. Nor can they speak publicly on it as a result of this complaint being confidential. This is precisely the problem at the York Region District School Board who continually ducks from public accountability, and I fail to see how exactly trust can be instilled back into this institution without Elgie’s outright dismissal which is unlikely to happen as a result of her racial slurs.
Patrick Case, a University of Guelph political science professor is one of the two investigators the Ministry of Education has sent into the YRDSB. In a recent interview Case stated:
“People need to look at the process as one that will take time. It’s not that the two of us are going to go in there and sprinkle pixie dust. What people should be looking for is steady progress, rather than a quick fix.”
What I think is likely to happen, is that these investigators will come in and provide “short term” solutions to equality. However, for long term solutions the board and its trustees need to be held accountable if those solutions are to be solidified within the board. Otherwise this “investigation” by the Ministry seems to be rather a public relations stunt by an unpopular premier looking to solidify votes in the 905 rather than acting on the issue of systemic racism at the YRDSB which requires that Trustee Elgie be held to account publicly under the Trustees code of conduct.
This isn’t just a YRDSB problem. The school boards are set up as self governing with public representations and accountability. If the public can’t hold a trustee to account under codes of conduct, than this is going to send a message province wide, that if you become a trustee in the school system, you can do and say what you want without fear of being held accountable. That’s not a system that has the best interests of the children and communities they serve. In fact this is and already has made our kids less safe as a result, and this systemic racism will stop short term, but it’ll be business as usual at the YRDSB a few months after the public attention has gone away.
No matter what these “investigators” recommend, if trustee accountability is not put forth regarding Elgie than those recommendations are meaningless and nonbinding.