Nearly three decades ago, the Eaton family embarked on a journey to have their daughter, Emily, included in the regular classroom. The Brant County Board of Education determined through its Identification, Placement & Review Committee that she should be placed in a special education classroom. While the case made its way through the courts all the way to the Supreme Court of Canada, the family moved Emily to the Catholic board, which placed her in a regular classroom for the duration of her school experience.
The Court of Appeal’s decision was a groundbreaking decision strongly favouring a rights based approach to the question of inclusion of students with disabilities in the regular classroom. The Supreme Court of Canada did not uphold the decision and concluded there was no presmumption in favour of integration in the regular classroom. The Court concluded that a “best interests” test would be best considered if it was unencumbered by a Charter mandated presumption in favour of integration.
The Supreme Court’s decision was ultimately not the last word on the topic, however. The legislature responded by amending the regulations under the Education Act to require that a placement in a regular classroom be the first option considered, with appropriate special education services; and, if that placement was consistent with parental preferences, the student’s placement is required by law to be in the regular classroom (section 17).
With the 25th Anniversary of the Supreme Court of Canada’s decision upon us, IAO and ARCH Disability Law are taking the opportunity to reflect on the decision.
On March 29, 2022, we are holding a virtual event to commemorate this decision. Our eminent legal panel will reflect on the time and place of this decision, where we’ve gone since and where we need to go. Our education panel will feature leading education practitioners and families on the ground in schools and in school boards where inclusive education is either systemically adopted or practised solely out of the extraordinary efforts of families who insisted it should be so.
Please join us. You can find the program agenda and registration here.
