Managing Human Rights Applications

Paul Howard, Shibley Righton LLP

• Impact of the Charter and Ontario Human Rights Code on special education
• Considerations for school boards, schools and students
• Update on human rights in schools
• Managing human rights applications
• Dealing with special education issues in the school and classroom setting

Refreshment Break

Managing Current Challenges: Proactive and Reactive Strategies

Roderick Flynn, Evenson Bundgard Flynn
Sheila MacKinnon, Shibley Righton LLP

• Bill 168 changes to the Occupational Health and Safety Act, implications for special education

- overview of Bill 168 requirements
- conducting risk assessments
- developing and implementing policies and procedures
- conducting appropriate investigations
- providing information to workers about the policies and programs, obligatory training program
- handling work refusals

• Bill 157 (“the Education Amendment Act (Keeping Our Kids Safe at School) 2009) and its impact on Part XIII (Behaviour, Discipline and Safety) of the Education Act.

  - what are the requirements?
  - reporting obligations of teachers or teaching assistants working with special needs children
  - reporting obligations of social workers
  and psychologists employed by the Board
  - parental notification procedures

• PPM 149 and the direction to school boards:
  

  - what are the requirements for reviewing and/or developing a local protocol?
  - what are the specific requirements for
  implementing the protocol and for
  reporting on the protocol to stakeholders?
  - what programs does this apply to? what professionals are impacted?
  - ensuring compliance with Collective Agreements

• Use of Restraint – an update

  - legal principles and parameters for use of restraint
  - use of force

CAS Protocols

Randolph Hammond, Counsel, Children’s Aid Society (Middlesex County)
Brian Ellerker, M.Ed., Education Consultant Children’s Aid Society (Toronto)

• Role of the educator and administrator

  - what are your obligations?
  - understanding the child’s rights
  - role of the Office of the Children’s Lawyer and CAS

• CAS Protocols: What you must know

  - what are they?

Understanding Student & Parent Rights and Roles

Martha M. Mackinnon, Executive Director
Justice for Children & Youth
Brenda J. Bowlby, Hicks Morley Hamilton Stewart Storie LLP

• Challenges involved in acting for parents and students
• The perspectives of students and parents in human rights andconstitutional cases
• Access to experts
• The role of associations and advocates
• Financing challenges
• Acting for students and/or parents in school board proceedings
• Responding to restraint and exclusion
• Responding to discipline
• Review and discussion of the fact situation from the student and parent perspective

Case Study: Pulling it All Together

Moderator
Robert G. Keel, Keel Cottrelle LLP
Panellists
Grant Bowers, Counsel, Toronto District School Board
Louise Moreau, Superintendent of Education
and Special Education, York Region District School Board
Nadya Tymochenko, Keel Cottrelle LLP
Dr. Lindy Zaretsky, Superintendent of Instructional Services and Leadership, Simcoe County District School Board

This interactive session will provide an opportunity for you to work with a fact scenario, based on a real life example, highlighting the legal issues that have been raised by presenters throughout the day. Mr. Keel will moderate questions for members of the panel and will solicit commentary and questions from the course participants. You’ll be part of a lively and informative discussion with top practitioners and other education professionals as the group tackles the tough issues raised in the scenario.
This is your opportunity to apply what you have learned and get the questions you want answered in order to effectively respond and manage special education matters in the school and classroom.

Optional Workshop

Facilitation Skills for Educators
Tuesday, June 1, 201 0- 8:45 a.m. – 3:45 p.m.

Workshop Leaders
Paul Emond, Professor, Osgoode Hall Law School
Robert G. Keel, Keel Cottrelle LLP

The Ministry’s recent Shared Solutions project exemplifies the pressures educators are facing to ensure they have the necessary skills, together with parents and students, to be able to work through and resolve conflict. No matter what your role in front-line education, you unquestionably spend a great deal of time managing conflicts and resolving disputes. More than ever before, the Ministry of Education is encouraging educators to get the skills they need to prevent conflict, resolve disputes quickly and allow students to develop their full potential and succeed in school.

In this interactive workshop, custom designed for educators, you will work with peers and top practitioners to get the skills you need to succeed. You will:

• Understand conflict

- reasons for conflict in special education
- warning signs of potential conflict
- factors that contribute to conflict; that escalate conflict
- common responses to conflict

• Learn how to prevent conflict

  - promoting positive school climate
  - effective communication among parents, students and educators
  - conflict prevention strategies

• Understand how to resolve conflicts

  - establishing communication protocols
  - active listening
  - parent advocacy
  - self-advocacy for students
  - role of constructive thinking

• Discover collaborative approaches to resolving conflicts

- problem solving
- finding common ground
- use of a facilitator

• Understand the principles of Interest Based Negotiation and Facilitative Mediation
• Get tips for reaching a shared solution
• Learn the “key questions”
• Appreciate the roles and responsibilities in special education
  

- the student
- the parent
- the teacher
- the special education teacher
- the school administration
- the SEAC
- the school district/board
- the Ministry

You’ll come away from this workshop with the skills and techniques that are necessary for conflict prevention and resolution, along with materials that will be an invaluable resource long after the workshop is over.
Don’t miss this opportunity to learn valuable skills that you can readily apply to improve your effectiveness and increase your confidence.
Given the interactive nature of the workshop — space is strictly limited. Register now!