Education Law

Education law is a diverse area of law that supports the success of students, parents, teachers, professors and administrators from kindergarten to higher education. Ensuring the success of stakeholders through Ontario’s education and higher education systems requires a holistic understanding of different roles and responsibilities to ensure the success of students and organizations. Battick Legal brings a comprehensive perspective to clients from its extensive experience across many elements of these systems. We consider our practice to be a social enterprise and constantly rethink the way in which we approach problems related to education in acknowledgement of the fact that all decisions have social implications.

A Student Centric Approach

At Battick Legal, we are fluent in different areas of law that intersect with the education system, including constitutional, criminal, administrative, contractual, employment, regulatory, governance, or human rights. Our clients value our layered understanding of education, from operating issues to issues of equity, diversity, and inclusion, and we are sensitive to the issues and cultures of diverse communities. Our student-centric approach ensures objectives can be met in the most efficient way, with the least resistance from all stakeholders.

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Better Schools
Better Systems

Battick Legal Advisory is committed to supporting the holistic advancement of the education system and all of its stakeholders in Ontario. This means that we actively advise, represent, inform, and influence different stakeholders toward our collective goal of having highly functioning and equitable education systems.

Student Success

There is an inherent tension between school and individual students; schools must ensure they are meeting the needs of the entire group, while individuals may sometimes have conflicting rights with the rest of the group. When that is the case, students need to be heard. We take a student centered approach to advocacy for students, meaning that students’ voices should be listened to.

Supporting Teachers

We work with teachers who are often caught between competing obligations. They have a duty to the students they serve, an obligation to their employer, and a need to be cognizant of their rights. With so many different interests, teachers often feel unsupported, especially when the line between their rights and responsibilities are in conflict.

Translating Legislation

We actively work with school boards and universities to ensure they are adhering to their legislative obligations. Often, school boards and other governance bodies are not fully equipped to adhere to legislation. We deliver training, consultation and interpretation, advice, and hands-on project support to ensure that the spirit and letter of legislation is understood and adhered to.

Trusted Advocates

We are proud to be a trusted advocate in the education community, often being selected to support elected officials, teachers, parents, and students who encounter struggles in school boards. We have experience working on high profile cases against school boards on behalf of the Student Trustee Association of Ontario, and we are proud of our successful outcomes.

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Higher Education

Higher education law is not a specific body of law unique to colleges and universities. Instead, it describes various legal issues associated with institutional governance and management, identifying laws that define the rights and freedoms of faculty and students, and the obligations of the institutions towards them. In addition to the services above, we are well positioned to support students, staff and faculty with:

Allegations of Academic Dishonesty   |   Breach of Contract   |   Disputes Regarding Degree Classification   |   Dispute Regarding   |   College/University Fees   |   Expulsion From College or University Following Decision That a Student Cannot Meet the Needed Standards of Academic Performance   |   Failure to Pass a Mandatory Course   |   Program’s Refusal to Accommodate a Student With a Medical Condition or Disability   |   Recommended Mandatory Withdrawal of Student From a Program   |   Repeated Charges of Academic Misconduct   |   Plagiarism   |   Rejection of Thesis

Battick Legal Advisory’s scope of services include advice and representation for:

  • Ontario College of Teachers and College of Early Childhood Educators
     

  • Children with Special Needs
     

  • Education and Children’s Rights
     

  • Bullying in Schools
     

  • Student Discipline (Suspensions and Expulsions)
     

  • School Exclusions
     

  • Attendance Rights
     

  • Human Rights in Education (Elementary, Secondary, and Post-Secondary)
     

  • Arbitration
     

  • Ontario Labour Relations Board (OLRB)
     

  • Organizational Matters
     

  • Criminal Matters as Relates to the Education Sector
     

  • Youth Criminal Justice
     

  • Children’s Aid Society Investigations

  • Labour and Employment Related Issues for Educators
     

  • Privacy and Freedom of Information
     

  • Family Law Matters as Relates to the Education Sector
     

  • Drafting Policies and Procedures
     

  • Legal Liabilities of School Boards and Their Trustees, Officers, and Employees
     

  • School Board Powers and Duties
     

  • Equity, Diversity and Inclusion Policies and Procedures
     

  • Constitutional Issues
     

  • Trustee Representation and Elections
     

  • School Councils
     

  • Judicial Reviews
     

  • Private Schools