If we want to talk about access to justice, let’s talk about schools. Educational institutions hold a tremendous amount of influence over students’ lives, and when things go wrong, they can profoundly impact a child’s education and well-being. This reality makes it crucial for parents to have access to legal counsel to safeguard their children’s rights within the education system. Here are three key reasons why:
1. Schools Sometimes Get the Law Wrong, and Oversight is Lacking
Schools, like any institution, are not infallible. They operate within a legal framework that includes human rights laws, provincial education acts, and board-specific policies. Despite this, there are times when schools overstep their boundaries or fail to follow the law correctly. When this happens, it is often due to a lack of proper oversight. In some cases, there can even be a flagrant abuse of power.
It’s important to note that this isn’t to say all, or even most, schools demonstrate this behavior. However, it’s easy for schools to skirt their duties under the law because of their position of authority and the general trust placed in educational institutions. We may like to view schools, teachers, and principals as infallible, but no institution is without flaws. Just as hospitals need oversight to protect patients, schools need oversight to protect students’ rights.
Having greater access to lawyers allows parents to advocate for their children more effectively. Schools often possess more knowledge of educational policies and legal requirements than parents, which can create an inherent power imbalance. Legal counsel can help level the playing field by ensuring schools adhere to their legal obligations and by holding them accountable when they don’t.
2. Inherent Tensions Between Student Rights and School Interests
For the most part, a student’s rights and interests align with those of their school community. This harmony is what we all hope for, as a positive school environment benefits everyone. However, it’s equally possible for a student’s best interests to diverge significantly from the school’s objectives.
The school system is riddled with these conflicts. For instance, school board trustees must balance the competing interests of their constituents in various wards against their duties to the entire school population. Similarly, teachers often have to reconcile the needs of individual students with those of the larger classroom when creating lesson plans. While most educators and administrators act with the best intentions, it would be remiss to assume that a school’s actions always align with a child’s best interests. This is why parents must be vigilant and informed.
In situations where a school’s decisions adversely affect a student, parents often find themselves labeled as “disruptive” when they raise concerns. These labels can discourage parents from advocating for their children. Access to legal advice empowers parents to navigate these situations confidently and provides a structured, legally grounded way to advocate for their child. When parents can rely on legal counsel, they can push back against decisions that might otherwise go unchallenged, ensuring that their child’s rights are protected.
3. The Law is Often Inaccessible and Poorly Communicated
The laws governing education can be complex, and schools often don’t do a good job of informing all stakeholders—including parents and students—about their rights and obligations. For example, did you know that Ontario’s Education Act provides specific procedures for student discipline, including suspensions and expulsions? Or that under the Ontario Human Rights Code, schools have a duty to accommodate students with disabilities to the point of undue hardship? Most parents wouldn’t need to know these specifics unless they encounter issues within the school system. Unfortunately, when problems do arise, parents are left scrambling to understand their rights and the legal processes involved.
Moreover, schools sometimes use their lack of transparency to their advantage, assuming that parents will not know how to respond legally. This situation leaves families disadvantaged and, in many cases, can perpetuate systemic issues that go unaddressed. Greater access to legal services gives families the tools they need to understand the rules and assert their children’s rights.
Conclusion
For what it’s worth, teachers and school administrators should not bear the brunt of the challenges many parents face. Oftentimes, the issues are systemic and reflect broader tensions within the education system. However, families need greater access to the tools that can help them navigate these issues effectively: the law.
At Battick Legal Advisory, we believe that all students should have access to high-quality education. We recognize that families often encounter barriers to this that could be mitigated with proper legal advice. By providing parents with access to lawyers, we can ensure that schools are held accountable, students’ rights are upheld, and justice within the education system is more accessible to everyone.
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