Education law issues are prevalent across the province. Despite this, there is a stark inequity in legal representation in the educational law context. The bulk of resources are disproportionately on the side of schools and school boards. Lawyers predominantly represent school boards. Therefore, students and their families who require legal assistance to resolve educational matters frequently make critical decisions without the benefit of legal counsel or the guarantee of due process.
Agnihotri Anwar LLP places great amount of importance on Education Law and a child’s right to receive an appropriate and effective education. We provide legal advice and representation on education matters to students and families across Ontario with respect to such issues as suspension, expulsion, special education, human rights, bullying and harassment and enrollment rights. We serve students who are vulnerable in several ways; they may have cognitive and other disabilities (both identified and unidentified), they may come from racialized communities, they may have welfare involvement, live in poverty, or are induced to drop out of school due to personal and academic needs or by way of punitive discipline or lack of procedural accountability.
Our lawyers provide assistance to students and families in three ways:
- We help students and families to understand their legal rights and obligations under educational and human rights law.
- We intervene with school administration by phone or letter to help remedy problems or negotiate solutions
- We represent student at discipline meetings, IRPC meetings and special education tribunals.
We are trained in education law and strategy, and have in-depth knowledge of the laws and regulations at play, the duties and obligations of the parties involved, the resources available to students, the accommodation the schools are required to make for their students, the legal process available to students and what professionals and assessments are required to ensure a child is identified appropriately.
At the end of the day, the education of the child is of absolute paramountcy, and is, or ought to be, the interest of both the parent and the school board. At Agnihotri Anwar LLP we have seen how easy it is for parties at odds with one another to get carried away in the process and ultimately lose sight of the interest of the child. For this reason, we ensure that a critical and central part of our practice and representation involves consistent reminders and communication to the school board representative that the child’s best interest, which includes a right to education, is what is absolutely paramount.
If your child has a disability or an exceptionality, has been disciplined, or is falling through the cracks and not being accommodated or receiving an appropriate education, or conversely, if your child is being singled out, stigmatized or harassed, we encourage you to contact our lawyers immediately.
- An Overview of Education Law and Policy
- The needs of Students with Disabilities and the Duties of School Boards: A look at the Supreme Court of Canada decision Moore V. British Columbia (Education)
- Rights and Obligations surrounding Suspensions and Expulsions: Highlights of BILL 212
- The Identification, Placement & Review Committee - An Overview of Processes and Procedures