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School Board's Duty Of Accommodation Case Study

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The article that I have chosen to review is entitled Equality in Education and a School Board’s Duty of Accommodation: Can Segregation be accommodation? This article looks a legal case that took place in 1997, where the parents of a special needs child had a disagreement with how the school board decided to handle the accommodations for their child. The child’s name was Emily Eaton. Emily had cerebral palsy and was unable to communicate effectively. The school had provided her with an educational assistant, but they felt that the accommodation was not working. The school board’s solution to this was to move Emily into a segregated placement. Emily’s parents did not agree with this decision and the case was taken all the way to the Supreme Court of Canada (Szechtman, 2006). The disagreement stemmed from the fact that Emily’s parents believed that a segregated placement excluded her from the mainstream classroom because of her disability and her right to be included was violated. In order for the segregation …show more content…

Katie also has cerebral palsy like Emily. The school board that Katie was apart of decided that a segregated placement would be needed for her. Katie’s parents appealed this decision and filed a human rights complaint, as they felt that Katie should be accommodated in the mainstream school. The decision for segregation was because Katie could not communicate and that a segregated placement would allow her to develop the communication skills that she needed. There were many factors that played into Katie being put in a segregated placement. Resources were not available and the point was made that because of the lack of communication Katie would not be able to fully take part in a mainstream classroom. The main issue with this case was that Katie was segregated before any attempt of integration took place. In this instance the segregated placement was seen as the accommodation (Szechtman,

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