School exclusion and autism - your rights in Ontario

Under the Ontario Education Act s.265, a principal can refuse to admit a pupil in two cases: certain communicable diseases, or, subject to an appeal to the board, when the principal judges the pupil's presence would be detrimental to the physical or mental well-being of the pupils. Exclusion is not to be used as discipline. For a student with a disability, the Ontario Human Rights Commission says the principal must be able to show, with objective evidence, that the student cannot be accommodated without undue hardship before excluding them. Repeated requests to pick up your child early or unauthorized shortened days may constitute informal exclusions and should be documented and challenged.

When a school uses tactics that effectively remove a child from instruction without a formal written exclusion. Examples include repeated early pick-up calls, an unauthorized shortened day, or asking a parent to keep the child home for part or all of the day. If this is disability-based, it may raise Human Rights Code concerns.

Document every exclusion or early pick-up call in writing: date, time, who called, reason given, duration. Keep a log. Ask the school to provide written communication rather than just phone calls. If a pattern develops, compare the frequency to the school year calendar. Document all communications with teachers, principals, and superintendents with dates.

File with the Human Rights Tribunal of Ontario if the school is repeatedly sending your child home early due to disability-related behaviour, informal exclusion functions as a substitute for appropriate programming, or the school refuses to accommodate disability-related needs. One-year limitation period from the last incident. Document the pattern thoroughly. Consider contacting ARCH Disability Law Centre.

PPM 140 requires Ontario school boards to offer students with ASD special education programs, including programs using ABA methods where appropriate, and to plan for transitions. It does not set rules for safety plans. Ontario's special education guide says a safety plan is made for a student whose behaviour is known to pose an ongoing risk, with staff and parents. If the school cites "safety" as a reason for excluding your child, ask for the safety plan in writing. A safety plan should outline specific strategies - not simply send the child home.