School exclusion and autism — your rights in Ontario

Formal exclusion: written removal from school under the Education Act s.265. Requires a specific statutory basis. Must be documented. Parents have appeal rights. Rare in practice for disability-related situations.

Informal exclusion (the common pattern): no written notice, but effective removal from instruction. Examples — repeated phone calls asking parents to pick the child up early; "shortened day" arrangements imposed without IEP authorization; child placed in the hallway or office for hours; parent required to attend school to prevent being called. Ontario Human Rights Tribunal decisions have found these practices can constitute discrimination when disability-based.

Shortened school days: A shortened day is only authorized if it is written into the student's IEP as a planned and temporary accommodation with a documented rationale and a plan for increasing attendance. An indefinitely shortened day imposed because the school cannot manage the child's behaviour is not an IEP accommodation — it is a failure to provide appropriate programming.

Step 1 — Document. Write down every early pick-up call: date, time, name of person who called, reason given, duration of exclusion. Ask for written follow-up emails so you have a record.

Step 2 — Request an urgent IEP meeting. Email the principal and SERT requesting an urgent IEP meeting. State in writing that the current pattern is not consistent with your child's right to an education.

Step 3 — Request a PPM 140 safety plan. If the school cites safety, ask for the safety plan in writing. It must outline specific ABA-informed strategies, not simply removal.

Step 4 — Escalate to Superintendent. If school-level meetings do not resolve the issue, write to the Superintendent of Special Education. Attach your documentation log. Request a response within 10 business days.

Step 5 — Contact SEAC. The Special Education Advisory Committee is the parent advocacy body within each board. Raise the issue at a public SEAC meeting.

Step 6 — OHRC complaint. File with the Ontario Human Rights Tribunal if the exclusion pattern is disability-based and the school refuses to address it. One-year limitation from the last incident. Consider contacting ARCH Disability Law Centre.