How are autistic students excluded from school in Ontario?
Ontario schools exclude autistic students through four mechanisms: formal exclusion under s.265(1)(m) of the Education Act (499 students in 2022-23), informal "soft" exclusions (63% of principals asked parents to keep special ed students home — People for Education, 2024), modified day schedules (19% of families — OAC, 2025), and "caring for" absence coding that hides exclusions in attendance records.
Source: Ministry of Education FOI Data, People for Education 2024, Ontario Autism Coalition 2025
What is section 265(1)(m) of Ontario's Education Act?
Section 265(1)(m) of Ontario's Education Act allows a principal to "refuse to admit to the school or classroom a person whose presence in the principal's judgment would be detrimental to the physical or mental well-being of the pupils." Unlike suspension, this exclusion has no time limit, no documentation requirement, no mandatory alternative supports, and no equivalent procedural safeguards. ARCH Disability Law Centre argues it was never intended to apply to students.
Source: Ontario Education Act, R.S.O. 1990; ARCH Disability Law Centre "Invented Power" (2017)
What is a modified school day for autistic students in Ontario?
A modified school day is when a student attends fewer than the standard 5 instructional hours. While Regulation 298, s.3(4)(c) permits reduced hours for exceptional pupils, it requires educational justification — not staffing excuses. The Ontario Autism Coalition found 19% of families reported modified schedules, with 38% citing "lack of resources" as the reason. The OHRC Policy on Accessible Education (2018) states that staffing shortages do not constitute undue hardship.
Source: Ontario Autism Coalition Special Education Survey, January 2025
What rights do parents have if their child is excluded from school in Ontario?
Parents can: (1) request written reasons for any exclusion, (2) appeal s.265(1)(m) exclusions to the school board, (3) request an IPRC meeting under Regulation 181/98, (4) cite the OHRC Policy on Accessible Education requiring accommodation to undue hardship, (5) file an HRTO complaint for discrimination in education services, (6) contact the Ontario Ombudsman. The Supreme Court in Moore v. BC (2012 SCC 61) held special education is "not a dispensable luxury."
Source: OHRC Policy on Accessible Education (2018); Moore v. British Columbia, 2012 SCC 61
How many students are excluded from school in Ontario?
Ministry FOI data shows 499 students were formally excluded in 2022-23, up from 160 in 2020-21 — a 212% increase in three years. Approximately 58% had special education needs. However, this only counts formal s.265(1)(m) exclusions. The Ontario Autism Coalition's 2025 community survey found 6% full exclusion and one-third partial exclusion, representing approximately 21,000 children province-wide. Informal exclusions are never tracked.
Source: Ministry of Education FOI Data via The Trillium (2024); OAC Community Survey (2025)
What happened to Max Simao in Hamilton Ontario?
Max Simao, age 7, non-verbal and autistic, was on a modified school schedule — attending only mornings — because his Hamilton school lacked staffing for full days. On December 11, 2025, Max was struck and killed by a Hamilton Street Railway bus while traveling home from his shortened school day. His family joined the Ontario Autism Coalition and Ontario NDP at Queen's Park (January 21, 2026) to demand systemic reform of school exclusion practices.
How Ontario Schools Push Autistic Students Out of Classrooms
FOI data shows formal school exclusions tripled in three years. 63% of principals asked parents to keep special education students home. Modified days, informal exclusions, and a legal loophole with no safeguards, exposed with data, case law, and what you can do about it.
Fact-checked:
Quick Summary
499 students formally excluded in 2022-23, 58% had special education needs (Ministry FOI data)
63% of elementary principals asked parents to keep special ed students home (People for Education, 2024)
Section 265(1)(m) allows exclusion with no time limit, no documentation, and no mandatory supports
~21,000 children partially excluded province-wide (OAC Community Survey, 2025)
Max Simao, age 7, was killed traveling home from a modified school day on December 11, 2025
The children in these classrooms
School-age children make up the majority of families waiting for OAP services.
Ontario Autism Program key statistics (CBC FOI Jan 2026, verified 2026-04-29)
Metric
Value
Children registered
88,175
Have active funding
20,666
Still waiting
67,509
Max Simao, December 11, 2025
Max Simao, age 7, non-verbal and autistic, was on a modified school schedule, attending only mornings, because his school lacked staffing for full days. On December 11, 2025, Max was struck and killed by a Hamilton Street Railway bus while traveling home from his shortened school day. His family subsequently joined the Ontario Autism Coalition and Ontario NDP at Queen's Park to call for systemic reform. Source: CBC News
We are not asserting legal causation between the modified schedule and Max's death. We are documenting the family's account, the public record, and the policy questions it raises.
What Is School Exclusion?
School exclusion takes many forms, not all of them obvious. Only one type is formally tracked. The rest are invisible in provincial data.
Formal Exclusion
Section 265(1)(m)
Principal refuses to admit a student to school or classroom. No time limit. No mandatory supports. Only appeal is to the school board.
Informal Exclusion
"Soft" Exclusion
"We don't have an EA today, can you pick them up?" Never documented. Never tracked. Never counted in any provincial data.
Modified Day
Reduced Hours
Student attends 2-3 hours instead of 5. Community Living Ontario reports that staffing shortages are a common factor. May become indefinite without a documented end date or review process.
"Caring For" Absence
Invisible in Data
School calls parent to pick up child. Absence recorded as voluntary "caring for" rather than exclusion. The crisis disappears from official records.
The Numbers
Ministry of Education data obtained through Freedom of Information requests shows a sharp upward trend in formal exclusions. These numbers only capture the tip of the iceberg.
Year
Students Excluded
Total Days Lost
Special Ed Needs
2020-21
160
5,695
67%
2021-22
410
8,427
51%
2022-23
499
11,776
58%
Change
+212%
+107%
Avg ~58%
Source: Ministry of Education FOI data via The Trillium. Note: 2023-24 data incomplete, only 49 of 72 boards submitted.
63%
of Elementary Principals
Have asked parents of special education students to keep their child home, up from 48% in 2013-14
People for Education, 2024
19%
of Families Report Modified Days
Of those, 35% attended only 3-5 hours. In 38% of cases, the school cited “lack of resources”
OAC Special Education Survey, Jan 2025
~21K
Children Partially Excluded
6% full exclusion, one-third partial exclusion across province
OAC Community Survey, Oct 2025
The Legal Loophole: Section 265(1)(m)
Section 265(1)(m) of the Ontario Education Act grants principals the power to “refuse to admit to the school or classroom a person whose presence in the principal's judgment would be detrimental to the physical or mental well-being of the pupils.”
ARCH Disability Law Centre's 2017 paper “Invented Power” argues that the historical origins of s.265(1)(m) show it was intended to address non-student persons (e.g., disruptive visitors), not to give principals authority to exclude students. Even if it did grant that authority, using it against disabled students could raise concerns about compliance with human rights law. Read the full analysis →
Exclusion vs. Suspension: The Protection Gap
Protection
Exclusion (s.265)
Suspension (s.306)
Time limit
None
20 school days max
Written notice required
No
Yes
Disability defence available
Not specified
Yes (mandatory only)
Alternative education required
No
Yes
Formal appeal process
Board appeal only
Yes, structured process
Provincial data tracking
Voluntary since 2020
Mandatory
Parent notification
Not required
Required within 24 hours
What the Law Actually Says
Education Act
s.265(1)(m): Principal's power to exclude, no time limit, no safeguards
Reg 181/98:IPRC process, IEP requirements, parent rights
Reg 298, s.3(4)(c): Permits reduced hours only for student-centred reasons
The accountability infrastructure that should be protecting these children has been weakened, defunded, or was never built in the first place.
No Historical Data
The Ministry only began compiling exclusion data in 2020-21. No baseline exists to measure the true scale of the problem.
Provincial Advocate Abolished
The Office of the Provincial Advocate for Children and Youth was dissolved in April 2019 through the Restoring Trust, Transparency and Accountability Act. Its education-monitoring functions were not transferred to another body.
Auditor General Audit Pending
Internal Ministry documents confirm the Auditor General has "active audits" on special education. No completion date has been announced.
Ombudsman: No Systemic Investigation
The Ombudsman has jurisdiction over school boards (since 2015) but has not published a dedicated investigation into systemic exclusion practices.
Bill 33: No Exclusion Provisions
The Supporting Children and Students Act (2025) grants the Minister power to appoint supervisors to take over school boards, but contains zero provisions addressing informal exclusion or modified days.
Funding Decline
Per-student special education funding has declined $1,357 since 2018 when adjusted for inflation, a $2.7 billion real-dollar shortfall across the province.
Know Your Rights: 6 Steps to Fight Back
1
Document Everything
Keep a written log of every time your child is sent home, put on modified hours, or told they can't attend. Note dates, times, who contacted you, and the reason given.
2
Request Written Reasons
Ask the principal for written documentation of any exclusion, the legal basis, expected duration, and what alternatives were considered before excluding your child.
3
Cite the OHRC Policy
Reference the Ontario Human Rights Commission's Policy on Accessible Education (2018). Schools must accommodate disability to the point of undue hardship, staffing shortages do not qualify.
4
Request an IPRC Meeting
Under Regulation 181/98, you can request an Identification, Placement and Review Committee meeting to formally review your child's placement and supports.
5
Escalate in Writing
Email the superintendent and board trustee. Copy everything. Paper trails protect you and create evidence if you need to file a formal complaint.
6
File a Complaint
Contact the Ontario Ombudsman (school board conduct) or file a human rights application with the HRTO (discrimination in education). ARCH Disability Law Centre provides free legal information.
Template Letters
Copy and customize these templates when your child is excluded. Paper trails are your strongest tool.
My child was sent home, requesting written reasons
Dear [Principal Name],
I am writing to formally request written documentation regarding my child [Name]'s exclusion from school on [Date(s)].
Pursuant to the Ontario Education Act and the Ontario Human Rights Commission's Policy on Accessible Education for Students with Disabilities (2018), I am requesting:
1. The specific legal authority under which this exclusion was made (e.g., s.265(1)(m))
2. The expected duration of the exclusion
3. What alternatives to exclusion were considered before this decision
4. What educational services will be provided during the exclusion period
5. Written confirmation of my right to appeal this decision to the school board
Please note that the OHRC requires schools to accommodate students with disabilities to the point of undue hardship. A staffing shortage does not constitute undue hardship.
I expect a response within 5 business days.
Sincerely,
[Your Name]
Modified day objection, citing Regulation 298 and OHRC
Dear [Principal Name],
I am writing regarding the modified school day arrangement for my child [Name], who is currently attending [X] hours per day instead of the standard instructional day.
While Regulation 298, s.3(4)(c) permits reduced instructional time for an exceptional pupil, this must be justified by the student's educational needs, not by the school's staffing constraints.
The Ontario Human Rights Commission's Policy on Accessible Education states that schools must accommodate disability to the point of undue hardship. A lack of an Educational Assistant is a staffing management issue, not undue hardship.
I am requesting:
1. A written explanation of the educational rationale for reduced hours
2. A documented plan with specific dates to return to full-day attendance
3. An IPRC review meeting under Regulation 181/98 to assess my child's placement and supports
If full-day attendance cannot be restored within [X] school days, I will be escalating this matter to the superintendent and filing a complaint with the Ontario Ombudsman and/or the Human Rights Tribunal of Ontario.
Sincerely,
[Your Name]
HRTO application language for school exclusion
I allege that [School Board Name] has discriminated against my child in the provision of educational services contrary to sections 1 and 9 of the Ontario Human Rights Code on the basis of disability.
My child [Name], diagnosed with [disability], has been [excluded from school / placed on a modified day schedule / repeatedly sent home] since [date]. The school has cited [reason given, e.g., "lack of EA support" or "safety concerns"] without providing adequate accommodation or exploring alternatives.
The Ontario Human Rights Commission's Policy on Accessible Education for Students with Disabilities (2018) establishes that schools must accommodate students with disabilities to the point of undue hardship. The Supreme Court of Canada in Moore v. British Columbia (2012 SCC 61) held that adequate special education is "not a dispensable luxury" and that cutting special education resources constitutes prima facie discrimination.
The respondent has failed to:
- Provide meaningful access to education on equal terms with non-disabled students
- Demonstrate that accommodation to the point of undue hardship was attempted
- Offer adequate alternative educational services during periods of exclusion
I am seeking [describe remedies: e.g., full-day school attendance with appropriate supports, compensation for loss of educational opportunity, systemic remedies requiring the board to adopt exclusion tracking and reporting policies].
Note: This is template language only. Consult ARCH Disability Law Centre (1-866-482-2724) for legal advice specific to your situation.
Frequently Asked Questions
What is a school exclusion under section 265(1)(m) of the Education Act?
Section 265(1)(m) allows a principal to refuse to admit a student whose presence the principal judges to be "detrimental to the physical or mental well-being of the pupils." Unlike suspension, this exclusion has no time limit, no documentation requirement, no mandatory alternative supports, and no equivalent procedural protections. The only recourse is an appeal to the school board. ARCH Disability Law Centre has argued this provision was never intended to apply to students with disabilities.
What is an informal or "soft" school exclusion?
An informal exclusion occurs when a school asks a parent to keep their child home without triggering formal suspension or exclusion procedures. Common examples include phone calls saying "we don't have an EA today," requests for early pickup, or suggestions that the child "needs a break." These are never documented in provincial data. People for Education found 63% of Ontario elementary principals have asked parents of special education students to keep their child home.
What is a modified school day for autistic students?
A modified day is an arrangement where a student attends school for fewer than the standard 5-hour instructional day. While Regulation 298, s.3(4)(c) permits reduced hours for exceptional pupils, the law requires legitimate educational justification tied to the student's needs, not the school's staffing constraints. The Ontario Autism Coalition found that in 38% of modified day cases, the stated reason was "lack of resources."
How many students are excluded from school in Ontario?
Ministry of Education FOI data shows 499 students were formally excluded under s.265(1)(m) in 2022-23, up from 160 in 2020-21, a 212% increase. Of those, approximately 58% had special education needs. However, this counts only formal exclusions. The Ontario Autism Coalition's 2025 community survey found 6% of families reported full exclusion and one-third reported partial exclusion, representing approximately 21,000 children province-wide.
Can a school legally send my autistic child home because they don't have an EA?
No. A staffing shortage is not a lawful reason to exclude a student. The Ontario Human Rights Commission's Policy on Accessible Education (2018) requires schools to accommodate students with disabilities to the point of undue hardship. Lack of an Educational Assistant is a staffing management issue, not undue hardship. If your child is sent home for this reason, request written documentation and cite the OHRC Policy.
What rights do parents have when their child is excluded from school?
Parents have the right to: (1) receive written reasons for any exclusion, (2) appeal a s.265(1)(m) exclusion to the school board, (3) request an IPRC meeting under Regulation 181/98, (4) file a human rights complaint with the HRTO citing discrimination in education services, (5) contact the Ontario Ombudsman about school board conduct, and (6) demand continued educational services during any exclusion period.
What happened to Max Simao in Hamilton?
Max Simao, age 7, non-verbal and autistic, was on a modified school schedule, attending only mornings, because his school reportedly lacked staffing for full days. On December 11, 2025, Max was struck and killed by a Hamilton Street Railway bus. His family subsequently joined the Ontario Autism Coalition at Queen's Park to call for systemic reform. We are not asserting legal causation between the modified schedule and his death.
What is Moore v. British Columbia and why does it matter for school exclusions?
Moore v. British Columbia (2012 SCC 61) is a Supreme Court of Canada decision establishing that adequate special education is "not a dispensable luxury." The Court held that students with disabilities must be compared against the access non-disabled students have to education generally, and that cutting special education resources to balance budgets constitutes prima facie discrimination. Ontario's HRTO applied this test in R.B. v. Keewatin-Patricia (2013), awarding $35,000 in damages.
What is a "caring for" absence and how is it used to hide exclusions?
When a school calls and asks a parent to pick up a child or keep them home, the absence may be recorded as a "caring for" absence, making it appear voluntary rather than an exclusion. This launders the exclusion out of official data. There is no provincial tracking of how often this occurs, which is why advocacy groups call informal exclusions "invisible."
How can I file a complaint about my child being excluded from school in Ontario?
Start by documenting every instance in writing with dates, times, and who contacted you. Request written reasons from the principal. If unresolved, escalate to the superintendent and then the trustee. You can file a complaint with the Ontario Ombudsman (who has jurisdiction over school boards since 2015) or file a human rights application with the HRTO alleging discrimination in education services under the Ontario Human Rights Code. ARCH Disability Law Centre provides free legal information.
Related Resources
Special Education Rights
Bill 82, duty to accommodate, and your legal framework.
School Advocacy
6-level escalation ladder with email templates.
IEP Guide
How to request, negotiate, and enforce your child's IEP.
ARCH Disability Law
Free legal information for students with disabilities.
Ontario Autism Coalition
Special education survey data and advocacy campaigns.
HRTO Complaint Process
Information about the human rights application process.
Explore the Full Education Hub
IEP guides, IPRC process, EA support, and more, everything Ontario families need to navigate the school system.
Take Action
Help End the Wait
Ready to take the next step? Learn how other families have successfully advocated for their children.
Commitment to Accuracy: Our data is verified against official government reports (FAO, MCCSS), peer-reviewed scientific literature, and accessible public records. Last updated: March 24, 2026.
Under the Ontario Education Act, every student with special needs is entitled to an Individual Education Plan (IEP) and access to an Identification, Placement and Review Committee (IPRC)
WHO recommends accessible, community-based early interventions for children with autism — timely evidence-based psychosocial interventions improve communication and social engagement