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How To
School exclusions of children with disabilities may violate Ontario human rights law. Here is how to respond.
School exclusions of children with disabilities may violate Ontario human rights law. Here is how to respond.
If the exclusion was communicated verbally, send an email to the principal asking them to confirm the exclusion in writing and state the reason. Schools must provide written notice.
Contact the principal in writing within 5 school days of the exclusion. Request a formal review meeting and state that you believe the exclusion may be unlawful.
If the principal does not respond within 5 school days or denies your review request, write directly to the superintendent. Include all prior correspondence.
Exclusions based on disability-related behaviour may constitute discrimination under the Ontario Human Rights Code. Applications can be filed at hrto.ca. There is no filing fee.
Community legal aid clinics across Ontario provide free advice on education rights cases. Contact Legal Aid Ontario at legalaid.on.ca or 1-800-668-8258.
Generally, no. The Ontario Human Rights Code requires schools to accommodate children with disabilities to the point of undue hardship. Behaviour that is a manifestation of a disability cannot be treated as a disciplinary matter without first exhausting accommodation options.
A suspension is a formal disciplinary action with a defined timeline, governed by the Education Act. An exclusion is an informal refusal to allow a child to attend school - often communicated verbally - and is not backed by legal authority. Informal exclusions are generally unlawful.
Related Resources
Next Steps
Families navigating autism services in Ontario face a documented multi-year wait. Here is the Ontario data — and a two-minute way to push back, when you are ready.
How do I register for the Ontario Autism Program?
VerifiedTo register for the OAP, contact AccessOAP (1-833-425-2445) or create an account at accessoap.ca. You must provide a valid ASD diagnosis letter. Registration date determines your waitlist priority. Once registered, you can immediately access Foundational Family Services while waiting for Core Clinical Services.
Source: AccessOAP · Verify Link
Who is eligible for OAP funding?
VerifiedOAP eligibility requires the child to: (1) be under 18 years of age, (2) strictly reside in Ontario, and (3) have a written diagnosis of Autism Spectrum Disorder (ASD) from a qualified professional. Only children with a confirmed diagnosis can register; suspected cases must complete assessment first.
Source: Ontario.ca OAP Eligibility · Verify Link
Where can I get an autism diagnosis in Ontario?
VerifiedDiagnoses are provided by psychologists, developmental pediatricians, or qualified medical specialists. Public hospital assessments are free (OHIP) but have 1-2 year waits. Private assessments cost $2,500-$4,000 and are faster (2-4 months). Both are accepted by OAP if they meet DSM-5 standards.
Source: Autism Ontario Diagnosis Guide