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The Child Advocacy Project

Common Legal Problems

Common legal problems at school include:

  • Unfair and unlawful suspensions, expulsions, exclusions or transfers;
  • Inability to access accommodation for special needs/disabilities;
  • Being denied the right to attend school;
  • Bullying, harassment and school safety issues.

People rarely think of these as legal problems. However, eash issue is rooted in Education and Human Rights Law and administered according to precise legal rules and procedures.

Although school administrators are required to uphold the law, their decisions sometimes reflect ignorance or avoidance of correct legal procedure. Even small violations in any of these areas can have a significant impact on a child's education.

CAP lawyers can help in three ways
  1. By consulting with students and families on their legal rights;
  2. By intervening on behalf of students with school administrators (by letter, phone or in person);
  3. By representing students at tribunals or hearings.
How do I know if it's time to get legal help?
  • Has your child been sent home, suspended or expelled, with no written letter from the school?
  • Has your child been kept from attending, or enrolling in, school?
  • Does your child get repeatedly suspended?
  • Is your child being denied special education services?
  • Has your child been denied an IPRC meeting?
  • Has your child's IEP been changed without your consent?
  • Is your school ignoring complaints about harassment or bullying?

If you believe you need legal help for a child in an Ontario school, find out if you meet the eligibility guidelines or apply for help.

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