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Society for Quality Education

Not So Small Claims Court

March 16, 2010 by .(JavaScript must be enabled to view this email address) at 10:01 AM

It turns out that maybe parents are not as defenceless as we thought when it comes to their children’s schooling. In Waterloo Region, three different lawsuits have been filed against local schools - and more expected - in Small Claims Court for as little as $75 in expenses. Click here to find out how to go about it.

Comments

Better move fast. You can anticipate government action to close that avenue soon.

Posted by Doug Little on 03/16 at 12:36 PM

Seeing as though no one’s responded thus far allow me to suggest that the type of education that parents need is exactly what the former police officer is teaching parents.

When the system becomes too entrenched or uninterested in acting parents need recourse. This provides them with one.

You can be sure that if the gov’t moves to close this loop hole soon the public will hear about it loud and clear because the government must really hate parents that much.

Will SQE allow the police officer to post his contact info. here?

Posted by Chuck on 03/16 at 02:44 PM

It’s time educators began doing their jobs. 
They’re going to be bringing in younger children for more hours (full day junior and senior kindergarten) and yet they don’t seem to want to take responsibility to either properly educate nor look after the children when they’re at school.
Also, it must be shocking for foreigners when reading this blog to see what our schools are really like.
Canada is definately not a good place when it comes to educating or looking after children.

Posted by Bev Koski on 03/16 at 10:36 PM

Ya Bev, it is really bed eh, second in the world in the literacy of 15 year olds, first in the world in post secondary graduates. That Finland is a pain. We need to get into first place. Of course we will need to spend a lot of money to get there.

Diane Ravitch lists Canada alongside Finland and Japan as some of the countries with the really exceptionally good education systems while the USA spins its tires on charters and testing and sinks further and further behind the OECD each year.

Posted by Doug Little on 03/17 at 06:37 AM

Doug, I have news for you. In the first place, the public education system, nor any other organization, business can prevent anyone from using the small claims court. Second bit of news, the small claims court is being used in various ways to force state run institutions to provide the services, that they seem no longer want to provide. It is happening across North American, in health issues, education issues, in many different social issues, and it is where, the system does not provide avenues for people who do not meet the norms within the system. In the education system, there is serious issues, and no accountability within the system. The appeal system, is set up to ensure that denying of services, stays that way up the ladder, because the very people who approves or denies the service, are the very people who said no in the first place. The appeal process, is not set up as a independent process, or at arms-length at the very least, and for most appeals especially of education needs are denied for the most part. The appeal process, is designed to protect the employees, and certainly does not benefit parents or their children.
Small claims court is an avenue that can be taken, for the majority of parents that cannot afford to sue in civil court. Plus small claims court, there is lesser burden of proof needed, to bring a small claims suit to court, and of course a much cheaper route.
If the education system moved to close courts to parents seeking redress in small claims court, that my dear, is a direct violation of the Constitution and the Charter of Rights.
Here is the link for the facebook group:
http://www.facebook.com/group.php?v=wall&ref=search&gid=299654674334

Posted by Nancy on 03/17 at 07:33 AM

Nancy - I have also heard that paralegals have a wider scope with which to advocate for families. Do you know if this is now true in Ontario?

Posted by Chuck on 03/17 at 10:53 AM

OMG, I completely forgot that paralegals are taking on more, much to the dismay of lawyers. The legal system, is a costly affair, and paralegals are filling in the void, and education manners like other issues, can be a prefect fit for a paralegal to take on, because of the ongoing of school boards and schools, of ignoring their own regulations, rules, school acts, mandates when it comes to children’s IEPs. In fact, the school my daughter’s school is breaking the regulation of not following her IEP, out of defalut because her file, along with her IEP are held hostage by the board. No one has access to it, including myself. It makes a teacher’s job that much more difficult to do, when they do not have access to the file. This is a common tactic among school boards across Canada, practiced with children who fall into the mild to moderate category. These children are in the land of limbo, and most parents that have the means and are lucky to live near private services, will take the private route, just so their child will become good readers and writers.
Judges are willing to hear the claims, and it has been reported in the news media in Canada, the worries that judges have with the legal system, where they are hearing less each year from the common person in civil manners.
Small claims court, could be an answer to parents who are fed up, and can be done doing it yourself. I am looking into the manner of taking the school board to small claims court, but I can tell you, more than likely, it will me with perhaps some help from the learning disability association and their expertise, against 10 lawyers line deep on the other side, in my small province. But I bet, it will be settle before it gets into court, and the reason why, there is plenty of evidence throughout the years, that it was the board that prevented the school from giving the proper help for my kid, as well as other children who have education needs.
In Canada, we have few expert lawyers, well skilled in the education field. The majority of lawyers, are working for the education field, and as a result not being retained by parents. Even for parents who can afford the lawyers fees, the first hurdle is to find a lawyer that has the skills and is willing to take on the education system. In United States, it is easier to do so, since the right to an education, is under the IDEA laws. Sooner or later, and within the next 10 years, I believe there will be class actions suits brought to bear on a system, that has gone out of their way not to provide services for children who have difficulty in reading and writing. 
I cannot see why, paralegals could not take on education issues as individual cases, in small claims court, because parents are looking for services that should be provided by the school, and the board. It is not money, but the services that parents value.

Posted by Nancy on 03/17 at 12:55 PM
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