OVERVIEW

This is the 3rd of 4 videos in our short series on Exclusions, in collaboration with ARCH Disability Law Centre.

This video focuses on students’ legal rights and what happens when those rights are not upheld.

You will learn about:

  • the right to meaningful education

  • protections against discrimination

  • how schools may try to justify exclusions

  • the real impacts of exclusions on students’ learning, well-being, relationships, and sense of belonging.

You can find the transcription for this video here (including visual descriptions for the video).

Refer to our glossary if you’re having trouble understanding any of the terms in this series.

What is the right to meaningful education and how is it related to exclusions?

Students have a right to meaningful education, which means that all students, including students with disabilities, have the right to access free primary and secondary school education. Some schools may try to defend an exclusion by showing that a student is still receiving education. For example, the school may give the student education booklets to do at home. But, the alternative education is often not the same quality as that of a teacher in the classroom. In addition, the student is losing out on important social interactions with other students.   

How is the right not to be discriminated against relevant to exclusions?

The Human Rights Code protects students with disabilities from being discriminated against while attending school. Also, schools are required to accommodate student’s disability-related needs to the point of undue hardship. Schools may try to argue that an accommodation is too expensive, or that a student is too much of a safety risk. A school must ensure that they have done everything they can do accommodate the student.

What are some negative impacts of exclusions on student well-being?

Being excluded impacts to students’ self-esteem; interference with student’s education and; removes important social activities that are part of school, and help a student develop.