Accommodating Student Disability While Protecting School Safety
Author(s): Ontario Bar Association
Publication Date: February 2017
Format: shipped (hardcopy), download (PDF)

All students have a right to an education, including students with disabilities whose behaviour poses a risk-of-injury to others. At the same time, school staff, including teachers and educational assistants, have a right to a safe workplace. How should school boards balance these rights when they are in conflict? What are their duties and obligations under the Education Act, Human Rights Code, and Occupational Health and Safety Act? Join our expert panel to explore this challenging topic, including:
  • How often are these rights in conflict? The reported data (WSIB, Ministry of Education, etc. reports) vs. anecdotal reports
  • What is the statutory and policy framework for school board violence/management of risk-of-behaviour policies? What, if any, barriers are there to applying these policies? Examples of best practices?
  • The role of suspensions, expulsions and exclusions in dealing with this behaviour
  • The right to refuse unsafe work: Can a teacher refuse work in light of safety concerns?
  • Balancing student privacy with the duty to provide information to workers under s. 32.0.5 of OHSA


Brenda Stokes Verworn, District School Board of Niagara


Excerpts from Relevant Legislation
Nadya Tymochenko, Miller Thomson LLP

Bonnah by his Litigation Guardian Bonnah v.Ottawa-Carleton District School Board, 2003 CanLII 19087 (ON CA)

R.B. v. Keewatin-Patricia District School Board, 2013 HRTO 1436 (CanLII)

When Working Conditions are Learning Conditions: What unions are doing to prevent workplace violence in schools
Mandy Wojcik, Goldblatt Partners LLP

Workplace Violence and Serious Student Incidents - THE PLACEMAT - connecting legislation and policy
Valence Young, Elementary Teachers' Federation of Ontario

Protecting the Human Rights of Students in the Face of Safety Concerns
Glenn Stuart, StuartLaw

Accommodating Student Disability-Clinical Perspective
Lee Ann Chapman, Triage Lawyer, Pro Bono Law Ontario, The Hospital for Sick Children

  Ordering Information
All prices in CDN dollars


  Your Cart

0 items in your cart
Total: $0.00