Advocate says schools illegally sending some children home, issues warning

New Brunswick's child and youth advocate says he's warning the province's school districts that it's illegal to send a child home simply because a learning disorder made them too difficult to deal with.

Kelly Lamrock told a select committee of MLAs he's heard complaints from parents that school staff are calling them during the day and asking that they pick up their children and take them home. In other cases, parents are reporting school staff are telling them their children can only attend school for part of the day.

"We're seeing a number of cases where districts are saying … 'Let's see if this child can come for an hour, but if they escalate and we can't handle them then we're going to have to call the parent at work, or we're going to have to send them home,'" said Lamrock, speaking before the legislature's select committee on accessibility Wednesday afternoon.

Lamrock said the reports have prompted him to issue a "legal guidance letter" to the province's school districts, noting schools could be acting in violation of the Education Act, as well as the Human Rights Act.

"The Education Act in Section 12 is absolutely clear. All children have a right to be in school when their peers are in school. If the school's open and kids are going, every child is receiving educational services."

Lamrock did not say which schools or school districts are at the centre of the complaints he's heard.

Tracadie-Sheila Liberal MLA Keith Chiasson thanked Lamrock for bringing up the issue, adding that he's heard from around 100 parents from across the province on the same issue.

He said the parents, many of whom have children on the autism spectrum, report school staff are requiring their children start classes earlier, and end earlier, than the rest of their peers.

"[Parents] feel they have to fight with the school and the school district to just advance or get a little more services, and this is the first year it's come up where they're really being asked to modify their schedule, so either the child finishes early or starts early," Chiasson said.

"So how do we raise this concern and say 'OK, listen, this cannot happen'."

Schools obliged to accommodate: Lamrock

Lamrock said there are no provisions in the Education Act that give schools the right to send students home, aside from cases of disciplinary action, which doesn't relate to the issue being raised.

Instead, schools are obliged to establish accommodations that allow for students with special needs to be in class at the same time as their peers.

"If a child is disruptive or can't be adapted, even with supports in the regular classroom or common learning environment, the school can provide an alternate setting but that alternate setting is paid for by the district," Lamrock said.

"It is not that, 'If we can't handle your child's disability, well then mom can only work part-time or mom can't hold a job because we call her by 10:30 every day.'"

Department says support recently increased

Education Department spokesperson Morgan Bell said the department launched a review two years ago of its inclusion policy, which hadn't been updated in the 10 years since it was implemented.

"Following the review, we have provided school districts with increased funding for additional inclusive education resources," Bell said in an email.

"This includes more social workers and behaviour intervention mentors, resource specialists and resource teachers."

Bell said the department strives to keep an open relationship with the child and youth advocate.

Complaints are promptly investigated by departmental staff, she said.

The NBTA did not respond to a request to a request for comment on the issues Lamrock raised.