This boy uses ASL, but his teachers don't — and his parents have filed a human rights complaint

Carter Churchill grabs on to his purple and black striped socks as his grins turns into a laugh.

The eight-year-old's joy stands out in sharp contrast to his parents' obvious anguish and frustration.

Carter has cerebral palsy and is deaf. He's in second grade at a Portugal Cove-St. Philip's school and has a full-time American Sign Language (ASL) teacher to help him — but it's a far cry from the supports he would have received at the School for the Deaf in St. John's, which closed in 2010. 

"These children were forced into a mainstream system, in a mainstream school that was designed and developed for hearing children only," said his mother, Kim Churchill.

"So right off the bat, you've got a system that is essentially set up to fail children who are deaf or hard of hearing."

Carter is never exposed to two people communicating in his language.- Kim Churchill

When the School for the Deaf was closed, parents were promised that kids would be given the same levels of support. But that's not happening, said Carter's father, Todd Churchill.

"To other people, Carter is a case number. He's a student with a number and an ID, he's a faceless student. He's very much more than that to us," he said, turning his head away as tears spilled form his eyes.

"Am I going to have to open up a human rights complaint to get my child an education?"

Ultimately, that's what Carter's parents did. The complaint was filed two years ago. Since then, there has been a mediation process, but no agreement has been reached. 

Will there be a teacher for Carter?

Hearing children get teachers who can speak their language and communicate with them every year, Todd said. With Carter, his parents don't know what will happen from year to year.

"There's just no guarantee," Todd said. "It's constantly a weight that's hanging over us and other people in the same situation."

It comes down to availability, he said. And many of the teachers currently in the system used to work at the School for the Deaf and are preparing to retire.

That means there could be a major shortage looming, said Todd.

"Parents will just be told there isn't anybody — and your child will be deprived of an education."

It's his language and culture, parents say

Even dealing with officials to get the supports in place is stressful, Todd said.

Each year, he and Kim have to go back to battle for Carter, explaining over and over that he needs an ASL teacher because ASL is the language Carter speaks.

"It's frustrating," he said.

Am I going to have to open up a human rights complaint to get my child an education?- Todd Churchill

There are more than 300 deaf and hard-of-hearing children in the Newfoundland and Labrador English School District, Kim said.

• Read this powerful essay about disability culture by Paul David Power

When these children are in regular schools, away from other kids like them, they don't get to interact with each other and experience their culture.

"Carter is never exposed to two people communicating in his language. He doesn't get to see a regular back-and-forth between two people who speak his language," she said.

Ready to go to court

The couple is at the end of their rope and are ready to take their fight to higher authorities.

"We are prepared to take this as far as we need to take it. If that means the Supreme Court of Canada, so be it. We will take it that far," Todd said.

"Children like Carter should have equal access to an equitable education as hearing children."

Read more from CBC Newfoundland and Labrador