Special Education Law 2026

Nicola Simmons, Keel Cottrelle LLP
Nadya Tymochenko, Borden Ladner Gervais LLP

• The statutory foundation of special Education in Ontario
  • Education Act & Regulations
• Identify mandatory vs discretionary obligations under the Education Act
• Clarify the distinct legal purposes of IPRC’s and IEP’s
  • IPRC process – legal threshold for identification
  • Categories of exceptionality (MOE definitions)
  • Placement decision-making hierarchy
  • Appeal process: timelines, composition and consequences
  • Legal status of the IEP (policy obligations with legal consequences)
  • Required components: strengths, needs, accommodations vs modifications
  • IEP’s without identification
• Student discipline obligations under the Education Act
• Safety planning as an accommodation tool and risk mitigation strategy
• Exclusions, modified attendance and alternative programming
• Recognize common legal risks in identification, placement and programming

Nicola Simmons, Keel Cottrelle LLP
Kimberley Ishmael, Keel Cottrelle LLP

• The impact of the Charter and Ontario Human Rights Code on special
• Education & how they override board discretion
• The use of the Code to challenge decisions with respect to student
• Identification and placement and/or discipline of special needs children
• The positive duty to address allegations of discrimination in the school
• Procedural component of the duty to accommodate under the Code
• Update on the latest case law on human rights issues in schools
• Strategies for complying with your obligations under legislation as well as board and tribunal rulings

Nadya Tymochenko, Borden Ladner Gervais LLP

• Understanding overlapping obligations to students and staff
• Navigating competing duties: accommodation, safety and workplace law
• OHSA – employer duty to take reasonable precaution to protect workers and provide a safe workplace
• Code vs. OHSA obligations
• Relevance in special education: aggressive, violent or unpredictable student behavior
• Union role in work refusals
• Joint health & safety committees

Lauren Sheffield, Cavalluzzo LLP
Melissa L. Eldridge, Borden Ladner Gervais LLP

• Privacy obligations specific to special education
• What information can be shared and with who?
• Avoid common breaches related to student records
• MFIPPA – educational records and personal information
  • Disclosure limits within schools
• PHIPA – interaction with health professionals
  • What schools can and cannot access
• HCCA – consent to treatment vs. educational decision-making
• Parent access rights and limitations

Kimberley Ishmael, Keel Cottrelle LLP

• Recognizing mental health as a disability under the Code
• What do you do when a student is in crisis?
• Access to education when in crisis
• PPM 169
• Duty to accommodate anxiety, depression, trauma-related behaviors
• Limits of educator role vs. clinical responsibilities
• Crisis response and legal considerations
• Avoiding inadvertent discrimination
• Managing parental expectations
• Documentation and referrals

Megan Semeniuk, MSW, RSW, Mental Health Lead, Lakehead District School Board
Shameen Sandhu, Ph.D., MSW, RSW, System Leader, Mental Health and Professional Support Services, Toronto District School Board

To close out the program we will break into small groups to work through key issues and questions that arose throughout the day. This is an opportunity to connect with others on pressing issues and compile a list of items to be addressed by the whole group.