Disabled kids' parents take board to court
August 8, 2009
Andrea Gordon
FAMILY ISSUES REPORTER
A group of parents has launched legal action in hopes of forcing Toronto's Catholic school board to continue the Arrowsmith program for learning-disabled students.
The five parents, who represent six children enrolled in the program when it was abruptly cancelled in June, yesterday filed a notice of application to Ontario Divisional Court seeking a review of that controversial decision.
Arrowsmith, offered through the Toronto District Catholic School Board for 10 years, was axed by Ministry of Education supervisors appointed to take charge of the cash-strapped board.
The board and ministry supervisors Norbert Hartmann and Norm Forma are named as respondents.
The parents' application argues that by cancelling the program, the board and supervisors violated their commitments to the children, who were placed in Arrowsmith on recommendations of the board's special education services.
"All of the children of the applicants have learning disabilities, and have been benefiting greatly from the Arrowsmith program," the application says.
It adds that if the program is not reinstated, "it is likely that they will be irreparably harmed."
Michael Watson, the lawyer representing the parents, said a court date of Sept. 8 has been set aside and he hopes a decision will be made as early as possible, as the new school year begins that week.
Spokesmen for Education Minister Kathleen Wynne and the ministry said they would not comment on matters before the court. The Catholic board is expected to respond to the legal action next week.
The application notes that 60 to 70 children had been placed in the Arrowsmith program for the 2009-2010 school year. As a result of the June decision, many families have been scrambling for alternatives.
"We are saying that the decision was made for improper purposes and is contrary to the regulations under the Education Act," said Watson.
The parents also argue the board ignored recommendations of its own Special Education Advisory Committee, which called for a two-year review of the program before making a decision.
Toronto Star