Practical Applications - Exempting Your Child from Core French

It's one thing to discuss the big picture of how things should work in the world of special education. It can often be quite another thing to attempt to navigate through that maze on the ground.

I received a question last week asking about how to obtain an exemption from core French for a special needs child in Nova Scotia.

We have requested on several occasions that our son be exempted from French at school because of his disability (PDD-NOS/NLD). We have been told that the school is unable to exempt any student from French and that he will have to continue to take it even though there is no reasonable expectation that he will learn to use it. The school has offered an IPP (although it was never put in place, he currently draws pictures in French class) but we wanted him removed from French so that he could use those classes for organization and catch up (or maybe even some tutorial). We have been told there is no way around this although there are other children in the school who have been exempted from French. What is your take on this?

I ran into this last year with my oldest daughter. Ironically, she has always enjoyed French but I knew the time would come when it would be way over her head. Frankly, I was surprised that it took until Grade 8 before that occurred.

Also, somewhat ironically, although I had questioned the school about the possibility of a French exemption when she started Middle School, the thought never even entered my mind the night I wrote a note in the communication book complaining about the French homework she had brought home. Homework which involved translating whole sentences and which was way beyond her ability. Imagine my surprise to get a note home the next day saying that 'they' understood completely and would be applying for a French exemption for my daughter.

For those not so lucky, let's take a look at how the process of obtaining an exemption should works. Although, first, I should point out that "Core French" is only mandatory from Grades 4 through 9; after that it becomes an elective and the problem is effectively solved.

Much like we discussed in a previous post which set out the relationship between legislation, regulations and policy, the policies of any particular school must be in line with those of their school board. Which, in turn, must be in line with the Department of Education's policies in the relevant area.

As a parent being refused some accommodation, service or plan for your child, you will want want to follow this hierarchy from the top down in order to gather the information you need to make a sound argument. Meaning that first you would look to the Education Act to see if your situation is covered there. Whether or not it is, you would continue through a search of the both the Ministerial and Governor in Council Regulations made under the Act. Then you would continue to search the relevant Department of Education policies and finally your own school board policies.

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Legislation, Regulations and Policy ... Oh My!

We were previously discussing taxation credits for individuals with disabilities and their families. And today, I planned on taking a further look at provincial benefits. Until I realized that we might need a slight bit of background first.

We've already looked at some of the programs available under Nova Scotia's Services for Persons with Disabilities Program. But before a government institutes any program, policy or service there has to be, in theory at least, some grant of power for them to do so. In other words, there has to be some form of legislative authority which authorizes or allows them to do whatever it is they are doing.

For example, the provincial government receives its authority for the Servcies for Persons with Disabilities program from two pieces of legislation;

1. the Employment and Income Assistance Act (what people formerly thought of as the Social Assistance Act) and
2. the Homes for Special Care Act.

In addition to the legislation (the statutes as set out above), the government will also often enact regulations under each statute. The statute gives the broad outlines of what the government can and cannot do and/or what you and I as citizens are allowed and not allowed to do. The regulations made under each of the above statutes fill in the some of the details that are missing from the Acts themselves. Both statutes and regulations have the force of law.

Beneath those you will often 'policy' or 'guidelines" for various programs. Generally speaking, policies do not have the force of law. Which is part of the reason why, for example, in the Dassonville decision we discussed earlier, the Nova Scotia Court of Appeal found that the government must look at individual circumstances and cannot simply apply policy in a blanket manner.

You can almost think of it as a painting. We will start with a paint by number:

• The statute sets out that black and white outline which will eventually turn into a picture.
• The regulations tell you what colour goes with what number so you can starting painting in the right colour in the right spot.
• Beyond that, policies or guidelines would give you more rich detail (which shade of blue goes here, is that light brown or dark brown in this square). Maybe not the best analogy, but hopefully you get the picure.

In the next few posts, we are going to look at some of the regulations made under the Employment Support and Income Assistance Act. Regulations that affect how much money your adult child will receive if you keep him or her at home and how any assets that a disabled individual has [or even has access to] affects their eligibility for provincial benefits under programs such as the Services for Persons with Disabilities Program. And how you, as a parent, can work with that in your child's best interests when drafting your Will.