The OHRC’s Policy on accessible education for students with disabilities will help education providers recognize and fulfil their obligations under the Code, design their facilities, policies and procedures more inclusively, respond appropriately and in a timely way to accommodation requests, and effectively address complaints related to disability before they escalate to human rights claims made to the HRTO.

Electronic reproduction.

Executive summary --1. Introduction -- 2. Legal framework -- 2.1 Ontario Human Rights Code -- 2.1.1 Protections -- 2.1.2 Defences and exceptions -- 2.2 Education legislation -- 2.2.1 Primary and secondary education -- 2.2.2 Post-secondary education -- 2.3 Canadian Charter of Rights and Freedoms -- 2.4 Accessibility for Ontarians with Disabilities Act -- 2.5 Convention on the Rights of Persons with Disabilities -- 3. Scope of application -- 3.1 Education is a “service” under the Code -- 3.2 Applies to public and private education institutions -- 4. What is disability? -- 4.1 Ableism, negative attitudes, stereotypes and stigma -- 4.2 Accounting for non-evident disabilities -- 4.2.1 Mental health disabilities and addictions -- 4.3 Evolving legal definition of disability -- 4.4 When disability intersects with other Code grounds -- 5. What is discrimination? -- 5.1 Forms of discrimination-- 5.1.1 Direct, indirect, subtle and adverse effect discrimination -- 5.1.2 Harassment -- 5.1.3 Poisoned environment.-- 5.1.4 Systemic discrimination -- 6. Discipline, safe schools and students with disabilities -- 7. Reprisal -- 8. Duty to accommodate -- 8.1 Principles of accommodation -- 8.1.1 Respect for dignity -- 8.1.2 Individualization -- 8.1.3 Integration and full participation -- 8.2 Inclusive design -- 8.3 Accommodation process -- 8.3.1 Basic principles -- 8.3.2 Sharing information -- 8.3.3 Timeliness -- 8.3.4 Accommodation after a deadline, test or course has been completed -- 8.3.5 Dispute resolution -- 8.4 Appropriate accommodation -- 8.4.1 Basic principles -- 8.4.2 Forms of accommodation -- 8.4.3 Placement -- 8.4.4 Accommodation process as a continuum -- 8.4.5 Meeting education requirements -- 8.5 Accommodation planning -- 8.5.1 Institutional accessibility policies and plans -- 8.5.2 Individual accommodation plans -- 8.5.3 Transitioning to higher or different forms of education -- 8.6 Duties and responsibilities in the accommodation process -- 8.6.1 Duty to inquire about accommodation needs -- 8.7 Medical information to be provided -- 8.8 Confidentiality and protecting disability-related information -- 9. Undue hardship -- 9.1 Elements of the undue hardship defence -- 9.1.1 Costs -- 9.1.2 Outside sources of funding -- 9.1.3 Health and safety -- 9.2 Minimizing undue hardship -- 10. Other limits on the duty to accommodate -- 11. Preventing and responding to discrimination -- 11.1 Barrier prevention and removal -- 11.2 Data collection and monitoring -- 11.3 Developing human rights policies and procedures -- 11.4 Education and training -- Appendix A: Recommendations to improve education outcomes for students with disabilities -- Appendix B: Purpose of this policy -- Appendix C: Anti-harassment policy.