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In the province of British Columbia, it is important to understand Federal and BC Ministry of Education Policies that have an impact on LD. The best resource to assist with better understanding of these policies and other issues surrounding LD in BC is LDA South Vancouver Island’s Know your Rights booklet, available in PDF here.

BC Human Rights Code

An excerpt from Know your Rights:
The BC Human Rights Code can be found on line at: http://www.qp.gov.bc.ca/statreg/stat/H/96210_01.htm

The BC Human Rights Code also recognizes that people with disabilities can face discrimination. A child’s right to access educational accommodations, facilities and services are covered in Section 8 (1) of the Code.
8 (1) A person must not, without a bona fide and reasonable justification,
(a) deny to a person or class of persons any accommodation, service or facility customarily available to the public, or
(b) discriminate against a person or class of persons regarding any accommodation, service or facility customarily available to the public because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex or sexual orientation of that person or class of persons.”

BC Ministry of Education Policy on Special Needs:

An excerpt from Know your Rights:
Special Education Policies can be found on line at: http://www.bced.gov.bc.ca/policy/policies/special_ed.htm
The following policies (1 through 3) apply to students who have been reported to the Ministry of Education as students with special needs.

1. The Placement of Students with Special Needs:
The school board must ensure that a principal offers to consult with you
about your child’s placement in an educational program. The school board must provide your child with an educational program in a classroom where he or she is integrated with other students who do not have special needs, unless the educational needs of your child, or of other students, indicate that the educa- tional program for your child should be provided otherwise.

2. Planning for Students with Special Needs: (Individual Education Plans, IEPs)
This policy can be found on line at: www.bced.gov.bc.ca/policy/
The school board must ensure that an IEP is designed for your child as soon as practical after the board identifies your child as having special needs, unless

• your child requires little or no adaptations to materials, instruc- tion or assessment methods,
• the expected learning outcomes have not been modified, and
• your child requires 25 or fewer hours of remedial instruction by someone other than his or her classroom teacher, in a school year.

The school board must ensure that your child’s IEP is reviewed at least once each school year, and where necessary, is revised or cancelled. You, and where appropriate your child, are to be given the opportunity to be consulted about the preparation of the IEP. Your child must be offered learning activities in accordance with the IEP designed for him or her.

3. Reporting for Students with Special Needs:
This policy can be found on line at: www.bced.gov.bc.ca/policy/
Where your child’s program is modified, that is if your child is unable to demonstrate his or her learning in relation to expected learning outcomes set out in the curriculum for the course or subject and grade, his or her progress report(s) must contain written comments describing:

• what your child is able to do;
• the areas in which your child requires further attention or development; and
• the ways of supporting your child in his or her learning.

The report described above must contain a statement that the progress your child makes is in relation to the
expected learning outcomes set out in his or her IEP (a modified program). It should not be in relation to the expected learning outcomes set out in the curriculum for the course or subject and grade. Where appropriate, written comments should describe ways to enable your child to demonstrate his or her learning in relation to expected learning outcomes set out in the curriculum for the course or subject and grade, and should describe the time period required to enable the student to demonstrate such learning.

A letter grade (the typical manner for reporting student progress in grades 4 through 12) may only be assigned for your child where he or she is able to demonstrate his or her learning in relation to expected learning outcomes set out in the curriculum for the course or subject and grade.
Where a professional support person other than the classroom teacher is responsible for providing some portion of your child’s educational program, that person should provide written reports on your child’s progress for inclusion with the report of the classroom teacher.

Individual Education Plans

IEP Guidelines
The use of Individual Education Plans (IEP), is considered best practice for planning educational programs for students with LD. A variety of forms and procedures are used by various teachers, schools and school districts.

IEP – Definition
An IEP is a working document written for teachers and other support personnel. It  describes the educational program adaptations and/or the modifications, and the services that are to be provided for the student.

Definition of “Adapted”
Learning outcomes for the student with special needs on an “adapted” program are the same as those for other students. The adaptations are made so that the student can participate in classroom activities. These adaptations may include teaching methods, materials, and/or assessment methods.

• Examples are as follows:
• Providing taped book or book on CD
• Assigning a “buddy” for note-taking
• Allowing oral examinations
• Assigning fewer examples for practice
• Providing visual referents
• Marking for content rather than spelling
• Extending time for assignments and tests
• Notes by peer using NCR paper
• Using calculators, word processors and tape recorders

Definition of “Modified”:
Some students with special needs are placed on a “modified” program. Learning outcomes and school-leaving documents are substantially different from those in the prescribed curriculum. These modifications may include functional academics for successful daily living as opposed to academic goals.

According to Ministry Policy, an IEP must have one or more of the following:

• the goals or outcomes set for that student for that school year where they are different from the learning outcomes set out in an applicable educational program guide; or
• a list of the support services required to achieve goals established for the student; or
• a list of the adaptations to educational materials, instructional strategies or assessment methods.

An IEP should also include the following:

• the present levels of educational performance of the student;
• the setting where the educational program is to be provided;
• the names of all personnel who will be providing the educational program and the support services for the student during the school year;
• the period of time and process for review of the IEP;
• evidence of evaluation or review, which could include revisions made to the plan and the tracking of achievement in relation to goals; and
• plans for the next transition point in the student’s education (including transitions beyond school completion) and linkages to Graduation Portfolio during Grades 10-12.

Where the goals established for the student are different from the expected learning outcomes for the age or grade, these should:

• be set at a high but attainable level to encourage parents, students and staff to hold high expectations.
• be accompanied by measurable objectives developed for each goal to enable IEP review and evaluation.

Who Is Responsible for the IEP Development and Implementation?
According to the School Act, it is the principal, although planning should happen collaboratively.

Do I Have a Right To Participate in the Planning?
Yes, and your child should as well to the extent that he or she is able. You should also be provided with a copy of the IEP.

Am I Required to Sign the IEP?
Signing an IEP does not mean you agree to the plan. It only provides the Ministry with proof that you were consulted.

Who gets a copy of an IEP?
The original document should be placed in the student’s confidential file. IEPs may be kept for teacher reference in a central file in the office; that file should be stored in a private and protected location.