My legal rights
Nova Scotia law provides people with sight loss with many important legal rights regarding education:
- You have the right to access education, free from barriers or limits;
- You have the right to receive special needs educational programming and services;
- You have the right to receive accommodations from educational institutions regarding your disability, up to the point of undue hardship; and,
- You have the right to use a guide dog in educational institutions.
Duty to Accommodate and Undue Hardship
Physical disabilities, including blindness, are protected under the Nova Scotia Human Rights Act. Consequently, educational institutions have a legal duty to accommodate individuals with needs related to their disability. In other words, educational institutions must provide you with the support you need to receive an education that is equal to your peers. However, this duty extends only up until the point of undue hardship.
Undue hardship is a legal concept referring to the point at which an institution has accommodated you as much as is reasonably possible and does not have to accommodate you any further. The point of undue hardship is determined by the courts or human rights tribunals.
It is difficult to demonstrate that accommodations would result in undue hardship. To establish this, the educational institution would have to prove that providing accommodations would:
- Be impossible;
- Create serious health or safety risks; or
- Be so costly as to significantly interfere with the educational institution’s ability to operate.
In each case, the educational institution would have to prove that they had considered all reasonable alternatives to accommodate you.
The rights of parents or guardians
Teachers and school boards have the legal duty to devise educational program plans that cater to your child’s particular needs. Parents of students with a disability have the opportunity to participate in developing their child’s individualized educational program, together with the educational facility. Parents may also file an appeal with the Regional Centre for Education if they do not find their child’s educational program suitable for their needs, and attempts to resolve the matter with the school have been unsuccessful.
Where do My Legal Rights Come From?
Your rights relating to education come from a variety of laws and have been decided by various courts, tribunals and boards.
- The Nova Scotia Human Rights Act is the main source of your legal rights against discrimination from educational institutions.
- The Accessibility Act requires the prevention and removal of barriers that people with disabilities may experience when trying to access education, among other factors.
- The Blind Persons’ Rights Act authorizes police to lay charges in circumstances where people are denied access to services or facilities (including educational institutions) because they are accompanied by a guide dog. The Service Dog Act also protects against discrimination based on the use of a service dog.
- The Education (CSAP) Act governs the administration of Acadian and French language public schools, and the Education Act governs the administration of English language public schools. These Acts also identify the rights of parents of students with special needs, and the duty of teachers and school boards to cater education plans to these students’ particular needs.
A note on private schools
- The Education Act and the Education (CSAP) Act require that private schools meet health, safety, building, and certain educational standards.
- Nova Scotia’s Human Rights Act applies to private schools and prohibits discrimination based on physical disability.