Until the Supreme Court of Canada either overturns the decision, or rules that the Ontario Court of Appeal decision should not be in effect until a final decision by the Supreme Court is made, your rights are clear. When school boards ignore the ruling of the Eaton decision, they are breaking the law. The Education Ministry and Ontario schools are obliged to follow the Eaton decision now. What parents can do Parents' discussions with members of an IPRC should be about how these efforts will be made. Another is providing supports to your child to participate in regular classroom activities.
Supports can include technological devices, adapted materials, peers and adults.
Likewise, if the IPRC recommends that your child be segregated, the appeal should consider whether the IPRC process followed the requirements of the Eaton decision. Any school board which extolls the virtues of segregated classes should be reminded of powerful statements of the Court of Appeal to the contrary. The law of Ontario today supports a parent's wish to have their child included within the regular classroom, with the assistance necessary so that inclusion is successful. It is important that parents know these are their rights and assert them powerfully. Resistance by school boards and government to follow the letter of the law must be met by stronger persistence on the part of parents and advocates.