"Meaningful access": students with learning disabilities strive to be included.

• Author: Luhtanen, Melissa

Jeffrey Moore attended public school, at School District No. 44 (the "District"), from kindergarten to grade three, beginning in 1991. Jeffrey had access to an aide and attended a Learning Assistance Centre; his parents hired a private tutor. By January 1994, in grade 2, Jeffrey had serious headaches; he was under "significant stress", was making slow progress in school and was behaving immaturely. He underwent a full psycho-educational assessment and was diagnosed with a severe learning disability. A District psychologist referred Jeffrey to the District's Diagnostic Centre, however funding cuts intervened and the Diagnostic Centre was closed down. The District had no other program to refer Jeffrey to, and therefore, it recommended that he attend a private school that specialized in learning disabilities. The private school was not available until grade 4 and so Jeffrey had to stay at his existing school as he struggled to read and his self-esteem dropped. Jeffrey's dad, Frederick Moore filed a complaint against the Ministry of Education and the Board of Education in School District No. 44 for failing to provide the learning supports that Jeffrey required. Moore v British Columbia (Education), 2012 SCC 61 ("Moore")

This case is informative about a school board's responsibility to accommodate students with learning disabilities. A District psychologist referred Jeffrey to the District's Diagnostic Centre, however funding cuts intervened and the Diagnostic Centre was closed down. In British Columbia it is estimated that three percent of students have a learning disability (Supporting Students with Learning Disabilities: A Guide for Teachers, Sept 2011, BC Ministry of Education). The Learning Disabilities Association of Ontario notes that estimates of children who have a learning disability range from 2% to 10% (Learning Disabilities Statistics). This range is affected by the definition of "learning disability". There is no definition that is widely accepted and so there is no agreement as to whether certain conditions are included in the category of "learning disability". Regardless of the numbers, Moore notes that, "adequate special education ... is not a dispensable luxury." [para 5] In fact, Abella, J. says that it is a "ramp" into the legislated commitment to educate all children, [para 5]

Moore was heard under section 8 of the British Columbia Human Right's Code. The case considered whether the "service" that Jeffrey had been denied was...