Lawsuit alleges Alberta government discriminating against students with disabilities
Statement of claim says students Charter rights breached without access to in-person supports
A group of Edmonton parents is suing the provincial government over access to education for their children with disabilities who can't go to school normally during the education support workers strike.
Members of CUPE Local 3550 who work in Edmonton Public Schools have been on the picket lines for nearly three weeks. Their ranks include educational assistants who support children with disabilities or complex medical needs in the classroom.
The four named plaintiffs in the lawsuit each have a child whose school routine has been disrupted while EAs are off the job.
They include a Grade 6 boy with autism who no longer has access to specialized classroom supports and a Grade 5 girl with a mental and physical disability who hasn't been able to attend school at all since Jan. 10.
A statement of claim, filed Friday, alleges discrimination by the government against children with disabilities, and a breach of their Charter rights.
It says the students are unable to learn at home and "will regress and have regressed developmentally when removed from a structured, in-person learning environment, as offered to their non-disabled peers."
The allegations have not been proven in court.
According to an Edmonton Public Schools spokesperson, the district currently has 926 students learning at home and 2,214 students on a modified schedule, rotating between time at school and home.
Education Minister Demetrios Nicolaides issued a ministerial order this month granting Edmonton Public Schools an exemption from in-person learning regulations.
In place until the minister revokes it or the strike is over, it states that schools don't have to provide in-person learning options for students that need an EA "due to complex needs where the continued attendance of those students at in-person learning may risk the health and safety of the student or other students or staff."
Lawyer Orlagh O'Kelly said in a statement that the order makes "an explicit and flagrant distinction" based on the students' disabilities.
The lawsuit says the order is unlawful, and seeks an injunction to suspend it. The legal action also alleges government funding decisions and policy that affects the collective bargaining process are having a disproportionate impact on children with disabilities.
In a statement, Education Minister Demetrios Nicolaides said it would be inappropriate for him to comment, since the matter is before the courts.
No statement of defence has been filed yet in the case.
Union, school board publicly at odds
CUPE Local 3550 and Edmonton Public Schools have been in bargaining talks this week, but on Friday, the union accused the school board of bargaining in bad faith.
In a letter released Friday, a CUPE legal representative took issue with communication sent to employees and parents, including a letter school superintendent Darrel Robertson distributed to families earlier in the week. It describes a "comprehensive offer" that the school board recently presented.
"Unfortunately the local continues to focus on wage increases that far exceed the division's ability to pay," the Jan. 29 letter from Robertson says.
CUPE responded that the union considers the communication "misleading and an attempt to circumvent the union as the exclusive bargaining agent of employees."
CUPE Alberta president Rory Gill said Friday that the school board is presenting "distortions" about what's happening at the bargaining table.
"We have asked the Labour Board, formally, to tell them to cease and desist these activities and focus on bargaining so we can get a deal and get our folks back into the schools educating and taking care of kids."
An Edmonton Public Schools spokesperson told CBC News in a statement that they are "disheartened" at the union's response, and they are committed to reaching a new agreement.
"We are committed to continuing to communicate with staff, in good faith, so members have the information they need about the status of negotiations. What we shared earlier this week is transparent, accurate and within our legal authority."
Educational support workers are also on strike in Fort McMurray and in the Sturgeon Public School Division.
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