No IEP, No Support?: A Student's Right to Accommodations

 

Parents across B.C. are being misled. Families are told that their child cannot receive support unless they have an IEP. That accommodations are only available to students who qualify for an inclusive education category. These claims are not just false. they are discriminatory and violate the BC Human Rights Code.

Accommodations are not tied to an IEP. They are tied to disability. Disability is a protected characteristic under the BC Human Rights Code, which means that when a student has a disability that affects their ability to access education, the school system has a legal duty to accommodate them. That duty includes removing barriers that prevent the student from participating in and benefiting from their education. This responsibility does not begin with the creation of an IEP, and it certainly does not end if an IEP is removed. The threshold is not a designation or a funding code; it is the presence of a disability.

The Ministry of Education’s inclusive education funding categories are narrow and outdated. They exclude many students with real and significant needs, including those with mental health diagnoses such as anxiety, depression, and ADHD. But human rights law does not exclude these students. The legal obligation to accommodate applies broadly and is not defined by ministry categories.

The Human Rights Code requires schools to accommodate students to the point of undue hardship, and that is a high bar. It is not about convenience. It is not about whether a teacher agrees or teacher autonomy. It is not about whether the district receives additional funding. Accommodations are a matter of legal and ethical obligation. They are non-negotiable.

Yet across the province, school districts continue to use the IEP as a gatekeeping tool. Students who do not qualify for a funding designation are often denied accommodations altogether. Parents are told their child must fit into a category to receive support. This is a systemic failure that reflects a deeper problem. Schools are relying on funding formulas to determine access instead of centering students' rights. While funding reform is urgently needed, families must understand that their rights are not dependent on ministry dollars.

Even more troubling, some families are told that if their child’s IEP is removed, all support will be withdrawn. This is not just misinformation; it is a violation of human rights. Removing an IEP does not erase a student’s disability. It does not remove the school’s duty to accommodate. It does not eliminate the child’s right to access, dignity, or belonging. If a school or district threatens to withdraw support based on IEP status, they are prioritizing institutional convenience over student rights.

Accommodations are not a favour. They are not a reward for compliance. They are not conditional on behavior or labels. They are a legal right. Denying accommodations is not just limiting a child’s learning; it is denying them access to public education. It is a form of exclusion that tells children they do not belong unless they can meet expectations that were never built for them.

Too many families are being forced to navigate hostile systems just to have their child’s needs recognized. This must change.

Every child deserves an education that honours their rights and meets their needs. Inclusion is not about labels. It is about access. It is about building environments that adapt to the learner, not demanding that the learner adapt to the environment. When we fail to meet this standard, we are not just failing individual students, we are failing the very purpose of public education.

So let’s be clear. Your child does not need an IEP to be supported.

If your child has a diagnosis, make sure the school has documentation of that diagnosis, and then request accommodations that are appropriate for their needs. The school is legally obligated to provide those accommodations, and they can document them outside of an IEP.  

If your child is on a waitlist or there is reason to believe they may have a disability, the duty to inquire applies. This means schools have a responsibility to investigate potential needs. They cannot simply wait for a student to ask for help. They must observe, respond, and act.

This is especially important for disabilities that are less visible, like mental health conditions, or for students who may not be able to identify their own needs. The duty to inquire helps address the implicit barriers that prevent students from accessing support.

What we need is a system that is not only aware of these obligations but willing to uphold them.

And when that system falls short, we must speak louder.

Because every disabled child matters, not just those who fit neatly into a well-defined category.

Education is a right. Equity before equality.