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ARTICLE

Another Step Forward in Removing Barriers (Disability Issues)

Christine Brown
Spring 2011

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One of the biggest challenges ETFO provincial and local offices face is convincing members with disabilities to come forward and request the accommodations they need. Sadly, the prevailing culture in schools and in our broader society does not always foster this kind of disclosure. A new regulation to be added to the Accessibility for Ontarians with Disabilities Act (AODA) will help change that. It will become a major focus for educating everyone who works in education about the importance of removing barriers. The draft Integrated Accessibility Regulation (IAR), the latest chapter in the lengthy saga of the AODA, was posted for public commentary last month. The remaining step is for the final regulation to be enacted. While predictions are always risky, it is possible that this will happen in a matter of months. The IAR covers three areas: information and communications, employment, and transportation. An earlier regulation governing customer service is already in effect. As a school board employee, you will have received mandatory training in 2009 on the requirements of that regulation. What changes can we expect in how school boards handle information and communications? Only the final version of the regulation will tell us precisely, but based on the posted draft here are a few likely possibilities.

  • Board websites will become more accessible to those with visual impairments, learning disabilities, and other disabilities.
  • Boards will make educational and training materials available in accessible formats.
  • Student records and information on program requirements will be made available in accessible formats.
  • Libraries will begin to provide accessible versions of print, digital, and multimedia resources.
  • Boards will develop plans to provide staff with accessibility awareness training.

What about changes to board employment practices?

  • Throughout the recruitment, selection, hiring, and promotion processes, employers will ensure that potential and actual employees are aware that job accommodation measures are available.
  • Boards will develop detailed written procedures to govern individual accommodation plans for employees with disabilities, procedures that protect employee privacy and permit employees to request their union’s assistance in crafting their plans.
  • Boards will be required to take into account employees’ accessibility needs when conducting performance reviews.

Some of these obligations overlap with existing requirements under other statutes. However, what is different about this law is that organizations that serve the public must become highly proactive in their approach to accessibility. The IAR was five years in the making, and none of its fruits will materialize overnight. Once the regulation is finalized, its various components will be phased in over the next few years. If this sounds like a snail’s pace, it is – as the disability activist community has been pointing out for some time. But the long-term impact will be transformative. An excruciatingly slow process, yes, but definitely worth the wait.