Duty to Accommodate

The duty to accommodate persons means accommodation must be provided in a manner that most respects the dignity of the person, if to do so does not create undue hardship. Dignity includes consideration of how accommodation is provided and the individual’s own participation in the process. The Board must consider, assess and accommodate each person individually.

If putting the best solution in place is not possible, or if doing so results in undue hardship, the Board still has the duty to put into place the next-best, a phased-in or an interim solution.
The needs of persons with disabilities must be met unless doing so would cause undue hardship.

Under the Code, the three factors can be considered when deciding whether an accommodation would cause undue hardship are: 1) cost 2) any available sources of external funding or 1) any heath and safety requirements/concerns. The onus of proof of undue hardship lies with the board.

KPRDSB Students and Employees with Disabilities

Disability is a broad term that covers a wide range of conditions. A disability may have been present at birth, caused by an accident, or developed over time. Based on the comprehensive definition of "disability" as defined in Ontario's Human Rights Code, there are almost 8,000 students with disabilities (exceptionalities or special education needs) who received services and supports through their Individual Education Plan (IEP) during the 2021-2022 school year.

It is worth nothing that findings from the Every Student Matters Census (2018-2019) reinforce the negative attitudes, stereotyping and stigma surrounding disability. Only 13% of intermediate students (grades 7 and 8) and 14% of secondary students (grades 9 to 12) self-reported having a disability; and only 10% or parents/guardians answered "yes" to the question: "Do you consider your child to be a person with a disability?"

KPRDSB employees were similarly asked to identify whether they have a disability in the KPRDSB Staff Census that was conducted in 2021-2022. Although the Board's Employee Health Services team serviced a total of 976 employees during the 2020-2021 school year, only 450 employees self-identified as having a disability in the KPRDSB Staff Census (out of 3,702 total responses).

The percentage of employees with disabilities was categorized based on 3 broad types of disabilities (some staff with more than one type of disability):

5% identified as having a physical disability or health condition (e.g., visual impairment, hearing impairment, require the use of a wheelchair or service animal);
6% identified as having a mental health disability (e.g., depression, bipolar, anxiety); and
4% identified as having a learning disability (e.g., dyslexia, attention deficit hyperactivity disorder).

Comparing KPRDSB to Broader Disability Statistics

The percentage of KPRDSB employees (12%) with disabilities is lower than the percentages of Ontario residents (24%) and Canadians (22%) aged 15 years or older with disabilities. The higher proportion of people with disabilities beyond KPRDSB can be partly attributed to age demographics and the increased prevalence of disability among older adults. Individuals 65 years of age or older account for over 40% of all Canadians with disabilities according the 2017 Canadian Survey on Disability. However, only 4% of KPRDSB employees were aged 65 years or older based on the 2021-2022 Staff Census.

It is imperative that we consider disability data and statistics beyond only students, employees and other people with disabilities.

Shifting how we think about Disability

Traditional disability statistics focus on the numbers or percentages of people with disabilities, for example that 6.2 million or 22% of Canadians have a disability. However, for the 78% of Canadians who do not have an identified disability, they can still be affected by disability in different ways.

The wider impact of disability was examined in a 2019 study by the Angus Reid Institute in partnership with the Rick Hansen Foundation. The study found that 86% of Canadians are impacted by disability in some way – either directly affected (24%), affiliated through a family member or close friend with a disability (30%), or concerned (32%) about how disability will affect them in the next 5 to 10 years.

The 2019 data showing Canadians’ relationship to disability better supports the social model of disability which recognizes disability as an evolving concept that “results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others”. In other words, disability is a social construct. In recognizing the social model of disability, the Board's commitment to accessibility is about building environments and creating a culture that benefits everyone, including individuals with disabilities.

The 2019 data also highlights the importance of accessibility by showing how disability does not only impact people with disabilities, but affects almost everyone. Only 14% of Canadians believed that they have no relationship or concerns when it comes to disabilities. While recognizing that 22% of Canadians have a disability, it can be more impactful to also state that disability affects 86% of Canadians either directly or indirectly.