Accommodation Principles

The duty to accommodate means that accommodation must be provided in a manner that most respects the dignity of the person, unless doing so would create undue hardship. Dignity includes consideration of how the accommodation is provided and the individual’s participation in the process. The Board must consider, assess and accommodate each person individually.

• If the best solution cannot be implemented, or if implementing it would result in undue hardship, the Board still has a duty to put in place the next-best, phased-in or interim solution.
• The needs of persons with disabilities must be met unless doing so would cause undue hardship

Under the Code, three factors may be considered when deciding whether an accommodation would cause undue hardship:

1. cost; 
2. available sources of external funding; and
3. health and safety requirements or concerns.

The onus of proving undue hardship lies with the Board.

Students and Employees with Disabilities at KPRDSB

Students with Disabilities

Disability is a broad term that covers a wide range of conditions. A disability may be present at birth, result from an accident or develop over time. Based on the comprehensive definition of “disability” in Ontario’s Human Rights Code, almost 8,000 students with disabilities, exceptionalities or special education needs received services and supports through an 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 in Grades 7 and 8 and 14% of secondary students in Grades 9 to 12 self-reported having a disability. In addition, only 10% of parents and guardians answered “yes” to the question, “Do you consider your child to be a person with a disability?”

Employees with Disabilities

KPRDSB employees were similarly asked whether they had a disability in the 2021–2022 KPRDSB Staff Census. Although the Board’s Employee Health Services team provided services to 976 employees during the 2020–2021 school year, only 450 employees self-identified as having a disability in the Staff Census, out of 3,702 total responses.

Employees with disabilities were categorized according to three broad types of disability. Some employees identified as having more than one type:

1. 5% identified as having a physical disability or health condition, such as a visual impairment or hearing impairment, or requiring the use of a wheelchair or service animal;
2. 6% identified as having a mental health disability (e.g., depression, bipolar, anxiety); and
3. 4% identified as having a learning disability (e.g., dyslexia, attention deficit hyperactivity disorder).

Comparing KPRDSB to Broader Disability Statistics

Why Broader Disability Data Matters

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

It is important to consider disability data and statistics beyond those relating only to students, employees and other people with disabilities.

Shifting how we think about Disability

Traditional disability statistics focus on the number or percentage of people with disabilities—for example, the finding that 6.2 million Canadians, or 22% of the population, have a disability. However, Canadians who do not have an identified disability 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 affected by disability in some way: 24% are directly affected, 30% are connected through a family member or close friend with a disability, and 32% are concerned about how disability may affect them in the next five to 10 years.

The 2019 data on Canadians’ relationship to disability better supports the social model of disability. This model 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. By recognizing the social model of disability, the Board’s commitment to accessibility focuses on building environments and creating a culture that benefits everyone, including individuals with disabilities.

The 2019 data also highlights the importance of accessibility by showing that disability not only affects people with disabilities but also has an impact on almost everyone. Only 14% of Canadians believed they had no relationship to, or concerns about, disability. While it is important to recognize that 22% of Canadians have a disability, it can be more impactful to state that disability affects 86% of Canadians, either directly or indirectly.