Early in elementary school, your child starts showing signs of anxiety while at school. As they moved into higher grades, their anxiety worsens, and they are eventually diagnosed with Generalized Anxiety Disorder. From that point forward, they are under the treatment of a psychiatrist and take medications to help manage their anxiety. Once your child is in high school, they begin to have even more difficulty at school. They often come home from school exhausted, agitated and upset and their ability to complete schoolwork declines. You email your child’s school counsellor and mention your child’s diagnosis of anxiety and some of the difficulties they are experiencing in school. You mention that due to the anxiety, your child often has difficulty advocating for themselves and may not be able to speak up when they need the teachers’ assistance. You also explain that because of their anxiety they are less able to complete their schoolwork on time and this is worsening their anxiety. You ask if it is possible for your child to have a reduced courseload.
Your child’s counsellor forwards the email to the school principal who replies saying that all students are required to take the specified number of courses. The school does not allow your child to take a reduced course load.
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Yes, your child is experiencing discrimination under the Code based on disability. Your child has been diagnosed with Generalized Anxiety Disorder and is under the care of a psychiatrist, and you have mentioned this to her high school at several points. This anxiety makes school extremely challenging for your child. You mentioned this to their counsellor and even provided ways in which their disability was impacting their school experience. You mentioned that they were increasingly unable to complete schoolwork due to anxiety and that this was making the anxiety worse. You also mentioned that your child’s anxiety made it difficult for them to advocate for themselves and requested a specific accommodation—a reduced course load. Both their counsellor and the school principal were made aware of this situation. There is no evidence to show that providing a reduced course load would have been difficult for the school, it was just simply their policy not to do so. This rule caused harm to your child because of their disability. It would not have caused undue hardship to the school to allow your child to have a reduced course load.
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