ADHD and autism accommodation at school
in Ontario
Is your child with ADHD or autism getting the support they need to learn? Information for Ontario parents on school accommodation, IEPs and human rights, with advice online by video or phone.
Initial consultation free for employment and human rights matters.
In Ontario, students with disabilities, including ADHD and autism, are protected by the Human Rights Code. Schools and school boards have a legal duty to accommodate a student's disability-related needs, up to the point of undue hardship, so that the student has meaningful access to education. This duty sits alongside the special education process under the Education Act, and the Code takes precedence where the two conflict.
What we can do for you
Records review
We read the IEP, reports and correspondence and explain how the Code may apply.
More about education law →Meeting preparation
We help you prepare for IPRC or IEP meetings and set out what to ask for in writing.
More for students and parents →Human rights options
We explain the Tribunal process, its time limit and what an application involves.
How a consultation works
You book
Choose a time online, or email us. You don't need any documents yet, and nothing you send at this stage is a commitment.
We run a conflict check
A lawyer can't act for both sides of the same dispute. So before we hear the details, we confirm we haven't acted for the other party, such as your employer or the school. It's a short check, and we email you as soon as it's done.
Your consultation
By video or phone. You tell us what happened. We listen, then explain your options in plain language. Ask anything.
You decide
If you'd like more help, we explain the cost before any work starts, in writing. If not, there's no obligation and no charge.
What the duty to accommodate means at school
The Ontario Human Rights Commission's Policy on accessible education for students with disabilities (approved in 2018) explains how the Code applies in education. It covers publicly and privately funded schools, from early childhood programs through secondary school, as well as colleges and universities. Accommodation should respect the student's dignity, be individualized, and support inclusion and full participation.
The policy also says the duty to accommodate applies whether or not a student has been identified through an IPRC or has an Individual Education Plan. The Code's definition of disability is broader than the Ministry of Education's categories of "exceptional pupils", and the Commission gives ADHD as an example.
The Moore decision
In Moore v. British Columbia (Education), 2012, the Supreme Court of Canada considered a student with a severe learning disability whose school district closed a program that had given him the support he needed. The Court held that adequate special education is not a "dolled-up" benefit but the way students with disabilities get meaningful access to the education available to everyone. The comparison is with the general student population, not only with other students in special education. Budget pressures can matter, but a provider is expected to look at alternatives before cutting support.
IEPs and IPRCs
Under the Education Act, an Identification, Placement and Review Committee (IPRC) can decide whether a student is "exceptional" and recommend a placement. An Individual Education Plan (IEP) sets out accommodations, any modified expectations, and the supports the school will provide. Parents can take part in the IPRC process, and there are appeal routes for identification and placement decisions. An IEP can also be prepared for a student who has not gone through an IPRC.
An IEP is a working document. Families often ask for a meeting when the plan is not being followed, when supports have been reduced, or when the student's needs have changed.
- Accommodations such as extra time, breaks, a quieter space or assistive technology.
- Access to an educational assistant or other support staff.
- Transition plans, including moves between grades or schools.
- Behaviour or safety plans, and how they are used in practice.
Documentation and the accommodation process
Accommodation is a shared process. The school may ask for information about the student's needs and limitations, and families are expected to cooperate in providing it. The OHRC policy says the focus should be on the student's needs, not on a particular diagnosis. Schools are expected to respond to requests in a timely way and to consider options, not only the first one offered.
Keeping a simple record helps: copies of the IEP and reports, emails with the school, and notes of meetings, including any days the student was sent home early, kept on a shortened day or asked not to attend.
If the issue is not resolved
Many concerns are settled through meetings with the teacher, the principal or the board's special education staff. Where they are not, a family may consider a complaint to the school board, the Ontario Ombudsman (which accepts complaints about public school boards), or an application to the Human Rights Tribunal of Ontario. An application to the Tribunal generally has to be filed within one year of the last incident of discrimination.
The right route depends on the issue, and some routes have their own deadlines. A lawyer can review the records and explain the options. Consultations are online by video or phone, across Ontario. Fees are explained before any work begins.
Related: Education · Students and parents · Filing an HRTO application (guide)
General information, not legal advice. Last reviewed: October 2026 · Lutfi Law
Common questions
Still unsure? Our assistant can answer general questions any time.
Ask the AI assistantDoes my child need a diagnosis to get accommodation?
The OHRC policy says the focus should be on the student's needs and limitations rather than a specific diagnosis. The school may still ask for information that supports the request.
Does my child need an IEP to be accommodated?
No. The OHRC says the duty to accommodate applies whether or not a student has an IEP or has been identified by an IPRC.
Can a school shorten my child's day or send them home because of their behaviour?
Exclusions and partial days linked to a disability raise human rights questions. Whether one is lawful depends on the facts, including what accommodations were tried. Keeping a record of each day affected is helpful.
Is there a deadline to file with the Human Rights Tribunal?
Generally, an application must be filed within one year of the last incident. Late filing is allowed only in limited circumstances.
How much does advice cost?
Fees are explained before any work begins.
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