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Invisible needs count

If they say: We just don’t see the need for those supports.

Say: My child’s needs may be internal or masked, but a documented disability still requires support. Visibility doesn’t determine the right to accommodation.

Legal grounding: Diagnosed or perceived disability triggers the duty to accommodate, regardless of how needs present.

This entry draws from Kim Block’s Part 2(A): Duty to Accommodate – Discrimination Test, which explains that legal protection applies even when a child’s disability is invisible or internalised. Schools cannot use the absence of external struggle as a justification to withhold support. What matters under law is the presence of a disability and a connection to adverse impact—not whether adults are able to observe it during the school day.

Key takeaways

Support is owed even when struggle is masked
Children who internalise distress—especially autistic, anxious, or high-masking students—may appear composed at school while unravelling later. Accommodations must still be provided.
Diagnosis activates the duty regardless of presentation
Once a disability is documented, the duty to accommodate applies whether or not the child exhibits obvious signs. The school’s obligation is based on need, not visibility.
The Code protects invisible disability
Human rights law recognises that mental and physical disabilities do not always manifest in dramatic or disruptive ways. Schools must avoid equating quietness or compliance with wellness.