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Remove wiggle room

If they say: We need a formal diagnosis before we can move forward.

Say: We’re pursuing diagnosis, but needs are already present—and the school is aware. That’s enough to trigger duty under the Human Rights Code.

Legal grounding: Diagnosed and perceived disabilities are both protected. Schools must respond to need, not just formal labels (Silzer, BCHRT 237).

This entry is grounded in Kim Block’s Part 2(A): Duty to Accommodate – Discrimination Test, which clarifies that a diagnosed disability establishes a child’s protected status under the Human Rights Code. While schools have an obligation to act on suspected disability, a formal diagnosis removes ambiguity and strengthens the parent’s legal standing. It takes away any room to claim that the school simply didn’t know.

Key takeaways

Formal diagnosis confirms protected status
A documented mental or physical disability satisfies the first part of the legal discrimination test. Once shared, the school can no longer deny knowledge of the child’s need for support.
The duty to accommodate becomes non-negotiable
With documentation in place, the school is “locked in”—they must begin meaningful inquiry, identify barriers, and provide supports unless they can prove undue hardship. There is no longer any leeway to delay or minimise.
Schools cannot plead ignorance after diagnosis
When a diagnosis is submitted, the defence of unawareness no longer applies. The legal requirement to accommodate is active, and tribunal precedent recognises that dismissing or ignoring documented needs constitutes discrimination.