Buckle up and grab a snack, this first post is a long one but an important one. Below you will see my official Witness Statement from my current Human Rights case. This was written by me and is my personal account of how things started such as my Dyslexia diagnosis, and where things went in my grade 9 and 10 years and beyond. It details the difficulties I faced, the struggles I went through, and the success I found.
Use the drop-down menu to read about my grade 9 and 10 years and the failures of my former school and school board.
Victoria Jones v. Former School Board
HRTO File No. 2016-25164-I
September 21, 2022
Page 1 of 19
STATEMENT OF VICTORIA JONES
It is anticipated that Victoria Jones will provide the following testimony at the Hearing in this matter scheduled to take place October 5–7 and 12–14, 2022:
Witness Statement to be Adopted
1. I intend to adopt the contents of this Witness Statement under oath during the Hearing of this matter. I reserve the right to provide additional oral evidence and answer any questions my legal counsel asks of me.
Background
2. I am the applicant in this matter.
3. On August 3, 2016, my family and I commenced this Application. At this time, I had recently completed Grade 10 at my former high school, which is part of my former school board.
4. My family and I filed this Application because I was not receiving the accommodations and the support I needed from my former school board.
My Learning Disability-Background
5. From a very young age, I exhibited difficulty with reading, writing, and mathematics. 6. I began completing assessments for possible learning difficulties around the age of seven. At this time, I was struggling in class with skills like reading and spelling, and a teacher mentioned this to my parents. 7. The assessments done by various professionals since the age of seven have confirmed my learning disabilities related to reading, writing, and math. 8. My first psychological evaluation took place on February 27, 2007, when I was less than a week away from turning seven years old. I was assessed by Dr. Aileen P. Utley (“Dr. Utley”), who was at the material times a psychologist licensed to practice in the states of Kansas and Missouri. Dr. Utley’s assessment included administration of the Wechsler Intelligence Scale for Children-IV and subtests thereunder. Dr. Utley found that “[my] Standard Scores in reading and spelling are not commensurate with [my] ability.” 9. On January 28, 2010, I was assessed by Dr. Utley again, and this assessment again included administration of the Wechsler Intelligence Scale for Children-IV and subtests thereunder. Dr. Utley noted that Victoria's achievement in Reading and Arithmetic is below her verbal abilities (a better predictor of her academic achievement than the Full Scale IQ), although she is above grade level in both subjects. As compared with her Verbal Composite Score or her Full Scale IQ, Victoria evidenced a significant discrepancy in her Spelling achievement. This discrepancy is above that required to diagnose a Learning Disability in this area and she will continue to require additional assistance with written language.
10. On December 17, 2017, I was assessed by Dr. Deborah Reitzel-Jaffe (“Dr. Reitzel-Jaffe”), who was at the material times a psychologist licensed to practice in Ontario. This assessment was required because, when I enrolled at my former elementary school, which is part of the school board, my parents were told that I needed to have a psychoeducational assessment administered in Ontario.
11. Dr. Reitzel-Jaffe’s assessment included administration of the Wechsler Individual Achievement Test, Third Edition (“WIAT-III”). Dr. Reitzel-Jaffe noted my difficulties with reading and writing and also identified struggles “with fluency of basic math facts”, which Dr. Reitzel-Jaffe stated was “an area to target for remediation.
12. Dr. Reitzel-Jaffe ultimately concluded that “[my] profile is consistent with a diagnosis of a Learning Disability”:
Victoria's cognitive abilities were assessed in early 2010 by Dr. Aileen Utley. The results of that assessment indicated a Full Scale IQ score at the 77th percentile in the high average range with the following Index scores: Verbal Comprehension Index at the 90th percentile, Perceptual Reasoning Index at the 55th percentile, Working Memory Index at the 61st percentile and Processing Speed Index at the 66th percentile. Because of the significant and meaningful difference between the Verbal Comprehension Index and the Perceptual Reasoning Index which occurs in only 9% of the normed sample group, it is most relevant to view Victoria's Verbal Comprehension Index as the score that best reflects her overall cognitive abilities. Although Victoria's academic skills generally fall in the average range, a significant gap exists between her cognitive ability level and her skills particularly in the composite areas of Basic Reading, Written Expression as well as in Math Skills. When these relative deficits are coupled with processing deficits in the area of Executive Function as well as Phonological Memory, it becomes dear that Victoria's profile is consistent with a diagnosis of a Learning Disability. Because of this it is recommended that formal identification of Victoria as a student with a Learning Exceptionality take place at the school level. As well continued review and development of an Individual Education Plan is recommended to offer ongoing support as Victoria moves forward academically.
13. On that basis, Dr. Reitzel-Jaffe made a number of recommendations to “the school team” in order to accommodate me and “support [my] academic progress.”
14. On October 17, 2014, at my mom’s request and in connection with seeking accommodations for me at my former high school, Dr. Reitzel-Jaffe provided a Psychological Assessment Report Addendum. Dr. Reitzel-Jaffe stated that terms dyslexia and dyscalculia as defined in the DSM-5 were both “consistent with [my] presentation when assessed.”
15. Dr. Reitzel-Jaffe also noted that I “presented as a very bright girl who was underachieving in the areas of reading, writing and mathematics due to deficits in phonological memory and executive function.”
16. My learning disability does not mean I have low intelligence, and it does not mean I am incapable of learning and being successful in both a school setting and in my future.
Seeking Accommodations at my former high school – General Background
17. The school board recognized that I do, in fact, have a Learning Disability, and an Individual Education Plan (“IEP”) was developed for me in accordance with the school board’s Special Education Plan.
18. The Special Education Plan sets out the school board’s role, obligations, and fundamental guiding principles when accommodating students like me. This is a lengthy document, but some of the key parts are as follows:
a. The school board commits to “Keeping the needs of all students at the forefront during the decision making process” and “Seeking input and communicating effectively with parents in a transparent and timely fashion”. b. They also commit to “Providing access to resources, technology and experiences that meet students' strengths and needs”. c. The school board’s position regarding the provision of Special Education includes the statement that “Programs shall be designed to assist exceptional students with special needs to develop their maximum potential”. d. They also commit to “Use evidence-informed practice” and “Collect data to evaluate success criteria”, as well as to provide “Timely and individualized interventions” and “Reflect student and parent voice in the intervention process”. e. The school board espouses a number of Guiding Principles, with the first being that “All students can succeed”. f. The school board commits to “Update the IEP as appropriate” and to provide parents with the “a copy of the assessment report” when a WIAT-III is administered to their child. g. The school board explicitly refers to dyslexia under the broader category of Learning Disabilities. 19. Ultimately, the school board makes the following to its students and their families, including me and my family: “All students in our schools, regardless of background or ability, will have the opportunity to develop the skills, attitudes and knowledge required to live up to their full potential.” 20. I reasonably expected that the school board and school would treat me in accordance with these principles and would do everything possible to ensure that I maximized and realized my full potential—which my medical professionals have all noted was greater than my academic output. 21. However, the words and actions of administrators and staff at the board and high school made it clear to me that they believed my family and I should be content with my average performance (which, in the case of some school subjects, was barely average).
My Grade 9 Year at My Former High School
My Grade 10 Year and My Former School Board's Failure to Accommodate
The Gow School
The Impact of my former school board's Failure to Accommodate
86. It is difficult for me to put into words how the school board’s failure to accommodate me has made me feel. Even now, I find it upsetting to see the the board documents talking about how “[a]ll students in our schools, regardless of background or ability, will have the opportunity to develop the skills, attitudes and knowledge required to live up to their full potential.” I never had this opportunity, which was denied to me for no other reason than the fact I suffer from a Learning Disability.
87. I wanted to live up to my full potential at my former high school. I tried my hardest to do so, but this proved impossible with little-to-no support from the professional educators who should have helped me develop and maximize my skills, attitudes, and knowledge.
88. During my Grade 9 and Grade 10 years, I was at the lowest emotional point that I have ever experienced in my life. The school board not only failed me, but they failed my family. There was often fighting and arguing about me, to the point that our home life at times felt downright toxic. My entire family was suffering and I wanted to make it better, but I was helpless to do that.
89. The school board’s failure to accommodate me resulted in me struggling every day at school, and made me feel like I was stupid every single day. I felt worthless, as if I was not good at anything I tried to do, and like I was just a nuisance to my former high school's teachers and staff.
90. Teachers would treat me differently; they would be annoyed by me in front of other students, which was humiliating. The fact that my former high school and school board were not interested in providing me with the proper support I needed, after the Grade 9 year in which I was obviously struggling academically, was very discouraging.
91. As a result, I was unable to trust the educators who I had hoped would care about my success and my future; the reality is that I felt like most staff and teachers did not care about me.
92. There were many things I was told in my Grade 10 year, like that I was “not trying enough”, or that the solution was “maybe switch classes”. This made me feel like I lacked the intelligence to succeed—which, even though I knew deep down was not true, I began to believe.
93. Had I listened to what the high school and school board was telling me by, for instance, transferring to Applied math, I would not have been able to take the university math I needed (and in which I received ‘A’ grades) to complete my Education Degree. Had I agreed to switch to Applied math, I would not have my degree in psychology and I would not be studying to become an educator.
94. This is just one of the many examples of how the school board’s failure to accommodate me risked thwarting my success and not allowing me to reach my full potential—and, ultimately, my life goals.
95. My experience at my former high school caused me anxiety, stress, and self-esteem issues. Every day, I felt like they did not care about me, my grades, my mental health, or my future. They spoke to me and treated me like I was doing fine “for a kid like me”—the words of the resource teacher in Grade 9.
96. It was heartbreaking to realize that the school board did not have my best interests in mind and was not going to provide me with the opportunity to maximize my potential that the school board so proudly advertises.
97. Gow gave me that opportunity, but at a financial cost that my family could not easily afford and struggled to pay. Going away to boarding school was expensive and emotionally difficult—but my former school board made clear that they were not going to support me by accommodating my Learning Disability, and I had no other choice but to go somewhere that would do so.
98. I hope that no student ever has to feel the way I did during my two years at my former school board. For that reason, this matter continues to be important not only to my family and me but also for students like me, who I hope will see that they are not stupid or worthless simply because they are not receiving the accommodations they need to thrive.
Thank you for reading!
~Victoria