Reference no: EM133809654

Question 

Breach of Statutory Duty: Another tool the Court can use to direct the provision of therapies by governmental bodies is finding a breach of a statutory duty. Such was the case in Hewko v. British Columbia (Attorney General), 2006 BCSC 1638, a decision of the British Columbia Supreme Court. The case involved a kindergarten student with autism. ABA-IBI therapy had been effective for the student at home. When the boy began school, the school district provided the student with a teaching assistant with limited experience in autism or ABA-IBI. The student was ultimately removed from school by his parents because he was, in their view, out of instructional control. The school district subsequently decided that the student should be placed in a resource room with a special education teacher experienced in autism, a placement which the child's parents were not in agreement with. As in Auton and Wynberg, the plaintiff's Charter breach claims were unsuccessful. It was held by the Court that there existed an 'infrastructure gap' such that there were not sufficient trained educators to provide services to all autistic children in the public school system. The Court further ruled that the plaintiffs had failed to establish discrimination. provide me ans according to this why its related.