A Nova Scotia mother says her son was denied his right to an education when he was told to stay home from school for two weeks due to behavioural challenges related to his autism spectrum disorder.
Sara Mullins is a working mom of three. Her youngest son is Nash Daye, a Grade 3 student at Millwood Elementary School in Middle Sackville, N.S.
Nash, 10, is on the autism spectrum, has ADHD, a learning delay and kidney disease, all of which contribute to a series of developmental and behavioural concerns, according to his doctors and specialists.
Mullins said he receives one-on-one support at school but has a habit of eloping — a common instinct among autistic kids to wander away from secure locations — when he gets overwhelmed or overstimulated. That behaviour ultimately led to Nash being told to stay home from school.
When he leaves school property, it becomes a safety concern and the school’s administrators have to run after him.
Mullins said when this happens, she gets a phone call asking her to come pick him up. She said the calls have become more frequent since March, and she often has to leave her job in the middle of the day.
“They don’t have the people or the structures in place for kids, especially with [an] autism diagnosis. They don’t,” said Mullins.
On May 5, Nash was suspended for 2.5 days due to an eloping incident.
‘It is imperative that he remains safe while at school’
According to the principal’s incident report that Mullins provided to CBC News, the boy wandered about three kilometres from school property. Once the principal was able to catch up with him, she reported that he became aggressive — yelling at her and hitting her.
Mullins appealed the suspension, but it was upheld.
Later that month, on May 16, Mullins received an email from a school supervisor with the Halifax Regional Centre for Education (HRCE) stating that Nash could no longer attend school “until a plan is put in place to ensure his safety and that of the staff.”
“We understand that Nash may have neurodivergent issues that contribute to his behavior. However, regardless of any underlying conditions, it is imperative that he remains safe while at school,” said the letter.
“There’s no ‘may’ in it,” said Mullins. “We have thousands and thousands of pages of paperwork to support his diagnosis, so the fact that that wording was even used just really reiterated to me that they don’t care.”
CBC News requested an interview with HRCE, and also asked if an interview could be arranged with the school’s principal, but those requests were declined due to confidentiality reasons.
Instead, communications officer Lindsey Bunin provided an email statement.
“In situations where children require additional supports, school-based staff and HRCE specialists … create responsive plans that are constantly monitored and evolve with the needs of the student,” she wrote. “These teams work collaboratively with families to provide safety, support and to develop inclusive solutions.”
CBC News asked Bunin and a spokesperson for the provincial Education Department whether Nash being told to stay home from school was in line with Nova Scotia’s inclusive education policy.
That question was not answered.
The policy, in place for all public schools across the province, states “every student, including those with special needs, should receive full-day instruction every day, with flexibility based on the student’s individual strengths and challenges.”
Stephanie Carver, president of Inclusion Nova Scotia, does not believe the policy was upheld in this situation.
“Inclusive education means everybody’s included in the regular classroom setting,” she said. “So any time that any child is excluded, removed from the setting in a way that is punitive or that shows weakness in the system, that is not inclusive education.”
Mullins believes that staff at Nash’s school should have the resources and training to keep him in the building.
“If you don’t fit within a certain cookie cutter, or you can’t mask your behaviours to get you through the day, they have no tolerance or patience for it,” she said.
Mullins said Nash was ultimately allowed to return to school after two weeks at home, because someone from the Education Department intervened.
In a recent meeting with HRCE, school staff and IWK specialists, Mullins said, she was told Nash can remain in school, but someone must be on standby at all times to pick him up if or when he takes off.
“For the most part, my work is pretty flexible around it. But at one point or another, they’re going to say enough is enough, right?” said Mullins. “I have a real fear that I’m going to lose my job.”
Carver said not only does this plan put a parent’s job in jeopardy, but repeatedly removing a child from school will create a sense of segregation and exclusion among the child’s peers.
“It will become increasingly harder for that child to be reintegrated into the school setting the more that they are removed,” said Carver.
A representative from Autism Nova Scotia was not available for an interview, but spokesperson Alissa Lysack said in an email that situations like Nash’s are not unique.
Lysack said the organization “regularly hears from families whose children are excluded from school due to disability-related behaviours like eloping or dysregulation.”
“We need meaningful changes in classrooms, increased training for educators and access to appropriate behavioural and mental health supports in every school,” she wrote.
Next steps for Nash
Mullins recently applied for an out-of-area transfer that would allow Nash to attend a school closer to her workplace.
She hoped this would make it easier for everyone involved, if and when she’s asked to pick him up from school.
However, she said the request was denied because that school is at full capacity.
Mullins has also filed a human rights complaint against the HRCE, and was notified last week that her complaint is in the queue and will be assigned to a Nova Scotia human rights officer.
“The province as a whole is failing kids like mine,” said Mullins. “They have as much right as I do, as a neurotypical person, to be out in society. But instead they’re expected to be left at home, left with a sitter, doing partial days, getting a half education. It’s not right.”
