Éditorial
At risk in French school
The Gazette 23.6.01
Montreal lawyer Brent Tyler filed his final motion Thursday in a landmark class-action lawsuit against school boards and the Ministry of Education. Acting on behalf of Alliance Quebec, Mr. Tyler is seeking a court order forcing school boards to deal with the cases of several thousand children whose first language is not French and whose first or second language is English. Many of them have developed serious learning disabilities within the French-language school system.
This is no frivolous exercise. Mr. Tyler is simply tying to enforce the provisions of the French Language Charter.
Section 81 of the charter allows a child with a demonstrated learning disability in French (recognized if the child is two or more years behind his or her normal grade level) to obtain an exemption to attend English school. At the Commission Scolaire de Montreal alone, there may be more than 2,000 children eligible for such a transfer.
The Quebec government itself has admitted that many non-francophone children required to attend French schools under the Charter of the French Language are faring poorly and are unable to keep up with their age group.
In a submission to UNESCO in 1997, Quebec acknowledged serious shortcomings in the adaptation of such children to language programs. Of those who entered elementary schools between the ages of 6 and 11 and entered classes d'acceuil, 37 per cent were keeping up, 40.2 per cent were one year behind and 22.8 per cent were two years behind. The situation was even worse for those arriving in secondary schools; after five years of study, an astonishing 95 per cent had fallen behind by one year or more.
Compounding the problem has been the reluctance of French-language school boards to deal with these cases or even inform parents of their right to a transfer.
The exemption in Bill 101 has existed since the law's inception, acknowledging the fact that some children simply will not adapt well to French. The law requires boards to inform parents of their rights, order an evaluation by a psychologist and help children who have fallen behind apply for a transfer.
But school boards seem to have actively discouraged use of the exemption, either by telling parents they are not eligible or by trying to fudge the facts.
Two families Mr. Tyler is representing illustrate the problem. Both had trouble getting school authorities to give their kids a psychologist's evaluation.
Lionel Sacker, who turns 15 next month, is three years behind what should be his normal grade level at Ecole Pierre Dupuy. Lionel began his schooling in Ghana in English, which was his second language. He hasn't been able to manage the switch to a third language, French, and is growing increasingly unhappy in school. (His two younger siblings, who started school in Quebec, have had no problems.)
Marcia Samuels's two sons, Kadeem, 10, and Akeem, 8, are both two years behind their grade level at Ecole St. Pascal Bylon. (By contrast, Ms. Samuels's oldest son has done well in French school.)
In these two cases, it took a threat of legal action by Mr. Tyler to finally convince the CSDM to get working on transfers. But there may be thousands of other children who aren't getting help and whose parents don't know their rights.
It shouldn't take a lawsuit to convince school boards to apply the law, identify children at risk and do what is required to help them. It's urgent to correct this problem now.

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