Parents of deaf child face latest battle in fight for ASL in schools

Parents fighting for the education of their deaf son say the province is spending $400 an hour to defend itself against a human rights complaint.

The findings are the latest in a battle between the couple and the Newfoundland and Labrador English School District. Todd and Kimberly Churchill filed the complaint last year after learning their eight-year-old-son, Carter, wasn't learning American Sign Language (ASL) in his school.

Carter has cerebral palsy and is deaf and non-verbal, and uses ASL to communicate.

Todd found out about the spending after filing an access-to-information request.

"I was curious to know how much of my own taxes are actually being used against me to fight and justify a system that continues to discriminate against my own son," Todd Churchill said. "I did find out that the lawyer for the English School District bills out at a substantial $400 an hour… That's $3,200 for a standard, eight-hour day."

The couple also recently received a letter from the NLESD, saying that Carter was learning ASL in the classroom.

"As you are aware, your child is currently learning American Sign Language at school and as such, it is important to determine growth in their skillset," a section of the letter read. 

But Kimberly Churchill calls the idea that Carter is learning ASL "the furthest thing from the truth."

"I was immediately floored at that letter," Kimberly said. "It demonstrated and proved to me exactly how ignorant the [NLESD] is, as well as the Department of Education. Because anyone who's been following our son's story knows abot what's happening with his education process, and these people... definitely know what's happening… These children are not being taught American Sign Language."

Not all signing is ASL

According to Kimberly Churchill, Carter's teachers are not using American Sign Language, but a different technique of sign language known as SEE, or Signing Exact English.

ASL is its own language with its own grammar, whereas SEE strives to be direct translation of English. Churchill makes the argument that as Carter's first language is ASL, it is harmful to deny him that in favour of signed English.

Todd Churchill said the lack of ASL in the classroom is impacting Carter mentally, along with his education. 

"Right now Carter is in a classroom, surrounded by hearing classmates," Todd said. "None of those classmates can communicate with our son, because they don't speak his language."

"[It's like] if a parent has a hearing child in their classroom all day, and say the teacher decided tomorrow they're going to start teaching them Russian," Kimberly added. 

In response to the letter sent by the NLESD, Kimberly wrote an open letter to Education Minister Brian Warr highlighting the issues facing Carter and other deaf children in the province on Facebook.

The couple also wrote to Warr earlier last year, asking to be involved in the province's steering committee and help address the issues facing deaf students. However, their spot at the table was declined.

"While we don't have a seat at the table for a committee that will be making decisions for my child, organizations such as [the Atlantic Provinces Special Education Authority] are on that steering committee. And APSEA is based in Halifax, they have their own issues in their own jurisdiction," Kimberly said. 

Warr and the Department of Education would not comment on the matter when contacted by CBC News, citing privacy concerns.

Looking toward the future

As Carter makes his way through primary school and enters Grade 4, Kimberly Churchill said the window for Carter to learn ASL in school is closing.

"At a time when our child is desperate to learn a language, the window on him learning his language is so narrow right now," Kimberly said. "We have about a year left of that. And if he doesn't learn it within that timeframe, than his academic success and being able to thrive is going to be questionable at best."

The Churchills say they want to meet with Warr face-to-face, and hope the open letter will kick-start conversation once again.

They have also extended meeting invitations to Liberal leadership candidates Andrew Furey and John Abbott, so they can educate the hopeful politicians more about the issues surrounding the province's deaf children before one of them heads to Confederation Building as the new Liberal leader.

 "There's a lot of pieces that are missing to this puzzle," Kimberly said. "There's so much more missing out of this."

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