13.1	Introduction to Chapter 13

If you are considering attending law school, you should be aware that published figures for full-time tuition at Canadian law schools range from approximately $2500 to $6600 per year. Living costs and other educational expenses such as books, photocopying and student fees are of course additional. Most students finance their post-secondary education through loans, either from the government or private lending institutions, supplemented by summer or part-time employment. It is beyond the scope of this Guide to enumerate all possible sources of funding (loans, scholarships, bursaries, and grants). What follows is a general discussion of things students should be aware of. You will no doubt research funding sources extensively before applying to law school. The Internet is a valuable resource, but your main source will likely be university and faculty of law student aid offices.

Funding was a contentious issue for several of our survey participants. The student who has a disability may incur additional living expenses, such as transportation, attendant care and medical costs that are not covered by government financial assistance programs or by university or community special service providers. The expense of relocating to another city to attend law school can be prohibitive, which further restricts the options of many students. In addition, students who have a disability may be unable to work part-time during the academic term for various reasons, putting them at further economic disadvantage. In any case, some authorities strongly advise all first-year law students to focus on their studies and not have part- time jobs. Even though most law schools and universities have policies in place to recognize the right of all students to equal access for educational opportunities, it is unfortunate that many students are, in reality, barred from full participation because of financial considerations related to their disability.

It is recommended that you begin your search for information about funding by contacting the financial services office of each relevant academic institution. Most university and faculty of law Internet sites provide links to financial information and online brochures are usually the most useful starting points. Information about private scholarships, application procedures, and loan and grant sources is available in the Internet.

If you are applying for a loan or grant, it is recommended that you begin to investigate your options as far as possible in advance of the school’s filing deadline.

Do not wait until after you have received admission offers to begin this process.

Once you have determined which school(s) you want to attend, you can request all relevant government grant and loan application documents from the university financial office(s). Information on application forms is available at each university's and law school’s website.

Many survey respondents indicated that they were not sufficiently informed of potential assistance prior to law school and that such assistance would have made a difference in the quality of their experience. An associated problem is that information about financial assistance is not always available in alternate formats. Note that in March 2000, the National Educational Association of Disabled Students published the National Directory of Financial Assistance Programs for Post-Secondary Students with Disabilities. It is also available on-line at: http://www.hrdc-drhc.gc.ca/hrib/learnlit/
cslp/common/general.shtml

Grants, though more difficult to qualify for and not widely available, are preferable to loans, since students are not required to pay them back. Canada Study Grants (formerly Special Opportunity Grants) are available to qualified full-time and part-time students with permanent disabilities, to those who demonstrate exceptional financial need and women in traditionally under-represented doctoral disciplines (Internet Site of Human Resources Development Canada - HRDC). It is interesting to note that very many of our survey participants seemed unaware of this option.

Canadian students (part-time or full-time) who demonstrate that they have a permanent disability may be entitled to a federal grant of up to $5,000.00 for each year of study in an approved program of study. The grant is to cover exceptional education-related expenses associated with a disability, such as attendant care, transportation, tutors, or specialized equipment. Students must provide satisfactory evidence of permanent disability that limits the ability to participate fully in post-secondary studies. They must also be enrolled in at least 40% of the full-time course load or at least 20% of the part-time course load (HRDC Internet site).

To apply for a grant, you must first complete an application for a Canada Student Loan (see part 13.3 below) to establish your financial needs. Loan applications are available from any university student financial aid office, as are additional information and application forms for the grants.

Part-time students who demonstrate high financial need may be eligible for an additional grant of up to $1,200 per year. Part-time students with a disability who have exceptional financial need may apply for both a disability-related grant and a grant related to severe financial need. To be eligible, one must satisfy all the requirements for a part-time Canada Student Loan and also provide supporting documentation showing an inability to attend on a full-time basis. The applicant must also have a gross income of not more than $14,000 per year (for a single student). The amount of grant entitlement is higher for applicants who have dependents. Information on part-time student grants is available from any student aid office (HRDC Internet site).

The federal government, through Human Resources Development Canada, provides loans to qualified post-secondary students who demonstrate financial need. In addition, each province has a student assistance program (to which residency requirements usually attach). Applicants must demonstrate that their financial requirements for attendance at school exceed their means. Government loans are generally preferable to private institutional loans in that the interest rate is lower and there is more flexibility regarding repayment.

Information on the Canada Student Loans program may be obtained from a university or faculty financial assistance office or from:

Human Resources Development Canada
The Learning and Literacy Directorate
P.O. Box 2900, Station D
Ottawa, Ontario K1P 6C6
Telephone: (819) 994-1844
Toll free: 1-800-432-7377 (English)
Toll free: 1-800-733-3765 (French)
TTY: (819) 994-1218

Canada Student Loan Program (CSLP) funding consists of both a full-time and part-time loans program. Under the full-time program, the CSLP covers 60% of each student’s assessed need, up to a weekly maximum. The remaining 40% of the assessed need may be covered by provincial student loans programs or through other assistance.

A significant feature of the CSLP is the in-school interest subsidy. This program pays the interest on a CSLP while you are enrolled in full-time studies at a post-secondary institution, so that you are not required to pay interest on your loan, or make any payments towards the principal during that time.

The part-time study program is built around the assumption that most part-time students are already working and have their living expenses covered. It is designed to supplement other sources of income, and can provide up to $4,000 in assistance for each year of study.

The CSLP offers students with a disability relaxed eligibility criteria for full-time student status. Under the general conditions when you apply for a Canada Student Loan, you have to be enrolled in 60% of a full course load to qualify as a full-time student. However, a student with a permanent disability need only register for 40% of a full course load. Correspondingly, the part-time requirements are also reduced.

The program also recognizes that a permanent disability may mean that a student with a disability can never repay a loan, because of difficulty in seeking or obtaining, a full-time job that would enable repayment of the CSLP. In these cases, the program offers a permanent disability benefit, which may allow application to have a loan forgiven.

NEADS sits as a member of the National Advisory Group on Student Financial Assistance. This group, which reports to the Minister of Human Resources Development, is one of the three groups that comprise the program’s efforts to consult with key stakeholders. Students who feel that their needs are not being addressed or that their voices are not being heard, can contact the NEADS office with the specifics of any concern. In this way, the information can be passed to program administrators through the National Advisory Group.

Re-payment of federal loans must commence six months after the conclusion of studies. Students are eligible for tax credits on the interest portion paid on the loan each year. Defaulting may have serious consequences. The lender and the government can take measures to recover the debt, which may include a report to credit agencies, using collection companies or taking legal action. Pursuant to the provisions of the Canada Student Loans Act and Regulations and the Canada Student Financial Assistance Act, students cannot avoid repaying federal or provincial student loans by declaring bankruptcy for a period of ten years after the completion of studies (HRDC Internet site).

Students who demonstrate difficulty repaying their loans because of low income may apply for assistance under the federal Interest Relief Plan. Under this Plan, the government may assume interest payments for a limited time (to a maximum of 30 months). To be eligible, one's family income must be less than a level determined by the size of the family and the size of the monthly loan payment. Special circumstances may also qualify a person for relief (such as unforeseen medical expenses or other emergencies). Applications for interest relief are available from the lending institution. The federal government may also, in exceptional circumstances, reduce the principal balance. The lending institution may also agree to revised repayment terms (for example, reducing the amount of the monthly payment where there is a reduction in income). Check the HRDC website for other details on interest relief.

Students who do not qualify for government loans or grants may seek bank loans to finance their education. To qualify, one must have a good credit history and/or a loan co-signer. Students are required to pay interest on the principal sum every month, even when attending school, which could be problematic for students who are unable to work part-time for medical or other reasons. The interest rate for private institutional loans may be substantially higher than for government student loans. The principal must usually be paid back commencing immediately after completion of studies.

Scholarships and bursaries may be given on the basis of either need or merit or in recognition of achievement. They may also (although less frequently) be awarded on the basis of inclusion in a certain disadvantaged group, which can include people with disabilities. Most scholarships are conferred by the individual law school, although corporations, law societies, bar associations and community service groups and foundations are also potential sources. Applicants must take the initiative in researching possible scholarship opportunities because they are not usually widely promoted. In fact, this lack of promotion can preclude qualified students from applying. Several survey participants indicated that had they been aware of these potential avenues for assistance, they would have taken advantage of them to reduce their financial burden.

The best sources for information about scholarships and bursaries are university and faculty of law financial aid offices, which can provide advice and application forms. The Internet is also a valuable research resources in finding disability-specific scholarship opportunities. The NEADS directory mentioned in 13.1 above gives a comprehensive list of scholarships and bursaries.

Students with disabilities may qualify for social assistance or income support from their provincial or territorial government while in attendance at law school. In recent years, however, government cutbacks have had a negative impact on the availability and quality of such programs. In addition, most government disability support schemes have residency requirements that dictate students must be residents and attend schools in their own province. Most benefits are not portable between provinces. Students may be required to pay in whole or in part for their own personal assistants, transportation, or tutors.

Social assistance usually takes the form of monthly payments intended to assist with living expenses. The amount a student is entitled to receive under such programs is not high and, often, is barely enough to cover even basic expenses. Most social assistance programs do offer medical coverage (including dental care, prescription medications, eye glasses, or other assistive devices such as wheelchairs and hearing aids).

Students with disabilities may qualify for additional assistance for technological support for such things as computers if they demonstrate that they require them for school purposes. (It is also worth checking with your university's Special Needs Office, which may receive an annual fund for such purposes.)

Information on provincial disability supports can be obtained from government social services office. Funding is generally dependent upon financial need and is for rehabilitative purposes or technological supports. In addition, not all disabilities are recognized for government assistance. However, students are encouraged to be persistent in their efforts. Law students in more than one province have received rehabilitation funding from their provincial governments. If you have a disability that the provincial authority is not accustomed to recognizing, you may need to persuade the agency that your disability and situation fall within the program's mandate.

The following recollections and recommendations by law students and lawyers with disabilities were gathered from surveys, interviews, and focus group discussions across Canada in 1999-2000.

Many students paid for their own assistants, tutors or recording of textbooks because they were unaware that they qualified for assistance or because existing programs were inadequate.

In one focus group a student said that she would have chosen a different law school if she had been aware of problems with the way her current law school assigned and calculated course; loads for full-time and pert-time studies. As was noted under 13.2 above, eligibility for a grant can depend on such factors. (With regard to formulas related to part-time course loads and funding eligibility, a law school that one student recommended was the law faculty at the University of Victoria).

"It should be noted that diagnostic tests required for purposes of establishing entitlement to support services or examination/other accommodation may be the responsibility of the student."

The professionals and staff at law schools and universities and within government will not always know about all support programs that exist. A student with a learning disability required a tutor to assist with reading comprehension, organization, and written language skills but was not aware until the second year of legal studies that funding assistance for tutors was available. This discovery was made by chance and was quickly pursued through a string of phone calls to locate the appropriate government program.

"If you do not have to worry about where your money is coming from, it helps you to focus on your studies."

"Check the university's Resource Guide to see if it tells you that there is some kind of limit on the amount of tuition for people with disabilities."

One deaf student who entered law school in the mid-1990’s had exhausted eligibility for funding under an existing vocational rehabilitation program. (The student had already earned a degree and had been employed for some time.) In order to study law, the student needed the accommodation of either sign language interpretation or real-time captioning. The law school refused to pay for such assistance. Through the province’s human rights commission, the law student initiated a complaint against the university. The university settled the case, agreeing to pay the thousands of dollars per year for the specific needed accommodations. The funds were administered by the university’s centre for students with disabilities. The student, now a lawyer, was required to maintain confidentiality concerning the settlement.
 

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