Family Calls for Better Support After Son’s Tragic Death

A family in Hamilton is sharing their pain following the loss of their son last month, claiming that his early dismissal from school contributed to the tragedy.

Max Simao was struck and killed by a city bus shortly after 1 p. m. on December 11.

At a news conference at Queen’s Park on Wednesday, his parents, Chris and Emily Simao, revealed that Max had autism and was attending school on a modified schedule. This meant he only went to school in the mornings because there wasn’t staff available to support him in the afternoons.

On that Thursday, Max’s mom picked him up from school, and while they were heading home, he was hit by a bus at Emerald Street N. and Wilson Street.

According to Hamilton police, neither the bus driver nor Max’s caregiver played a role in his death.

“Our son should be learning and playing at school right now with proper support. If he had been, we believe he would still be here today,” Chris Simao shared during the news conference while Emily held onto a photo of Max.

“We feel robbed of our future with Max. We’re heartbroken and furious. He should still be with us,” he continued.

“We’ve discovered that exclusions like this happen frequently across Ontario due to ongoing underfunding that primarily impacts students with special needs. So on that Thursday afternoon, Max was not where he deserved to be.”

Family told modified schedule was ‘temporary’

The Simaos joined forces with the Ontario Autism Coalition and Ontario NDP at the press event to urge the province to tackle issues related to school exclusions and modified schedules.

Chris explained that having Max on a modified schedule wasn’t their choice as parents.

“At the end of October, we were informed by Max’s school about staffing shortages leading them to propose this modified schedule for him to attend only in the mornings,” he said.

“They assured us it would only be temporary for just a few weeks. Those weeks turned into a month and a half, and despite our constant inquiries about when Max would return full-time, we were told it was being worked on.”

Kate Dudley – Logue , vice – president ofthe coalition , mentioned in an interviewwith Craig Norris , hostof CBC Kitchener – Waterloo ’ s The Morning Edition , that excluding studentswithautismand otherspecialneedsfromschoolisbecomingmorecommonin Ontario.“ We’re seeing these incidents moreoften, andthey’re becoming really normalized , ” Dudley – Logue stated during her interviewon Thursday morning.LISTEN | Parents , advocates callforprovince totackleexclusionsandmodifedschedules :She explainedthat data collectedbythecoalitionshowsthataboutone-thirdof familieswith disabledstudentsreportedexperiencing”somekindofexclusion,”whetherschedule modificationsor mid-day calls tellingthem topickup their child dueto staffingissues.“There are families who go throughthis multiple timesaweek,”Dudley — Loguesaid.”Itcould also meantheirchildis excludedfromrecessorfieldtripsandthings like that.”

She noted thereare roughly350,000studentswith disabilitiesenrolled inschoolsacross Ontario , which meansaround120,000 students arebelievedtohave faced exclusionat somepoint.

This puts familiesinverytoughpositions.”Howcanyoukeepyourjob ifyou’reconstantlyhavingtopickupyourchild?”said Dudley–Logue.

School board aimskeepstudentsinschoolallday

Jamie Nunn , associate directoroflearningservicesandschool improvementforthe Hamilton-Wentworth District School Board statedinastatementto thatthey’rethinkingofthefamilyafter Max’s’ unimaginableloss,’ butcouldn’tcommentonthe circumstancesaroundhismodifiedschedule.

Nunn affirmedtheboard isdedicatedtosupportingallstudents’throughcooperative individualized planninginvovlingfamiliesschools, cetrilizedboard services, andwhereappropriateexternalserviceproviders.’Theirgoalistoensureeverystudentisin school forthefullinstructional day.’

‘Incertaincases, a student’s programorschedule mightlookdifferentdependingontheunique needsachild orfamily,’Nunnsaid.

Nunn addedthat’inrareinstances,’amodifiedschedule maybe necessarytosupporta student; whenitdoesoccur,’it’spartofa holisticplancreated incollaborationwithfamilies, to benefitthe child’s overall well-beingand learning.’

Exclusions arerareandeventuallyhappenonly afterexploringall otheroptions,”Nunnshared.

The Hamilton Police Service looked into the collision statingthebusdriverandcaregiverwereneveratfaultwhen Maxwashitbyacitybuston December11th2025.(Paul Smith/CBC)

“Thiswas preventable,” said NDPleader.”NDPleader Marit Stiles underscoredthatschool exclusionsarenotnewnor uncommon.”“We needto address unfairnessfacedbyspecialneeds studentsduetolackofinvestment inschools,” Stiles mentionedduringthenewsconference.”What happenedto Maxdidn’t occurinavacuum. Itwasaconsequence -aconsequenceofnotenoughsupportinour classrooms. Thiswaspreventable. Thisshouldneverhavehappened.”Premier Doug Fordwasaskedaboutdemandsforadditional fundingforeducationalassistantsduringanothernewsconferenceon Wednesday. He respondedthattheprovinceplans toh hire6000educatorsincludingteachersandeducationalassistants addinghisgovernmenthasboostedfundingtoautismprogramsby$700millionsince takingoffice.

Dudley -Logue expressedherbeliefthat Fordmisunderstoodthequestionbecause$700 millionistargetedfor Ontario Autism Programwhichisdifferentissue.”

Regardinghiringthousandsof EAs, shewasonlyuncertainhowitwould work.”I find it hardtobelievebecausethere’sprobablynotpoolforso many EAsinthisprovince, yetobviouslywe’d welcome them,” shesaid.

<pclass =" m B -54textlg-md-leading -9break-word"-<" There’snearly5000schools intheprovince, hiring6000staffmemberswouldgiveeachschooljustoveroneextrastaffmember."Itwon'tsignificantlyimpactindividualschoolsthatneedquadruplemorenormal EAsforsafelysupportingstudentswithcomplexneeds,"Dudley -Loguementioned."</strength“The Elementary Teachers Federationof Ontario tweetedfollowingthenews conferenceexpressingsupportforthefundingcalls formorespecialeducationaccessibilitywhileensuringflexibilityformeetingwideneeds throughout theschoolyear..”
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The Hamilton Police service investigatedcollisionsaidthebusdriverandcaregiverwho were withtheseven-year-old weren’tatfaultwhenthehitkilledbyacitybuson Dec11though2025.(Paul Smith/CBC)“
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