www.acpeq.org
Your Québec homeschooling resource !
But they that wait upon the LORD shall renew their strength; they shall mount up with wings as EAGLES they shall run, and not be weary; and they shall walk, and not faint… Isaiah 40:31.
LEgal Aspect
ACPEQ’S position
What the Law Says... and What It Doesn't !
1. Section 15 (4) of the Education Act excuses the following students from attending public schools: "A student who is provided at home with instruction and a learning experience which, according to an evaluation made by or for the school board *, are equivalent to what is provided at school."
2. Section 18 of the Education Act states that if a principal determines that a student is repeatedly absent without a valid excuse, the principal shall, after notifying the parents, report the matter to the Director of Youth Protection.
3. The Education Act is not clear and does not define all of the requirements for parents, nor does it set out a set procedure for exemption and school boards vary as to their policy. It is important to remember that policy is not law. There are, however, several principles that can be derived from the Education Act and the interpretation of that Act as outlined above.
- There is no requirement that parents give notice to a school board or the government of their intention to home school their children if they are not contacted by the school board.
- The family does not have to seek prior approval for home schooling.
- Home visits or assessments by school boards as a condition for home schooling are not required by law.
- "Evaluation" does not mean a test administered by a government school.
- Le droit du directeur ou de la directrice d'école de signaler une famille à la Direction de la protection de la jeunesse concerne les situations de vagabondage et d'absentéisme et ne vise pas les situations légitimes d'enseignement à la maison. The right of a principal to report a family to Youth Protection is for situations involving truancy or absenteeism and not for legitimate cases of homeschooling.
- Qualifications in teaching or any other discipline is not a requirement for a parent-educator.
* The English and French versions are not equivalent. Where the English text seems to show some flexibility in reading “by or for the school board”, the French text reads “by the school board or at its request”. In cases of contention, the French text prevails.
For other information on this topic :
Excerpts from Previous “Communiqués”
Curriculum Constraints in Québec: The Strangling of Religious Freedom
Two Concepts and Two Perspectives: School at Home vs Homeschooling