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

Negotiations With School Administration:
Where Do We Draw the Line?

2) Dealing with School Administration

The first article in this series dealt with Article 15(4) of the Québec Education Act pertaining to home schooling. We saw that it is not mandatory for parents to notify a school board of their intention to home school. However, in the case of a school withdrawal, it is preferable to advise school administrators of the decision to home school. At times, school administration will contact home schooling parents of their own initiative.

How are we to react?

The Letter of Intent

In both cases, a letter of intent should be sent to the school board, with a copy to the local school principal if applicable. This letter should clearly indicate that the parents are familiar with the law regarding home education, that they are not asking for permission to home school, neither are they applying for a derogation to the law as this option is already made available to parents in Article 15(4) of the Education Act. The tone of the letter should be set according to the rapport already established between the parents and the school administrator in question.

It is also advantageous to provide a brief overview of the programme of study planned for the current school year. This need not be complicated and should include the following:

The Meeting Place

Usually, the school board’s Director of Educational Services is the one to contact home schooling families. In some cases, they will even ask to evaluate the premises where instruction will take place, that is, your home! Parents are under no obligation to accept a home visit. You may kindly and politely explain that your home is not a school establishment and therefore does not fall under their jurisdiction. Along the same lines, do schools inquire as to exactly where school children will do their homework? You may, however, meet with a school administrator in his or her office, preferable both parents without the children. Here are the reasons:

First of all, you never know what to expect in this type of meeting. What is the school administrator’s attitude towards home schooling? How will questions be asked and why? Will there be intimidation? In these cases, it is to your advantage not to be alone. Also, one of the parents may respond in a more emotional manner while the other will succeed in staying calm and keeping the discussion on the right track, that is, your rights as parents to home educate your children. If you are able to explain why you have chosen to home school, without criticizing the public school system, school administrators will understand that you are doing this in the best interests of your child. Remain positive!

Is a Contract Mandatory?

Often, a school board will have drawn up a contract for parents to sign. From one school board to another, these contracts look a lot alike. Some of them will go so far as to specify the number of hours that must be spent on each different subject just as in a school setting. Also, most will end with something like: “Despite the above-mentioned conditions, the school board reserves the right to modify the present agreement in the best interests of the child”. The Education Act in no way stipulates that parents must sign something like this. In signing such a contract, parents hand back to the school board the responsibility of their children’s education even if their children are being home schooled.

The Actual Discussion

The subject of evaluation will certainly be brought up at this meeting. If you feel this is an appropriate time to discuss the matter, you may let the administrator know about your intentions. If not, you may briefly mention the matter and postpone such a discussion for a later date. If a school board becomes intimidating, it may be difficult to come to an agreement. For this reason, many families have chosen to become members of the Home School Legal Defence Association of Canada. This association counsels its member-families and intervenes on their behalf if need be. Often, a letter sent by HSLDA to a school board is enough for a school administrator to be more lenient with the family. Membership with HSLDA works like an insurance policy and a professional union, allowing home school families across the country to unite in solidarity under a same legal banner. In principle, membership with HSLDA must be in order before a family requires their services.

First and Foremost: The Parents’ Responsibility

Of course, the school boards are only trying to do their job when it comes to meeting the educational needs of the children on their territory. The fact that parents decide to take their own children’s education into their hands comes as a surprise to many of them. This explains the different reactions and proposals from one school board to the next. It is important that we, as parents, establish that our children’s education is first and foremost our responsibility, as stipulated by the Supreme Court of Canada (January 1995):

"Nonetheless our society is far from having repudiated the privileged role parents exercise in the upbringing of their children. This role translates into a protected sphere of parental decision making which is rooted in the presumption that parents should make important decisions affecting their children both because parents are more likely to appreciate the best interests of their children and because the state is ill equipped to make such decisions itself. Moreover, individuals have a deep personal interest as parents in fostering the growth of their children."

Our next article will deal with evaluation procedures: “by or for the school board”. Must children be evaluated in school? How many times a year must evaluation take place? In what subject areas? Are there any alternatives?

Next "Evaluation Procedures"


For other information on this topic :

ACPEQ’S position

See also :

Excerpts from Previous “Communiqués”

Curriculum Constraints in Québec: The Strangling of Religious Freedom

MELS Representation

What the Law Says... and What It Doesn't !

Two Concepts and Two Perspectives: School at Home vs Homeschooling