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?

1) Summary of the Relevant Sections of the Law

This first article will deal specifically with school board intervention pertaining to home education. The same basic principles apply to families living in other Canadian provinces.

Article 15(4) of the Québec Education Act excuses the following students from school attendance:

A student who is provided at home, 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.

Note that:

1. the law does not mention that parents must have special qualifications to home school;
2. the law does not specify that parents must notify a school board or ask for their authorization to home educate their children;
3. parents are under no obligation to sign a contract;
4. no mention is made of a mandatory home visit by a school official in order to evaluate the allocated space for home schooling, the materials used or the children themselves.

Many families across the province must face school board demands with which they are not comfortable, taking into consideration their children’s needs. Families do not appreciate this unnecessary intrusion into their private family life. Why is it then that school boards make more or less intimidating requests?

School boards draw up their own policies and regulations. A Guide for Home Schooling was published by the Ministry of Education a few years ago in order to direct school administrators with regards to home schooling families. We must be aware of the fact that internal regulation and policy are not law per se. As long as Article 15(4) remains as it is, parents will still have considerable decisional power when it comes to establishing a working relationship with the school board. Unfortunately, when parents are hesitant to comply with school board regulation, some school administrators fall back on Article 18 which states:

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.

However, this article of the Education Act is applicable in cases of truancy. This is not the case for home-educated children whose parents are conscientiously exercising their right to home school, as per Article 15(4).

With this in mind, what type of relationship should be established with school boards?

Some families prefer to “fall through the cracks” for as long as possible. Obviously, in order to do so, their children have never been registered in a public school. If, however, a child is taken out of a local school, it is recommended that a letter of intent be sent to the school board. The letter should clearly state that the parents know the law and are not asking permission to home school. Neither are they asking for a derogation to the law since home education as an option is already provided for in Article 15(4).

Our next articles will deal with different approaches in negotiating with a school board. The subject of evaluation, “by or for the school board”, will also be dealt with extensively. Finally, a step-by-step approach will be suggested should Youth Protection Services become involved.

It may be useful to recall that home schooling is relatively new in many areas of Québec and that school boards deem themselves responsible for the children on their respective territories. It is not necessarily their intention to make life difficult for those parents who withdraw their children from school. For this reason, it is important for us, as parents, to avoid criticizing the public school system and to always be ready to share the positive reasons motivating us to home educate our children. After all, the advantages are numerous, right?

Next "Dealing with School Administration"

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