Legal

WARNING: This article explains the new homeschooling regulation in general and gives suggestions for fulfilling your legal obligations. This is not a legal opinion nor is it legal advice. For information specific to your situation, consult a lawyer. This article does not replace the content of the official guide mentioned in section 459.5.1 of the Education Act, which will be developed by the Minister and will be released no later than July 1, 2019. See AQED’s strategy.

Compulsory Education 

Homeschooling is legal in Québec.

According to the Quebec Education Act, compulsory education starts when the child is six years old on July 1st.

The child must continue their schooling at school or at home until the end of the school year during which the child turns 16. 

 

Your Rights

Article 599 of the Quebec civil code stipulates that parents have the right and duty to educate their children.

"599. The father and mother have the rights and duties of custody, supervision and education of their children."

 

As of July 1st 2018 the homeschooling article 15 (40)  of the Quebec Education Act is as follows:

"15. The following students are exempt from compulsory school attendance:

(4) a student who receives appropriate homeschooling, provided

 (a) a written notice to that effect is sent by his parents to the Minister and to the school board that has jurisdiction;

(b) a learning project to impart knowledge to the student, foster his socialdevelopment and give him qualifications, by the development of basic skills, including literacy, numeracy and problem-solving skills, and by the learning of French, is submitted to the Minister and implemented by his parents;

 (c) the Minister monitors the homeschooling; and

(d) any other conditions or procedures determined by government regulation are complied with, including conditions or procedures relating to the characteristics of the learning project, the annual evaluation of the child’s progress, and the process applicable in the event of problems related to the learning project or its implementation.”

The law clearly gives parents who wish to homeschool the right to have their children exempted from the compulsory education law. You do not have to wait for permission or acceptance of your decision by the school board or the school. Neither the school nor the school board can refuse you your parental choice to educate your own children. 

Keep in mind that in case of conflict, a child can only be forced to go to school against their parents’ will by a ruling of the youth court following a declaration of negligence from youth protection services.

Homeschooling parents must provide an appropriate education and must follow the homeschooling regulations.

 

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