A Summary of Legislation Regarding Homeschooling
The following excerpts are provided for convenience. Please refer directly to The Public Schools Act for any amendments.
Compulsory School Age
For the purpose of this Act, an individual is a child of compulsory school age if he or she
- is, at the beginning of the fall term in a year,
- seven years of age or older, or
- six years of age, but will turn seven on or before December 31 of that year; and
- is younger than 18 years of age.
Notification to the Minister
The parent or guardian of a child
who is a pupil in a home school shall, in a form approved by the minister, notify the minister of the home school.
When notification to take place
The parent or guardian shall, in a form approved by the minister, notify the minister about the home school when it is first established and on or before September 1 in each year.
Information to be provided to Minister
Within 30 days after a home school is first established and on or before September 1 in each year, the parent or guardian shall provide the minister with the following information:
- the name and birth date of each pupil in the school;
- the name of the school or school division each pupil would otherwise attend; and
- an outline of the education program and grade level for each pupil.
Periodic progress reports
The parent or guardian shall provide the minister with periodic progress reports on each pupil in the home school. The reports must contain the information and be provided according to a schedule determined by the minister.
Exemption from liability
No person is guilty of an offence...for failing or refusing to ensure that his or her child attends school if
- the child is in regular attendance at a private school, as defined in The Education Administration Act;
- the field representative certifies that in his opinion the child is currently receiving a standard of education at home or elsewhere equivalent to that provided in a public school;
- the child is unable to attend school by reason of sickness or other unavoidable cause or is excluded from attendance under subsection 261(2);
- the child is absent from school on any day regarded as a holy day by the church or religious denomination with which the child is affiliated.
Jurisdiction of school attendance officer
For the purpose of this Part, every school attendance officer has jurisdiction over each child who is a resident of or a pupil in the area for which the school attendance officer is appointed or designated, and over all other children within that area.
Powers of field representative
A field representative has all the powers of a school attendance officer.