Is it Legal?? Part I
September 7th, 2008 by Ruby3881When we tell people that we’re homeschooling most of them are quite interested and even complimentary. But because most people aren’t too well informed about homeschooling we’re often asked, “Is it legal?” The Bitter Homeschooler’s Wish List has a fun answer to that question, if you like sarcasm & you’re feeling kinda tired of having people question your status as a law-abiding citizen.
If you’re thinking about homeschooling - or if you’re moving from one jurisdiction to another - and you want to be sure you will be fulfilling your legal obligations, this really is a valid question.
In the broadest of strokes and to the best of my knowledge, homeschooling is at this moment legal in every Canadian province and territory. It is also legal in all 50 US states. (Yes, there’s been some controversy in California recently, but I believe the most current news from that state has been that it’s still quite legal. If you’re in California I suggest you get your information from a trusted association like HSLDA, NHELD or CHELD.)
Knowing your legal obligations in a given jurisdiction is the more complicated part, especially if the law is rather vague. The Quebec Education Act says that a child aged 6-16 must attend public school. There is an exception for home education, and to be eligible for the exemption the parents must meet their obligations under this section of the law. Here it is (in its official English translation - in cases where the translation varies from the original, it is the French that will be accepted as the final authority):
15. The following students are exempt from compulsory school attendance:…..
…. 4) a student who receives home schooling and benefits from an educational experience which, according to an evaluation made by or for the school board, are equivalent to what is provided at school.
~ (R.S.Q., chapter I-13.3: Education Act, Section 15(4). Updated to 1 August 2008)
OK, so what constitutes an equivalent educational experience? What do I need to teach my kids in order to meet my obligations under the Education Act? A document issued by the ministry of education to school boards in 2005 discusses this equivalence:
La notion d’équivalence peut être interprétée dans le sens que l’enseignement dispensé et l’expérience éducative vécue doivent permettre à l’enfant d’avoir les connaissances et les compétences suffisantes pour qu’il puisse, s’il le souhaite, intégrer ou réintégrer le système scolaire public ou privé.
(My translation:
The notion of equivalence in this sense can be interpreted as the teaching given and the educational experience lived by the student, that permit him to have sufficient knowledge and competencies* so he may enter or return to the public or private school system if he so wishes.)
* The ministry of education uses the term “competency” in discussions of subject-specific and cross-curricular learning objectives. These are very specific competencies as outlined in the Quebec Education Program, and not skills in general.~ La Scolarisation à Domicile, Orientations, Projet; MELS, Mai 2005
(I got my copy through one of the forums at AQED before they switched to their new web site. I don’t know whether they still have it available, but it’s been exceedingly difficult to find elsewhere.)
So if you are a home educator in Quebec, to be meeting your legal obligations under the Education Act you need to be sure your kids could enter or return to school with no great need for adaptations. In other words, Johnny should be able to read the textbooks the school is using and to do whatever other reading is assigned. He should be ready to understand the math, French, social studies or science concepts the teachers will be presenting. He may not have read the exact books or studied the exact same subjects in history, but the knowledge he has gained should give him a solid foundation for learning alongside his classmates without the teacher having to give him too many special assignments or individual tutoring sessions.
Furthermore, he should have a set of competencies that will be useful to him in his learning process. These are different for each cycle of school, but may include things like having some coping strategies that he can use when he encounters an unfamiliar word, or understanding the concept of place value. Other competencies are being open to others’ opinions & experiences, and learning to share some of his own. There is also trying to express himself in French, and using a variety of types of literature. As I said, these vary to some extent. Consult the Quebec Education Program to know what is expected for your child’s grade level.
Check this post on starting out for links to the various parts of the Quebec Education Program. I’ve included a good number of other links that may help you as you begin to formulate your education plan, too. You should be off to a good start!
Next in this series of posts:
Evaluation of Equivalence - looking at several published opinions on what should be evaluated and how
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This work was created by Ruby of Freehold 2, and is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 2.5 Canada License.
Excerpts copyright quoted authors. Please visit their sites to read more, and respect the terms of their copyrights. Thanks!
The content of this blog is offered in the spirit of sharing information and ideas, and all factual information is accurate to the best of my knowledge at the time of writing. Please be aware that laws change and new requirements may be imposed on homeschooling parents. I am not an expert. You should consult legal counsel for the best advice on homeschool legalities and your rights as a home educator.
