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Laws & Policies Information For Parents who are Homeschooling
Parental advocacy for a child with autism is needed in every situation, regardless if your child is in school or home schooled.
The first things you need to know when you begin homeschooling your child are the laws and policies and what is officially required to protect your rights.
Homeschooling and/or home-based education is LEGAL in the province of Ontario under the Ontario Education Act.
You can begin homeschooling your child at any time of the year, at any level and at any age.
The Ontario Government does NOT provide funding for homeschooling.
Ontario Laws - The Ontario Education Act
The Ontario Education Act is the law. Here are the sections in The Ontario Education Act that are most relevant to homeschoolers:
Website: https://www.ontario.ca/laws/statute/90e02
It currently states:
When attendance excused
21 - (2) A person is excused from attendance at school if,
(a) the person is receiving satisfactory instruction at home or elsewhere;
(b) the person is unable to attend school by reason of sickness or other unavoidable cause;
It also states:
24. (2) Where the parent or guardian of a child considers that the child is excused from attendance at school under subsection
21(2), and the appropriate school attendance counsellor or the Provincial School Attendance Counsellor is of the opinion that the child should not be excused from attendance, the Provincial School Attendance Counsellor shall direct that an inquiry be made as to the validity of the reason or excuse for non-attendance and the other relevant circumstances, and for such purpose shall appoint one or more persons who are not employees of the board that operates the school that the child has the right to attend to conduct a hearing and to report to the Provincial School Attendance Counsellor the result of the inquiry and may, by order in writing signed by him or her, direct that the child,
(a) be excused from attendance at school; or
(b) attend school,
and a copy of the order shall be delivered to the board and to the parent or guardian of the child.
Ontario Policy - Policy/Program Memorandum No. 131
This Policy/Program Memorandum is a "policy".
Website: http://www.edu.gov.on.ca/extra/eng/ppm/131.html
The official current policy on homeschooling is Policy/Program Memorandum No. 131 (PPM131). The entire PPM131 relates to home schooling but the following excerpts represent the main points:
Procedures for Parents
Parents who decide to provide home schooling for their child(ren) should notify the school board of their intent in writing.
Procedures for School Boards
When parents give a board written notification of their intent to provide home schooling for their child, the board should consider the child to be excused from attendance at school, in accordance with subsection 21(2), clause (a), of the Education Act. The board should accept the written notification of the parents each year as evidence that the parents are providing satisfactory instruction at home. Normally, the board should not investigate the matter.
In Ontario, you do not need to provide the school board with any further information about the curriculum that you will be using or any other additional information they request, regardless if you are just starting homeschooling or during your homeschooling at any time. You are also not required to report, test or inform anyone about your child’s homeschooling progress.
Notice of Intent
The "Notice of Intent" letter to notify the school board of your homeschooling can be found HERE.
If you have never had your child in a public school system you do not have to notify the school board that you are choosing to homeschool but you might want to consider doing so for a few reasons:
1. If you wish to have access to outside therapists or support workers in your home from other professional services, such as from the Local Health Integration Network, you will need to follow the same steps and procedures as someone who has withdrawn their child out of the school system. Remember that this can be done at any time while you are homeschooling so there isn’t a need to rush into a decision if you do not know if you will require outside services. If you do decide that you are in need of having outside services come to your home, you are required to fill out the "Notice of Intent" letter stating that you have decided to educate your child at home and they will be withdrawn from the school system. This letter is sent to the school board in your local area. You can also send a copy of this letter to the Principal of the school that your child would have attended as a courtesy. Make sure that you keep a copies for yourself. You will need to send in a new letter each school year until your child reaches 18 years of age. The school board is required to send you back a “Letter of Acknowledgement.” This letter can be given to any government services to gain certain access to services in your home.
2. Notifying the school board gives you documented proof that you, as a homeschooler, have complied with the law and followed the procedures of the Ontario Education Act and the PPM No.131 should you ever need it as evidence in an investigation or a court proceeding.
Part-Time School Attendance
There are many cases where those who are on the autism spectrum attend school on a part time basis.
It is left to the discretion of the principal to allow a home schooled child to attend on a part-time basis. There have been mixed responses from schools/school boards across Ontario. In some instances families have had no difficulties with enrolling their children in public schools part-time and in other cases families have been turned away by a school/school board where the principal will not allow part-time attendance of a home schooled child or the principal does allow part-time attendance by a home schooled child but is overruled by the school board directly.
Policy/Program Memorandum No. 131 (PPM 131) states the following regarding part-time enrolment:
Funding for Part-Time Attendance
The Ministry of Education provides funding to boards for students who attend school on a part-time basis. The per-pupil grants are prorated according to the amount of time the student is in attendance at the school.
Enrolment Registers
A school will not record a child who is receiving home schooling on a full-time basis in the enrolment register for full-time day school students. If, however, a student is receiving some instruction at a school operated by a board, the student's enrolment for this instruction will be recorded in the appropriate register. Refer to the instructions section of the appropriate register for details.
The PPM 131 states that the Ministry of Education does allow part-time attendance and part-time enrolment and will be funded.
The Ministry of Education policies and guidelines do allow for individuals to attend a public school on a part-time basis in the elementary and secondary grades. The current documents related to Enrolment Registers are listed here: www.edu.gov.on.ca/eng/policyfunding/forms.html
To view the current information on the attendance and funding policies, see the current version of:
The Enrolment Register Instructions for Elementary and Secondary Schools 2018-2019
Website: http://www.edu.gov.on.ca/eng/document/forms/enrol/enrolment_register_instructions.pdf
Home Schooling
Pupils who are excused from compulsory attendance because they are receiving satisfactory instruction exclusively at home (that is, through home schooling) or elsewhere (e.g., at a private school) must not be recorded in the enrolment register. However, if they are receiving some instruction provided by the school (classroom-delivered, independent study, or e-learning), this instructional time will be recognized for grant purposes. These pupils must be recorded in the day school register or in the Independent Study and e-Learning Register for Day School Pupils by the school that is offering the course, in accordance with the type of instruction provided. The attendance of a pupil who is recorded in the day school register will be recorded in a Daily Attendance Record.
It also states:
Part-Time Pupil – Elementary and Secondary Schools
• A pupil who is registered for classroom instruction for an average of less than 210 minutes per school day in the school cycle
• A pupil aged 14–17 who has a Supervised Alternative Learning Plan (SALP) that provides for an average of less than 70 minutes of instruction per school day in which the pupil may earn a credit
All homeschooling parents should have no difficulties enrolling their children in public schools on a part-time basis. If homeschooling parents do run into difficulties with a school regarding part-time attendance, it is recommended that you indicate to the principal that part-time enrolment is clearly stated in the Enrolment Register Instructions for Elementary and Secondary Schools as well as in the PPM 131.
The Universal Declaration of Human Rights of the General Assembly of the United Nations
Canada is among the signing nations of The Universal Declaration of Human Rights of the General Assembly of the United Nations.
It clearly states:
Article 26 (3) Parents have a prior right to choose the kind of education that shall be given to their children.
This means if a parent decides to home school their child, they have a legal right to do so.
Article 20 (2) No one may be compelled to belong to an association.
This means that you do not need to belong to a standard school board. The standard school systems (i.e. Public, Catholic etc...) represent and are an association that is under a particular set of internal rules and regulations by which one is bound only if one is associating with it.
Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
This principal applies when there is a dispute concerning the legitimacy of the claim “to be providing satisfactory instruction”.
Article 30 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
The Canadian Charter of Rights and Freedoms
For a dispute concerning the legitimacy of the claim “to be providing satisfactory instruction”, applies to the principle underlying article 11 of the Canadian Charter of Rights and Freedoms:
11. Any person charged with an offence has the right
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;