The Legal Aspect of Alternative Forms of Education

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The Legal Aspect of Alternative Forms of Education

Introduction

The overriding law governing all education of young people in Ontario is the Education Act, R.S.O. 1990, c.E.2. This act defines the boundaries of education that are legally acceptable and enforceable in the province of Ontario. The Education Act is often modified and adapted to the changing needs of the population. These modifications may be done by way of changes to the Act itself or by way of changes to the Regulations that support the Act. The most recent or current version has been in force since June 3, 2010. Other supporting documents generated by the Ministry of Education such as policy and program documents are developed in order to facilitate in the interpretation and implementation of the Law and Regulations. Policies developed by the Ministry of Education, individual school boards and related agencies should “march in step” with the law. When there is some legitimate question as to whether the law and regulations are being fairly interpreted or implemented, it may be challenged in court and case law is established.

Most students in Ontario attend school in the traditional format. This entails a prescribed school year, a scheduled school day, with teachers, administrators, peers, classes and extracurricular activities. However, not all students are educated in this customary way. Parents, teachers and other interested parties have developed and evolved alternative options for education for various reasons. As long as these fall within the limits of the Education Act then it is perfectly acceptable.

In this paper I am going to discuss homeschooling and equivalent learning as they currently exist in Ontario. For each topic there is a brief r...

... middle of paper ...

...nces: non-attendance

Liability of parent or guardian

30. (1) A parent or guardian of a person required to attend school under section 21 who neglects or refuses to cause that person to attend school is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to a fine of not more than $200. 2006, c. 28, s. 7 (1).

Bond for attendance

30. (2) The court may, in addition to or instead of imposing a fine, require a parent or guardian convicted of an offence under subsection (1) to submit to the Minister of Finance a personal bond, in a form prescribed by the court, in the penal sum of $200 with one or more sureties as required, conditioned that the parent or guardian shall cause the person to attend school as required under section 21 and, upon breach of the condition, the bond is forfeit to the Crown. 2006, c. 28, s. 7 (1).

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