Ontario Education Act Section 21(1)

Children that attain the age of 6 years by the first day of school in any year until age 18 or having obtained a secondary school graduation diploma or equivalent.

Not specified.

Not specified.

None - On June 17, 2002, the Ministry of Education released Policy/Program Memorandum No. 131. It was addressed to school boards and school officials and sought to clear up the confusion that existed between the school boards and home schoolers as to who was responsible for determining whether a child is receiving 'satisfactory instruction' at home. PPM 131 makes it abundantly clear to the school boards that 'satisfactory instruction' should be assumed to be taking place in the home school setting. PPM 131 is not a statute or regulation and, therefore, does not have the full force of law.

Section 21(2)(a) of the Education Act provides that a child is excused from attendance if 'he is receiving satisfactory instruction at home or elsewhere.'

If there is a disagreement between the parent and school board as to whether the child is receiving 'satisfactory instruction' and therefore excused from compulsory attendance the Education Act requires an inquiry to be held.

Such inquiry into the validity of the reason for non-attendance at school may only be ordered by the provincial attendance counsellor and conducted by a person or persons who are not employees of a school board. (Section 24(2) Education Act )

In Lambton County Board of Education v. Beauchamp 10 R.F.L. 354 the court stated that in order to establish the fact that the child is not receiving 'satisfactory instruction' it must prove beyond a reasonable doubt that the parent is failing in this area. 'The educational authorities must conclusively prove their case through the introduction of substantial, detailed and expert testimony if necessary'. 'Satisfactory Instruction' is not defined by the Education Act.

The Supreme Court of Canada in Adler v. Ontario (December 1996) stated that section 21 of the Education Act mandates compulsory education but not compulsory school attendance.

The wording of s.21(2)(a) of the Education Act allows parents to enroll their children in 'private schools' that have home based classrooms. Nothing in the Act requires students enrolled in a private school to be taught at the same location. While private schools escape the intensive scrutiny of the school boards, they must file an annual 'notice of intention to operate', furnish statistics and submit to inspections.

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