Compulsory Attendance
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 16 (number of days & subjects not specified)
Alternative Statutes Allowing for Home Schools
Ontario Education Act Section 21(2)(a): 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 counselor and conducted by a person or persons who are not employees of a school board. The court has 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.
More Information
The Ontario Court of Appeal Adler v. Ontario 19 O.R. (3d)(1) stated that section 21 of the Education Act mandates compulsory education but not compulsory school attendance. The wording of section 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.
Teacher Qualifications: None
Standardized Tests: None
Revised: August 1995 Printed with permission of HSLDA Canada
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