Legal aspects - What you should know

Compulsory school attendance

 Article 14 of the Education Act  states that:

"14. Every child resident in Québec shall attend school from the first day of the school calendar in the school year following that in which he attains 6 years of age until the last day of the school calendar in the school year in which he attains 16 years of age or at the end of which he obtains a diploma awarded by the Minister, whichever occurs first."

Compulsory education start

It depends on the age of the child before July 1st.

5 years old before July 1st	No compulsory education. Kindergarten isn't mandatory.
6 years old before July 1st	Start of formal education at the end of the summer.

*Note that when returning to school, homeschooled children are usually placed in the school year that corresponds to the child’s age on September 30th.

End of compulsory education

It ends at the end of the school year (June 30th) during which the child reaches the age of 16.

15 years old before July 1st	Obligation until the end of the school year, unless you have already received a graduation diploma.
16 years old before July 1st	No longer has an obligation to compulsory education.

Your rights

Article 599 of the civil code of Quebec stipulates: 

"599. The father and mother have the rights and duties of custody, supervision and education of their children."

As of July 1st 2018, the homeschooling article 15 (40)  of the Quebec Education Act is as follows:

"15. The following students are exempt from compulsory school attendance:

…

(4) a student who receives appropriate homeschooling, provided

 (a) a written notice to that effect is sent by his parents to the Minister and to the school board that has jurisdiction;

(b) a learning project to impart knowledge to the student, foster his social development and give him qualifications, by the development of basic skills, including literacy, numeracy and problem-solving skills, and by the learning of French, is submitted to the Minister and implemented by his parents;

 (c) the Minister monitors the homeschooling; and

(d) any other conditions or procedures determined by government regulation are complied with, including conditions or procedures relating to the characteristics of the learning project, the annual evaluation of the child’s progress, and the process applicable in the event of problems related to the learning project or its implementation.”

Parents responsibilities

Homeschooling is a right in Quebec and in Canada. By law, you have the right to start homeschooling at any time during the year. 

You do not have to wait for “permission” or “acceptance” of your decision by the school board or the school as they can’t deny you your parental choice to educate your own children. 

Parents are responsible for providing appropriate education, and must follow the above legislation and homeschooling regulation.

In case of conflict

The only way to force a home-educated child to return to a school against their parent’s will is through a Youth Court ruling, following a declaration of educational neglect by the Director of Youth Protection (DYP).