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The school I chose won't let my child attend. Can they do that?
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The school I chose won't let my child attend. Can they do that?
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Justice for Children and Youth
Ontario Ministry of Education
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The school I chose won't let my child attend. Can they do that?
Reviewed:
December 15, 2020
Answer
Every child in Ontario has the right to attend a school in a school board where they live. But they do not have a right to attend any particular school.
Some school boards have certain rules about who is allowed to attend schools in their board. For example, Catholic school boards and French-language school boards have different rules than English-language school boards.
In rare cases, a school may not let your child attend if they are worried about other students' safety. For example, your child may not be allowed to attend if they have been violent toward other students.
For more information about why a school might not let your child attend, see Steps 2 to 5.
School is mandatory
Every child in Ontario must attend school from age 6 to 18. If a child in this age range doesn't attend school, the child or the parent may be charged. There are some exceptions. See step 1 for more details about who must attend school and the penalties for not attending.
1. Understand who must attend school
School is mandatory
Every child in Ontario must attend school from age 6 to 18. But you can homeschool your child instead of sending them to a school.
Children can start school before they are 6 years old, but this is optional. In Ontario, we call this kindergarten.
The school year in Ontario starts in September. To start junior kindergarten (JK) in September, your child must turn 4 before the end of December that year. For example:
- A child born between January 1, 2016, and December 31, 2016, can start JK in September 2020.
- A child born between January 1, 2017, and December 31, 2017, can start JK in September 2021.
A student can quit school on the day they turn 18.
A student can also quit school when they are 17. If your 18th birthday is between the last school day in June and December 31 that same year, then you can quit school on the last day of school in June, even though haven’t had your 18th birthday yet..
Charges for not attending school
If you are 12 to 15 years old and you skip school, you can be charged by the police. This charge is called "truancy". Truancy is not a crime. You can't go to jail or get a criminal record for it. But a judge can fine you up to $1,000 put you on probation for 1 year. If you don't follow your probation, then the judge could send you to jail for up to 30 days.
If you are charged with truancy, you can call Justice for Children and Youth (JFCY) at 1-866-999-5329 to get advice from a youth rights lawyer.
If you are a parent who is not sending your child to school, the police can charge you. You can be fined up to $200. JFCY will not help parents who are charged.
Exceptions to mandatory attendance
In Ontario, the Education Act says that children must attend school. A child can be excused from going to school only for a reason that is included in the Act. Students can be excused from missing school if they are:
- being properly homeschooled
- sick
- living too far from a school and the school doesn't provide transportation
- getting music lessons up to one half-day a week
- suspended, expelled, or excluded (see Step 3)
- away from school for religious reasons
School officials, professionals like doctors or social workers, and other community members have a duty to tell a child protection agency if:
- you regularly don't send your child to school,
- your child misses a lot of school without a legal excuse, or
- they are worried about the quality of your homeschooling.
Reviewed:
December 2020
2. Find a school
In Ontario, your child can attend school in one of 4 publicly funded school boards:
- English-language public school board
- English-language Catholic school board
- French-language public school board
- French-language Catholic school board
Most students do not have to pay to attend any of these public school boards. But if you are visiting Ontario and you want your child to attend school while you're visiting, you may have to pay a fee.
Your local school board can give you more information about schools in your area. Many school boards have tools on their websites that let you search for your local school based on your address.
Usually, your home address determines the English-language public school that your child can go to. Each school serves the children who live near the school. Any child who lives within the school's area should be allowed to attend that school.
To register for school, you only need to prove that you live in the school's area. You can do this by, for example, showing the school a driver's licence or utility bill with your address. You also need to show them that you have legal custody of your child, for example, with a birth certificate or custody order from a court.
This is not always the rule for Catholic schools or French-language schools. See Step 5.
When you register for school, you should also bring documents that show your child's age, and documents that can help the school place your child in the right classes. These documents might include report cards or student records from other schools your child has attended.
If the school closest to your home is full, your child might be registered and transported on a bus to a school in another area that has space for new students. In some school boards, schools that are not full will accept students who live outside of their area. If you want to send your child to a school outside your area, you might need a permission letter from your local school.
Contact your local school board for more information.
Reviewed:
December 2020
3. Understand attendance rules related to immigration
Every child living in Ontario has the right to attend school no matter what their immigration status is. This includes children who are:
- not Canadian citizens
- permanent residents
- refugee claimants
- unlawfully in Canada
- living in Canada temporarily
If you arrive in Canada after the start of the school year, you can begin school right away. You do not have to wait until the start of the next school year.
No immigration documentation needed
You don't usually have to show the school any immigration documents if you want to register your child. A school cannot refuse to admit your child because you don't have:
- proof of immigration status or proof that you have applied for status
- a work permit or Social Insurance Number (SIN)
- an Ontario Health Insurance Program (OHIP) card
Tuition for some students
All children have a right to attend school in Ontario. But some students must pay a tuition fee. These students include people who are:
- in Canada on a study permit
- visitors who do not plan to stay in Ontario permanently
Students will not have to pay a tuition fee if they are:
- participating in an exchange program
- on a temporary resident permit
- claiming refugee protection (you may have to show that you have already submitted your refugee claim, even if the official decision has not been made)
- waiting for a decision on a citizenship application (this only applies if the child's parent is already a Canadian citizen living in Ontario)
- waiting for a decision on a permanent residence application, or if their parent is waiting for a decision on a permanent residence application
Students will also not have to pay a tuition fee if they are:
- a child of someone who is doing official military work
- a child of someone who is doing official diplomatic work
- a child of someone who has a work permit or who has submitted a work permit application
- a child of someone who is an official religious worker
- a child of someone who is an Ontario college or university student
- a child of a visiting teacher or professor at an Ontario college or university
Reviewed:
December 2020
4. Understand the rules related to school safety
In rare situations, a principal can stop a student from coming to their school if they are worried about other students' safety.
There are 5 main ways a principal can stop a student from coming to their school:
- suspension
- expulsion
- exclusion
- administrative transfer
- health protection
Suspensions and expulsions
You are not allowed to attend school while you are suspended or expelled. You may be suspended or expelled if your behaviour creates a safety issue. You may also be suspended for other issues not related to safety.
You have the right to appeal a suspension. You also have the right to a hearing if your principal wants to expel you.
Exclusions
A principal can stop anyone from coming into a school if they think the person might be a risk to the physical or mental health of the students. This is called an "exclusion".
For example, a principal might exclude a student who tells a teacher in private that he is thinking about bringing a gun to school.
You have the right to appeal an exclusion. Each school board has a different appeal process. You can ask your principal about the appeal process for an exclusion.
A principal should not use their exclusion power in a discipline situation. If the principal thinks your child has a behaviour problem, they should use the discipline powers (such as suspension or expulsion or other less serious discipline).
A principal should not use their exclusion power just because a child:
- is difficult to teach
- has a disability or mental health condition
- is not getting along with other children or teachers
- has a difficult family situation or is in the care of a children's aid society
If you are a student who has been excluded, you can call Justice for Children and Youth at 1-866-999-5329 to get free advice from an education lawyer.
Administrative transfers
Sometimes, a school board may force a student to transfer to a different school within the same school board. This is known as an administrative transfer, school transfer, or, in some school boards, a "fresh start".
The law about school transfers of students is complicated. Some education lawyers think that it is illegal for a student to be forced to transfer schools in certain situations. If you are being forced to transfer schools when you don't want to, you should contact Justice for Children and Youth at 1-866-999-5329.
Health Protection
A principal can prevent a student from coming to school if the student:
- is not properly immunized
- is suspected to have a contagious disease, like COVID-19
Reviewed:
December 2020
5. Understand attendance at Catholic & French schools
Catholic Schools
The rules for Catholic elementary schools are different than the rules for Catholic secondary schools or high schools.
In Catholic secondary schools or high schools, any student, no matter what their faith, has the right to attend if they live in that school zone.
In Catholic elementary schools, only students who are Catholic, or whose parents are Catholic, have the right to attend. But the school board can make exceptions to allow other students to attend.
Each Catholic school board makes its own rules about whether it will accept non-Catholic students in its elementary schools. If you are not Catholic but want to attend a Catholic elementary school, you should contact your local school board to ask if this is possible.
Usually, the school will ask you to provide a Catholic baptismal certificate for either the parent or the child. Or, if you have recently enrolled in the Rite of Christian Initiation of Adults (RCIA) program, you can show the school your letter of enrolment.
If you are a homeowner paying property taxes, you must also elect to direct your taxes to the Catholic school system.
French Schools
A French-language school is not the same as a French immersion program.
French-language school
A French-language school is a school managed by a French language school board for children whose parents' language or family's language is French.
You are only allowed to enroll your child in a French-language school if:
- your first language is French. This means that French is the language you first learned and you still understand it,
- you received your own elementary education in a French-language school, or
- at least one of your other children has attended or is attending a French-language elementary school.
If you do not meet one of these criteria, you can still apply to a French-language school, but it is up to the school board to decide if they will let you enroll. They are allowed to say no.
French immersion program
A French immersion program is a program offered by an English-language school board. French does not have to be the family's first language. Every French immersion program is different. In some programs, 100% of the curriculum is taught in French. In others, French is only used in some classes.
Each school board can set its own rules about which students can attend French immersion.
Reviewed:
December 2020