Poste - Canadian Coalition for the Rights of Children

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C A N A D I A N C O A L I T I O N F O R T H E R I G H T S O F C H I L D R E N Alliance of Home Schoolers estimates that there are approximately 50,000 students being educated at home. 168 Parents can establish their own curriculum and choose their own learning materials. To support home schooling, British Columbia, Alberta and the Yukon allow access to educational facilities and learning materials. 169 In some jurisdictions, children are required to register with a local school; others require that approved texts be used. Provincial monitoring of home schooling is mostly carried out by local school boards but home schooling has not generally been well defined or supported. 170 Regulations are now increasing due to the growing popularity of this alternative to public schools. Private Schools Less than six percent of Canadian students are enrolled in private schools. 171 Independent private schools exist across the country and may operate in any province or territory if they meet general standards for elementary and secondary schools. Most private schools closely follow the curriculum and diploma requirements of the department or ministry of education. Alberta, British Columbia, Manitoba, Quebec and Saskatchewan support private education by providing some form of financial assistance to these schools. 172 A private school may refuse to admit a pupil but legal mechanisms exist to ensure that private schools are nondiscriminatory. For example, the Human Rights Code of Ontario protects against possible human rights violations in private schools. However it should be noted that since the Canadian Charter does not apply to private, nongovernmental action, 173 it is likely that Charter guarantees will not apply to the procedures and decisions of independent school administrators. 174 Charter Schools Canada has only nine charter schools, all of which are in Alberta. 175 These schools: • are sponsored by the Minister of Education; • are located in large urban centres; • have been in existence for one to three years; • have small classes, and • are experiencing a growth in enrollment. 176 92 According to University of Calgary research, parents see positive results from their children’s charter schools, such as improved academic performance and increased student satisfaction with learning and personal confidence; 85 percent plan to keep their children in the charter school. 177 Charter schools are not accepted by all educators because research has shown that these schools have: • limited financial, moral or technical support; • limited professional development for teachers; and • adversarial relations with others in public system. 178 Charter schools by their very make-up do not promote inclusiveness. Charter schools also have difficulties with governance, due to parents’ lack of knowledge or expertise and vaguely defined roles between administrators and board members. 179 There is also a concern about undue criticism of public schools in order to justify charter schools and their separate public funding. Ontario’s Education Improvement Commission rejected provincial funding of charter schools in 1997, saying it “would undermine the strength of Ontario’s public education system.” 180 Conclusion Children’s right to education is assured in Canadian legislation, which provides for primary and secondary schooling and obliges all children to attend. Alternatives to public schooling are also permissible. Education is a provincial responsibilty and is administered by local school boards. As such, there are variations in the provision of education across the country. The goals of education generally address the developmental needs of children although special programming for students is inconsistently available. Concerns have been identified about national educational efforts such as: the reduction in education spending and its adverse effect on the availability of programs and services; the reduction of the number of school boards and the impact this has had on access to programs such as special education; the high drop-out rate of Aboriginal children; the unclear status of rights education and multicultural programming; and the availability of instruction in both official languages “where numbers warrant.” A charter school is an independent public school. A Charter school must meet broad provincial guidelines but offers a distinct program, either in its treatment of subject matter or alternative teaching methods. Charter school founders sign a charter agreement with either a local school board or the minister of education in order to become autonomous administrators of the school. In return, the government provides full funding for each student.
Appendix A Provincial and Territorial Education Legislation Title of Act Years of compulsory education Years of entitled education Stated objectives Alternatives to public education Access to education for special needs or exceptional children Language of instuction British Columbia School Act R.S.B.C. 1996, c.412 6 to 16 (s. 3) 5 to 19 (s.1) Learners to develop their individual potential so as to become personally fulfilled and publicly useful. Home education is allowed if registered and an education program developed (s.13) Independent School Act (R.S.B.C. 1996, c. 216) classifies private schools within a four-tier system, same as School Act) Not in the Act English unless student falls within section 23 of the Charter H O W D O E S C A N A D A M E A S U R E U P ? Alberta School Act S.A 1988, c. S-3.1 6 to 16 (s.8) 6 to 19 (s.3) Paramount consideration is the best educational interest of the student. Diverse nature and heritage of Alberta society is recognized. Home education is allowed if supervised by board or school and education program is approved by Minister (s.23). Private schools (more than seven students from more than one family) allowed if education program approved by Minister. Schools are monitored and evaluated by Minister (s.22). Charter schools are allowed (s.24.1). Special needs defined as a behavioural, communicational, intellectual, learning, or physical characteristic. S.29 entitles qualified students to a special needs program. English unless student falls within section 23 of the Charter 93 Saskatchewan Education Act S.S.1995, c E-0.2 7 to 16 (s.142) 6 to 22 (s.142) Not mentioned Home education is allowed if registered with Minister. Registration involves meeting criteria set out in regulations. Independent schools are “controlled and administered by persons other than a public authority.” Must be registered with Minister and meet criteria in regulations. Special needs defined as personal limitations attributable to physical, mental, behavioural or communication disorders. Gifted pupils defined as superior natural ability or exceptional talent. English unless student falls within section 23 of the Charter Manitoba The Public Schools Act R.S.M. 1987. C.P250 7 to 16 (s.258) 6 to 21 (s.259) Not mentioned Private schools defined in the Education Administration Act They must provide a curriculum and standard of education equivalent to that provided by public schools Not in the Act English unless student falls within section 23 of the Charter
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THE UNCONVENTION ON THE RIGHTS OF T
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C A N A D I A N C O A L I T I O N F
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articles 13, 14 and 15 (cont’d)
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article 23 (cont’d) NEEDS DIALOGU
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article 28 and 29 (cont’d) NEEDS
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Article 13 The Right to Freedom of
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(c) freedom of peaceful assembly; a
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Promoting the Freedoms C A N A D I
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Endnotes C A N A D I A N C O A L I
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Page 44 and 45: C A N A D I A N C O A L I T I O N F
Page 54 and 55: Endnotes C A N A D I A N C O A L I
Page 68 and 69: Coalition Questionnaire: C A N A D
Page 76 and 77: Bibliography Children with Disabili
Page 96 and 97: Title of Act Years of compulsory ed
Page 98 and 99: Endnotes C A N A D I A N C O A L I
Page 108 and 109: Benefit of the Doubt C A N A D I A
Page 110 and 111: Visa Restrictions C A N A D I A N C
Page 112 and 113: Timeliness of the Process C A N A D
Page 114 and 115: Lack of appeal mechanism C A N A D
Page 122 and 123: Process and Protocols PROCESS: Key
Page 130 and 131: Positive Factor C A N A D I A N C O
Page 132 and 133: Concern C A N A D I A N C O A L I T
Page 140: This is aproject of the CanadianCoa
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Poste - Canadian Coalition for the Rights of Children

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