BC School Act: Home Education

Sections of Bill 67 - 1989 of the BC School Act Related to Home Education

Division 4: Home Education

12. A parent of a child who is required to enroll in an educational program provided by a board under section 3 may educate the child at home or elsewhere in accordance with this Division and shall provide that child with an educational program.

Bill 67: The Details
Section 12: Registration

(1) A parent of a child who is required under section 12 to provide the child with an educational program shall register the child on or before September 30 each year with
(a) a school of the parent's choice that is operating in the school district in which the parent resides,
(b) a regional correspondence school providing services to the school district in which the parent resides or with the minister if no regional correspondence school provides service to that district or,
(c) an independent school operating in British Columbia.

(2) If a parent wishes to have his or her child with a school in accordance with subsection (1), the board having jurisdiction over the school shall ensure that the administrative officer responsible for that school registers the child.

(3) A school that registers a child under this section shall provide that child with access to educational services in accordance with the regulations.

(4) A person who contravenes subsection (1) commits an offense.

Section 3: The Registering School's Obligation

(1) A school that registers a child under section 13 (1) (a) or (b) of the Act shall offer free of charge
(a) evaluation and assessment services sufficient to enable the parents of the child to determine the educational progress achieved by the child in relation to students of similar age and ability, and
(b) the loan of educational resource materials that are authorized and recommended by the minister, (i) which, in the board's opinion, are sufficient to enable the child to pursue his or her educational program, and (ii) which will be offered to the child on a similar basis to the offer of such educational resource materials to students.
(2) With the permission of a board, a child registered under section 13 (1) (a) or (b) of the Act may attend educational programs offered by the board subject to any terms and conditions established by the board, including the payment of any fee.

Section 14: Power to Report
(Minister's Order '89)

(1) A person who believes that:
(a) a child who is required to be registered under section 13 is not so registered or,
(b) a child who is being educated in accordance with section 12 is not receiving an educational program* may report that belief to the superintendent of schools for the district in which that child resides.

(2) On receipt of a report under this section, the superintendent shall take such action as is required by the orders of the minister.

(3) No action lies against:
(a) a person making a report under subsection (1), or
(b) the superintendent in respect of an action taken under subsection (2) unless the report is made or the action is taken maliciously. 
 
*"Educational program" means an organized set of learning activities that, in the opinion of:
 (a) the board, in the case of learning activities provided by the board
 (b) the minister, in the case of activities in Provincial school, or
 (c) the parent, in the case of learning activities provided to a child registered under section 13, is designed to enable learners to develop their individual potential and to acquire the knowledge, skills and attitudes needed to contribute to a healthy pluralistic society and a prosperous and sustainable economy.

Section 1: Investigation by Superintendent Order
Investigation of Registration

(1) Where a superintendent of schools receives a report that a child who is required to be registered under section 13 of the School Act is not so registered, the superintendent shall investigate the report and shall discuss the report with a parent of the child.

(2) If the superintendent of schools determines that the child is not registered as required by section 13 of the School Act, the superintendent shall advise a parent of the child of the obligation to register.

(3) If the parent of the child refuses to register the child then the superintendent of schools shall inform the police having jurisdiction over the area in which the parent resides.

Section 2: Investigation of educational program

(1) Where a superintendent of schools receives a report that a child who is being educated in accordance with section 12 of the School Act is not receiving an educational program, the superintendent shall investigate the report and shall discuss the report with a parent of the child.

(2) A superintendent of schools investigating a report under subsection (1) may request the assistance of the Superintendent of Family and Child Service designated under the Family and Child Service Act in the conduct of the investigation.

(3) Where, after investigation, the superintendent of schools believes that a child is not receiving an educational program and that the child is in need of protection, the superintendent shall report that belief to the Superintendent of Family and Child Service.

(4) The superintendent of schools shall provide the Superintendent of Family and Chilled Service with advice on educational matters pertaining to the child under investigation.