Provision of home education
128 (1) A parent may provide a home education program to a child of the parent centered in the child's home.
(2) A parent providing a home education program to a child shall
(a) register the child for each school academic year with the Minister; and
(b) report the child's progress to the Minister,
as prescribed by the regulations.
(3) With the approval of the school board, a child in a home education program may attend courses offered by a school board, subject to any terms and conditions prescribed by the school board.
(4) The Minister may require the parent of a child in a home education program to provide evidence of the child's educational progress by providing one or more of the following as the parent determines:
(a) results of a standardized test;
(b) an assessment from a qualified assessor;
(c) a portfolio of the child's work,
as prescribed by the regulations.
(5) Notwithstanding subsection (4), where, in the Minister's opinion, further evidence of a child's educational progress is required, the Minister may appoint an independent assessor, as prescribed by the regulations, to assess and report to the Minister whether
(a) the child is making reasonable educational progress;
(b) the home education program is adequately addressing the child's needs; and
(c) the available public school program will do more to further the child's educational progress than the home education program.
(6) A parent may request that a child in a home education program be assessed through an assessment instrument authorized by the Minister in order to determine the child's educational progress, in accordance with the regulations.
(7) When, following participation in a home education program, a child enrolls in a public school, the school board shall determine the child's grade placement. 1995-96, c. 1, s. 128.
Termination of right to provide home education
129 (1) A parent may not provide or continue to provide a home education program to a child if, based on the evidence provided pursuant to subsection 128(4) and the report made pursuant to subsection 128(5), the Minister determines that
(a) the home education program does not meet the requirements of this Act and the regulations; or
(b) the child is not making reasonable educational progress as determined by the child's performance as measured pursuant to subsection 128(4).
(2) Before making a determination pursuant to subsection (1), the Minister shall
(a) notify the parent, in writing, by registered mail of the Minister's intent to make the determination; and
(b) give the parent an opportunity to make representation to the Minister in writing as to why the home education program should be provided or continued. 1995-96, c. 1, s. 129 .
Duties and rights of private school
131 (1) A private school shall
(a) meet local health, safety and building standards;
(b) provide statistical information with respect to the school, as required by the Minister; and
(c) where requested by the Minister, provide evidence that students are making reasonable educational progress appropriate for their age and grade level based upon results of nationally or internationally recognized standardized achievement tests.
(2) The Minister may appoint or designate a regional education officer to assess a private school, including its teachers, its educational programs and its instructional materials, to inspect its facilities and to perform such other duties with respect to the private school as the Minister may require.
(3) A private school may offer a religious-based curriculum. 1995-96, c. 1, s. 131.
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