Media advisory, web version

(Montreal, August 20th, 2018) Among the thousand children who have been excluded from Quebec schools, some should finally become students next week, following changes to the law on public education. The overwhelming majority these children now have the right to free schooling.

The Education Across Borders Collective is concerned however that many will not yet attend schools, especially in the case of families at risk of deportation, if the new law isn’t applied rigourously.

According to Bill 144, which came into effect on July 1st 2018, any child who’s legal guardian is ordinarily resident of Quebec has the right to free schooling until the end of high school (or the age of 18). An document sent by the minister to school boards specifies that a proof of address should be sufficient to demonstrate “ordinary residence”, and that a birth certificate will normally demonstrate legal guardianship of the child.

While the Education Across Borders Collective was reassured to learn that a proof of address will be sufficient to demonstrate that a family lives in Quebec, it is nonetheless concerned that some families don’t have access to the forms of proof normally required by school boards, and asks whether school boards will shown sufficient flexibility in this regard.

School boards have even more discretionary power with regards to children who live with a family member other than their legal guardian (if the legal guardian lives elsewhere than Quebec), since these children are still excluded from the right to free education. They can only attend school if granted individual exemptions by the school boards or the ministry of education, for humanitarian reasons.

The children most likely to remain excluded from school this year are those who live (often for years) in fear of a potential deportation. Such families often find it difficult to affirm their rights, may be afraid of giving their address to a public institution, and may withdraw from the registration process or even withdraw children from school in the event that school or school board officials insist on knowing about the family’s immigration status.

Important work remains to ensure that schools and school boards build trust with families without status. It is concerning that some of them may continue to ask questions about the family’s immigration status, even if the law species that immigration documents cannot be required for registration, and that access to free schooling no longer depends on immigration status. Additionally, it is not clear whether some school boards will continue to ask all families, during registration, to sign a document that includes permission to communicate with Immigration Canada.

The Education Across Borders Collective invites anyone interested in better understanding the situation to a press conference that will take place on Thursday August 23rd 2018, from 9:30 to 10:30 am, at the School of Community and Public Affairs, 2153 Mackay street, between Sherbrooke and de Maisonneuve (a 3 minute walk from Guy-Concordia metro station).

For any questions : info@collectifeducation.org