Area of Law: Education & School Law
Answer # 1406
Public and private schools
Region: Ontario Answer # 1406Both public and private schools must meet certain requirements set out in the Ontario Education Act, however, unlike public schools, private schools receive no funding from the government and run as a business or non-profit organization. As of November 2022, there were over 1,400 private schools in Ontario, and almost 5,000 public schools.
What is a ‘public’ school?
In Ontario, a “public” school refers to a school that is funded by the government and operated by a publicly elected school board. Public schools in Ontario are secular (non-religious) schools that provide education to students of all faiths and backgrounds. They are commonly referred to as “publicly funded” schools, or “government-funded” schools.
Ontario’s public school system consists of the following four types of schools:
- English Public schools
- English Catholic schools
- French Public schools
- French Catholic schools
Education in a public school consists of three stages:
- Early childhood education (children from birth to age 5)
- Elementary school (grade 1 to grade 8)
- Secondary (high) school (grades 9-12)
What is the role of school boards?
Public schools are run by school boards. Public school boards have several duties as per the Education Act. These include:
- Section 169(1) – operate and maintaining public schools in their district.
- Section 169(2) – provide a program of instruction for students in their district, which includes a curriculum designed to meet the needs of all students.
- Section 171 – provide a range of programs and services to support student learning and well-being.
More information about Ontario’s public school system can be found from the Ministry of Education.
Catholic Schools
In Canada, the provision of Catholic schools varies by province. Constitutionally, the right to denominational (relating to a particular religion) schools is protected by section 93 of the Constitution Act (1867). Section 93 states that Catholic schools have the right to exist and receive public funding if they existed at the time the Constitution Act was enacted.
Although Catholic schools are part of the Ontario public school system as they are publicly funded, they are considered separate schools that operate under the authority of the Catholic school board. Both public and Catholic schools are all inclusive, meaning students of any race, culture, faith and background can attend, however, Catholic schools are faith-based with a religious-based curriculum.
For more information on Catholic Schools in Ontario, refer to the Ontario Catholic School Trustees’ Association (OCSTA).
What is a ‘private’ school?
In Ontario, a “private” school refers to a school that is not funded by the government and operates independently of the publicly funded school system. Students must pay to attend a private school. Private schools in Ontario are also commonly referred to as “independent” schools, “non-public” schools, or “non-government” schools.
There are faith-based private schools, including Catholic, Jewish, Anglican and Islamic. Single-sex private schools exist along with co-ed.
Other factors that set private schools apart from public are that:
- They are not regulated, licensed, or accredited by the Ministry of Education;
- They set open policies and procedures regarding the operation of their schools;
- They are not required to use the provincial report cards;
- Additional requirements exist for private schools wishing to grant credits toward the Ontario Secondary School Diploma (OSSD);
- Principals and teachers in private schools are not required to be certified by the Ontario College of Teachers; and
- They are subject to periodic inspections by the Ontario Ministry of Education to ensure that they are meeting basic standards for education.
Private schools can develop their own curriculum and teaching methods, so long as they meet the basic requirements for education found in the Education Act.
The Ministry of Education requires that private schools must have the following to operate:
- a principal in charge of the school
- control of quality of instruction and evaluation of student achievement
- control of content of the program or course of study
- a common school-wide assessment and evaluation policy
- a common procedure for reporting to parents
- a common school-wide attendance policy
- a central office for the maintenance of student records
Homeschooling
For information about the legal responsibility of parents to ensure that children receive an education, which can include homeschooling, view topic 1401 Duties and rights of parents.
More info
More information on Ontario private schools can be found on ontario.ca. Visit the Ministry of Education website for a list of all private schools in Ontario.
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