Helping parents without immigration status get their children into school

In Ontario, children have the right to attend school even if they or their parents do not have immigration status in Canada. The Canadian laws state that schools do not have the right to refuse a child admission into school who is under 18 years of age only because the child or the child’s parent or guardian is in Canada without immigration status. Children under 18 years of age without status in Canada do not need a study permit from Citizenship and Immigration Canada to go to school.

Children must attend school
In Ontario, the Education Act says that children over the age of 6 must attend school.

The Education Act:

A person who is otherwise entitled to be admitted to a school and who is less than eighteen years of age shall not be refused admission because the person or the person’s parent or guardian is unlawfully in Canada. (Section 49.1)

The Immigration and Refugee Protection Act
The Immigration and Refugee Protection Act also confirms children's right to go to school:

Every minor child in Canada, other than a child of a temporary resident not authorized to work or study, is authorized to study at the pre-school, primary or secondary level. (Subsection 30 (2))

If you need information or help to get your child registered at school, contact
CUIAS Immigrant Services at (416)767-4595.

Where to Get Legal Help?

If you have been unable to register your child for school because of your lack of status in Canada, you might want to contact a lawyer or a community legal clinic.

You can find the community legal clinic nearest you by visiting the Legal Aid Ontario website at http://www.legalaid.on.ca/en/contact/contact.asp?type=cl. Or, you can call Legal Aid Ontario at 1-800-668-8258 or 416-979-1446.

Justice for Children and Youth is a specialty legal clinic that deals with legal issues that affect children and young people under the age of 18. There is more information on their website at http://www.jfcy.org or you can call them at 1-866-999-5329 or 416-920-1633.

Where to Get More Information and Help?

The Right to Learn: Access to Public Education for Non-Status Immigrants, Social Planning Toronto, 2008
http://socialplanningtoronto.org/reports/the-right-to-learn-access-to-public-education-for-non-status-immigrants

No one is illegal
http://toronto.nooneisillegal.org/education
Education Not Deportation (END) is a campaign to raise awareness and organize around issues of migrant justice with schools and educators. It is also a coalition of members who want all students regardless of immigration status to be able to access education.

How to find a school board
http://www.edu.gov.on.ca/eng/sbinfo/boardList.html

http://www.tdsb.on.ca/boardroom/bd_agenda/uploads/generalinfo/100903%20STUDENT%20IMMIGRATION%20STATUS.PDF
Information package for TDSB schools about students without immigration status.

www.tcdsb.org/admissions/admissionofstudents.htm
Toronto Catholic District School Board information about admission of students without status.

Education Act
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90e02_e.htm#BK59

Policy/Program Memorandum No. 136 to the Education Act
http://www.edu.gov.on.ca/extra/eng/ppm/136.html

Do I have the right to attend school: Students and Parents legal guide on the Right to Attend School in Ontario, Justice for Children and Youth, 2006
http://www.jfcy.org/PDFs/RightToAttend-July06.pdf

Education resources from Settlement.Org
http://settlement.org/topics.asp?section=EDUCATION

Settlement Workers in Schools
http://swisontario.ca/Home
The Settlement Workers in Schools (SWIS) program places settlement workers from community agencies in elementary and secondary schools that have high numbers of newcomer students. The SWIS workers help parents and young people with settlement needs.

For detailed information visit:
http://atwork.settlement.org/sys/atwork_offsite_frame.asp?anno_id=2010344