Home education in Western Australia
Registration
1. phone your district office and ask for a registration form. Your registration is automatic and begins on the date on the certificate of registration and lasts indefinitely, unless cancelled.
For some home educators there can be a certain amount of uncertainty as to what their legal rights are. This can arise from various situations. Probably the main one being that home education moderators can and do make certain demands on the home educator that have no basis in law.I am not a lawyer so the information that I am providing is my understanding of the Act. I have successfully fought for my rights and the rights of other home educators using the reasonings and interpretations below. The information I am providing below is for everyday home education problems that you may facce. You would need to seek legal advice in more complicated cases.
The Act that governs schooling in Western Australia is the School Education Act 1999 (the Act). Division 6 of the Act deals with home education.
Division 6 — Home education
46. Definition
46. Definition
In this division _
“home educator” means a parent who is registered under section 48. (p. 32,33)
This means that under the law, to be a home educator, you must register as per section 48. Section 48 states:
48. Registration
(1) On receipt of a completed application under section 47(1) and
the documentary evidence required under section 47(2) the chief
executive officer is to —
(a) register the parent as the child’s home educator; and
(b) issue the parent with a certificate of registration.
(2) A child’s home educator is responsible for the child’s
educational programme from the day set out in the certificate as
the day of registration in respect of the child.
(3) The registration of a home educator in respect of a child has
effect indefinitely unless the registration is cancelled under
section 53.
(1) On receipt of a completed application under section 47(1) and
the documentary evidence required under section 47(2) the chief
executive officer is to —
(a) register the parent as the child’s home educator; and
(b) issue the parent with a certificate of registration.
(2) A child’s home educator is responsible for the child’s
educational programme from the day set out in the certificate as
the day of registration in respect of the child.
(3) The registration of a home educator in respect of a child has
effect indefinitely unless the registration is cancelled under
section 53.
You fill out an application form and provide the name/s of child/ren, copy of birth certificate/s, and your address. Section 47 of the Act (below) outlines this. You apply through the district office that services the school district that you live in. Once you have completed the paperwork you are automatically registered to home educate your child. You are now responsible for your child's educational programme, the date on your registration certificate is the date on which you become responsible for your child/s education. Your registration lasts indefinitely, unless it is cancelled under section 53. This means that you do not have to register again to home educate.
If you are home educating your child/ren from the beginning of their compulsory schooling you need to register before the last Friday of February in that year.
If your child/ren was/were in school you need to register the children within 14 days of them leaving school and tell the department (education) what school they were attending.
Your registration is automatic. You do not need to provide any other information other than that prescribed in the Act.
What some moderators say:
"Write a paragraph or letter as to why you want to home educate." This is nonsense. Simply say that you want the registration forms and you will fill them out and provide the required documents.
"That you have an annual visit to renew your registration to home educate." This is sometimes a section that they put in their report on your child/s programme and progress, which they tick. You don't re-register. Your registration lasts indefinitely. If this is on the report, I would ask that it be removed and tell them why. Put this in writing.
A
parent registered as the home educator of a child and the Department
lost the paperwork. The Department asked the parent to register again in
regard to this child. The parent refused as under section 48(3) the
registration lasted indefinitely. She went to the Ombudsman who agreed
with the parent The parent did not have to re-register the child.
Section 47 states:
47. Application for registration
(1) A parent of a child of compulsory school age who wishes to be
registered as the child’s home educator is to apply to the chief
executive officer and provide the following information to the
extent that he or she is asked to do so —
(a) the child’s date of birth;
(b) the names and usual place of residence of —
(i) the child; and
(ii) the child’s parents;
(c) the place at which the educational programme will
primarily be delivered if different from the child’s usual
place of residence;
(d) where applicable, the name of the school at which the
child is enrolled or was last enrolled; and
(e) any other information prescribed by the regulations.
(2) The chief executive officer may require documentary evidence
to be provided in support of any information supplied by the
applicant.
(3) An application may relate to more than one child.
(4) Subject to subsection (5), an application is to be made by the
last Friday in February in the first year for which the parent
wishes to be registered as the child’s home educator.
(5) If a child is enrolled in a school for a particular year and a
parent of the child wishes to be registered as the child’s home
educator in that year, the application is to be made within
14 days after the last day on which the child was recorded as —
(a) attending, or participating in an educational programme
of, the school at which the child was enrolled; or
(b) otherwise complying with section 23.
(1) A parent of a child of compulsory school age who wishes to be
registered as the child’s home educator is to apply to the chief
executive officer and provide the following information to the
extent that he or she is asked to do so —
(a) the child’s date of birth;
(b) the names and usual place of residence of —
(i) the child; and
(ii) the child’s parents;
(c) the place at which the educational programme will
primarily be delivered if different from the child’s usual
place of residence;
(d) where applicable, the name of the school at which the
child is enrolled or was last enrolled; and
(e) any other information prescribed by the regulations.
(2) The chief executive officer may require documentary evidence
to be provided in support of any information supplied by the
applicant.
(3) An application may relate to more than one child.
(4) Subject to subsection (5), an application is to be made by the
last Friday in February in the first year for which the parent
wishes to be registered as the child’s home educator.
(5) If a child is enrolled in a school for a particular year and a
parent of the child wishes to be registered as the child’s home
educator in that year, the application is to be made within
14 days after the last day on which the child was recorded as —
(a) attending, or participating in an educational programme
of, the school at which the child was enrolled; or
(b) otherwise complying with section 23.
Section 23 states: subsection (ii) affects home educators.
23. Attendance
(1) A student must on the days on which the school is open for
instruction —
(a) either —
(i) attend the school at which he or she is enrolled;
or
(ii) otherwise participate in an educational
programme of the school whether at the school
or elsewhere,
as required by the principal; or
(b) comply with an arrangement under section 24.
(2) Subsection (1) has effect subject to —
(a) section 25 (which relates to non-attendance for
reasonable cause);
(b) section 27 (which enables a principal to require
non-attendance for health reasons); and
(c) section 30 (which allows non-attendance at a
government school for a recognized religious or cultural
observance).
(3) Subsection (1) is enforceable under Division 5.
(1) A student must on the days on which the school is open for
instruction —
(a) either —
(i) attend the school at which he or she is enrolled;
or
(ii) otherwise participate in an educational
programme of the school whether at the school
or elsewhere,
as required by the principal; or
(b) comply with an arrangement under section 24.
(2) Subsection (1) has effect subject to —
(a) section 25 (which relates to non-attendance for
reasonable cause);
(b) section 27 (which enables a principal to require
non-attendance for health reasons); and
(c) section 30 (which allows non-attendance at a
government school for a recognized religious or cultural
observance).
(3) Subsection (1) is enforceable under Division 5.
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