The Education Act is the provincial legislation that establishes the legal framework for education in Ontario. The Act covers a wide range of topics in education, including the laws around mandatory school age, attendance and absences, and the role of the attendance counselor. Compulsory attendance and excused absences are defined in the Education Act part II Section 21 (1) and (2).
Definitions:
Unexcused Prolonged Absence: is defined in the Enrolment Register Instructions as the absence of a pupil for 15 consecutive school days without appropriate supporting documentation.
Persistent/Chronic Absenteeism: In Ontario, the Ministry of Education defines persistent or chronic absenteeism as ‘any student/pupil who has missed 10% or more of school days for any reason, including unexcused or excused absences, over an academic year’.
At what age does a child have to start attending school? When can a student stop attending school? What is compulsory attendance in Ontario?
Although children are able to be enrolled to start kindergarten in September of the calendar year they turn 4, school is not mandatory at that age.
School attendance is mandatory for students between the ages of 6 and 17. Students must continue to attend school until they reach the age of 18 or until they graduate. Specifically, the Education Act 21(1) says that, unless excused,:
(a) every person who attains the age of six years on or before the first school day in September in any year shall attend an elementary or secondary school on every school day from the first school day in September in that year until the person attains the age of 18 years; and
(b) every person who attains the age of six years after the first school day in September in any year shall attend an elementary or secondary school on every school day from the first school day in September in the next succeeding year until the last school day in June in the year in which the person attains the age of 18 years. 2006, c. 28, s. 5 (1).
Here is an example from the 2023/2024 Enrolment Register Instructions which shows when a student is allowed to leave school during the 2023/2024 school year.
Compulsory School Age of the Current School Year
| If the pupil's 18 birthday occurs between: | The last compulsory school day is: |
| January 1 and June 30, 2024 | The day before the pupil's birthday |
| July 1 and August 31 2023 | June 30, 2023 |
| September 1 and December 31, 2023 | June 30, 2023 |
What are ‘excused absences’? Can I excuse my child’s absences? Can my youth excuse their own absences?
Excused absences are defined specifically in the Education Act section 21(2). A list of conditions under which a student may be excused from attending school is provided in The Act.
Although the OCDSB requires parents/caregivers to report absences to the school, these absences are not considered ‘excused’ unless they meet one of the conditions listed in The Act. Similarly, a youth is not able to excuse their own absences.