C-11, r. 2.1 - Regulation respecting the criteria and weighting used to consider instruction in English received in a private educational institution not accredited for the purposes of subsidies

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chapter C-11, r. 2.1
Regulation respecting the criteria and weighting used to consider instruction in English received in a private educational institution not accredited for the purposes of subsidies
CHARTER OF THE FRENCH LANGUAGE — CRITERIA AND WEIGHTING USED — INSTRUCTION IN ENGLISH
Charter of the French language
(chapter C-11, s. 73.1)
C-11
September 1 2012
DIVISION I
OBJECT AND SCOPE
1. The purpose of this Regulation is to determine the analysis framework to be used for eligibility requests referred to in section 2 in order to assess whether instruction received in English constitutes the major part of the instruction received by a child.
O.C. 862-2010, s. 1.
2. This Regulation applies to all requests for eligibility to receive instruction in English, submitted under paragraphs 1 and 2 of section 73 of the Charter of the French language (chapter C-11), in which the instruction invoked in support of the request was received in Québec after 1 October 2002 in one or more private educational institutions not accredited for the purposes of subsidies that hold a permit under the Act respecting private education (chapter E-9.1).
Despite the first paragraph, this Regulation does not apply to an eligibility request when the instruction received in English invoked in support of the request was received in an institution that ceased operating during the period from 1 October 2002 to 22 October 2010.
Nor does it apply when the elementary- or secondary-level instruction invoked in support of the request was received in an institution that offers only some of its classes in English at that level of instruction.
O.C. 862-2010, s. 2.
DIVISION II
CRITERIA, INTERPRETIVE PRINCIPLES AND PASSING SCORE
3. The criteria and weighting to be used in assessing whether instruction received in English constitutes the major part of the instruction received by a child are described in Schedule 1 under the 3 following divisions:
Division 1- “Schooling
This division deals with the duration of the instruction received in English that is liable to reveal a genuine commitment to pursue studies in English, given the environment in which the schooling invoked in support of the request took place.
Among other elements, the following are considered: the different types of educational institutions attended and the characteristics of their enrolments that illustrate their relationship with the Québec anglophone minority, as well as any special educational projects or programs of study the institution offers to meet the needs of certain groups of students.
Division 2- “Consistent, true commitment
This division deals with the family context and other elements of the child’s environment that may shed light on the authenticity of the commitment to an English-language education, especially in terms of the continuity and consistency of this commitment.
Division 3- “Specific situation and overall education
This division deals with related or distinct contextual elements that allow a more in-depth assessment, with respect to the child’s personal and family situation, of the authenticity of the commitment made.
This division makes it possible to complete, enrich or nuance the assessments made under the previous divisions, as needed, according to the circumstances and contexts specific to the case examined. Specifically, this division concerns elements other than those explored under the previous divisions, such as what prompted the choice of or change in educational institution, when this choice or change was made during the child’s schooling, the instruction received in a language other than English by the parents of the child concerned, the importance of continuity in the context of special programs as well as the proportion of courses received in each language of instruction.
O.C. 862-2010, s. 3.
4. When interpreting and applying Schedule 1, in particular Division 3, it is important, among other things, to make a distinction between cases that demonstrate a genuine commitment to an English-language education, and cases where attendance at a private educational institution described in the first paragraph of section 2 could simply denote a desire to create an artificial educational pathway in order to circumvent the Charter of the French language.
O.C. 862-2010, s. 4.
5. For an eligibility request submitted under section 2 to be granted, a passing score of 15 points, calculated according to the weighting set out in Schedule 1, must be attributed to it.
An eligibility request that is attributed this 15-point passing score is nonetheless subject to all other applicable conditions, including the requirement to provide proof of citizenship or proof of filiation
O.C. 862-2010, s. 5.
DIVISION III
CLASSIFICATION OF INSTITUTIONS AND OTHER RULES FOR APPLYING SCHEDULE I AND THE WEIGHTING SYSTEM
§ 1.  — Application of Schedule 1
6. All divisions of Schedule 1 are applicable to eligibility requests referred to in section 2, whether submitted under paragraph 1 or paragraph 2 of section 73 of the Charter of the French language (chapter C-11), except for subdivisions 2.2 and 2.3 of Schedule 1, which do not apply to requests submitted under paragraph 1 of section 73 of the Charter.
O.C. 862-2010, s. 6.
§ 2.  — Classification of institutions
7. In this Regulation, “private educational institution” means a private educational institution described in the first paragraph of section 2 that offers elementary- or secondary-level instructional services, or both, and that offers one or more courses in English, in addition to the English course.
O.C. 862-2010, s. 7.
8. A private educational institution may be given more than one of the classifications defined below, depending on its characteristics and the rules set out in this Regulation.
A classification is assigned for each level of instruction, elementary or secondary, offered by the institution, subject to the situation referred to in paragraph 2 of the definition of a type A English-language institution given in section 9, where the classification assigned applies to both levels of instruction.
When a permit issued under the Act respecting private education (chapter E-9.1) authorizes the operation of more than one facility, a classification must also be assigned to each facility in which instructional services are provided.
O.C. 862-2010, s. 8.
9. In this Regulation,
type A English-language institution” means a private educational institution to which one of the following situations applies:
(1)  60% or more of the students enrolled in the first 3 years of elementary or secondary school have a certificate of eligibility or a special authorization to receive instruction in English under the Charter of the French language (chapter C-11); or
(2)  the institution provides elementary- and secondary-level instruction and satisfies the following 2 criteria:
(a)  70% or more of the students at the elementary level go on to attend the institution throughout their secondary studies; and
(b)  70% or more of the hours of instruction are provided in English, at both the elementary and secondary levels, the proportion of English instruction having been determined by the institution concerned and certified by a member of the professional order of accountants authorized by law to audit books and accounts;
type B English-language institution” means a private educational institution that is not a type A or type C institution;
type C institution” means a private educational institution that is specially dedicated to providing bilingual or multilingual learning to students in the context of an immersion or other program and less than 60% of whose students have a certificate of eligibility or special authorization to receive instruction in English under the Charter of the French language;
“French-language institution” means a public French-language school or a private educational institution, subsidized or not, whose elementary- and secondary-level courses, with the exception of language courses, including English courses, are offered in French.
O.C. 862-2010, s. 9.
10. Private educational institutions that have been providing instructional services for 3 years or less and that were not created following the division or merger of existing private educational institutions are temporarily considered, during their first 3 years of operation, as type C educational institutions whose percentage of students who have a certificate of eligibility or an authorization to receive instruction in English is between 0% and 25%.
O.C. 862-2010, s. 10.
§ 3.  — Other rules for applying Schedule 1 and the weighting system
11. The following rules apply in the calculation of a percentage mentioned in this Regulation:
(1)  percentages must be calculated annually for each institution by averaging the percentages for the previous 3 school years;
(2)  in the case of educational institutions created following the division or merger of existing educational institutions, the calculation must take into account the percentages of the institution or institutions from which they originate;
(3)  the percentage of students who are eligible to receive instruction in English is based on the number of students in the first 3 grades of elementary education or the first 3 grades of secondary education offered by the institution, depending on the case;
(4)  fractions are rounded up to the next whole number; and
(5)  data from the Ministère de l’Éducation, du Loisir et du Sport is used to calculate the percentage; the department makes the data available as well as the classification assigned to educational institutions on the basis of the data.
O.C. 862-2010, s. 11.
12. If the instruction invoked in support of an eligibility request was received in private educational institutions that have different classifications, subdivision 1.1 of Schedule 1 is applied to the most significant portion of the instruction received. However, if no instruction clearly stands out, points are attributed to each educational institution attended as though it had provided the child’s entire schooling and the average number of points for those institutions is retained.
O.C. 862-2010, s. 12.
DIVISION IV
TRANSITIONAL AND FINAL PROVISIONS
13. Despite paragraph 1 of section 11, during the first 3 years of application of this Regulation, percentages for a given year are based on the average of the percentages for the previous 2 school years.
O.C. 862-2010, s. 13.
14. For the period from 22 October 2010 to 30 June 2011, and for the 2011-2012 school year, the percentage of students attending a private educational institution who have a certificate of eligibility or a special authorization to receive instruction in English under the Charter of the French language (chapter C-11) is the higher of
(1)  the percentage determined in accordance with the provisions of Division III; and
(2)  the percentage that corresponds to the average of the percentages of elementary school students who attended secondary school, in the previous 2 years, at a school under the jurisdiction of an English-language school board, a private English-language educational institution accredited for the purposes of subsidies under the Act respecting private education (chapter E-9.1), or the same institution.
O.C. 862-2010, s. 14.
15. The percentage determined for the period from 22 October 2010 to 30 June 2011 is deemed to have remained the same since 1 October 2002 for the elementary or secondary school enrolments of the same institution, or, if the institution began operating after that date, since it began operating.
O.C. 862-2010, s. 15.
16. (Omitted).
O.C. 862-2010, s. 16.
SCHEDULE 1
(s. 3)
DIVISION 1 “Schooling” (section 3)
§1.1 Duration of English school attendance invoked in support of the eligibility request, according to the type of educational institution and the characteristics of its enrolments
Type A English-language institution
___________________________________________________________________________________

Total school attendance Type A English-language institution Weighting
___________________________________________________________________________________

1 year elementary and secondary +2
___________________________________________________________________________________

2 years elementary +6
elementary and secondary +6
secondary +8
___________________________________________________________________________________

3 or 4 years elementary +15
3 years elementary and secondary +15
___________________________________________________________________________________

3 years secondary +15
___________________________________________________________________________________

5 years elementary +17
4 or 5 years elementary and secondary +18
___________________________________________________________________________________

6 years elementary +20
___________________________________________________________________________________

4 or 5 years secondary +25
__________________________________________________________________________________

6 to 9 years elementary and secondary +30
__________________________________________________________________________________

10 or 11 years elementary and secondary +35
__________________________________________________________________________________


Type B English-language institution
__________________________________________________________________________________

Total school attendance Type B English-language institution Weighting
___________________________________________________________________________________

Institution where 0% to 25% of the
enrolments hold a certificate of
eligibility or a special authorization
to receive instruction in English:

2 to 3 years elementary or secondary, or both +3
4 to 6 years elementary or secondary, or both +8
7 to 11 years elementary and secondary +13
___________________________________________________________________________________

Institution where 26% to 40% of the
enrolments hold a certificate of
eligibility or a special authorization
to receive instruction in English:

2 to 3 years elementary or secondary, or both +4
4 to 6 years elementary or secondary, or both +10
7 to 11 years elementary and secondary +16
___________________________________________________________________________________

Institution where 41% to 59% of the
enrolments hold a certificate of
eligibility or a special authorization
to receive instruction in English:

2 to 3 years elementary or secondary, or both +5
4 to 6 years elementary or secondary, or both +13
7 to 11 years elementary and secondary +21
___________________________________________________________________________________


Type C institution
___________________________________________________________________________________


Total school attendance Type C institution Weighting
___________________________________________________________________________________

Institution where 0% to 25% of the
enrolments hold a certificate of
eligibility or a special authorization
to receive instruction in English:

2 to 3 years elementary or secondary, or both +2
4 to 6 years elementary or secondary, or both +5
7 to 11 years elementary and secondary +8
___________________________________________________________________________________

Institution where 26% to 40% of the
enrolments hold a certificate of
eligibility or a special authorization
to receive instruction in English:

2 to 3 years elementary or secondary, or both +3
4 to 6 years elementary or secondary, or both +7
7 to 11 years elementary and secondary +11
___________________________________________________________________________________

Institution where 41% to 59% of the
enrolments hold a certificate of
eligibility or a special authorization
to receive instruction in English:

2 to 3 years elementary or secondary, or both +4
4 to 6 years elementary or secondary, or both +9
7 to 11 years elementary and secondary +14
___________________________________________________________________________________
§1.2 Type and availability of special programs of study
___________________________________________________________________________________

Special mission or purpose Weighting
___________________________________________________________________________________

Attendance at an institution most of whose enrolments are 0 to +5
students requiring special services because of a physical
or mental handicap, behavioural problems, social
maladjustments, learning difficulties or other similar problems
___________________________________________________________________________________
DIVISION 2 “Consistent, true commitment” (section 3)
§2.1 Changes or inconsistencies in terms of the language of instruction during the schooling invoked in support of the eligibility request
___________________________________________________________________________________

Length of interruption French-language institution* Weighting
or change in language
of instruction or school

___________________________________________________________________________________

1 year elementary (-3)
___________________________________________________________________________________

2 years elementary (-3 per year)

___________________________________________________________________________________

3 or more years elementary (-5 per year for
each additional
year after the
first 2 years)
___________________________________________________________________________________

1 year secondary (-5)
___________________________________________________________________________________

2 years secondary (-5 per year)

___________________________________________________________________________________
3 or more years secondary (-8 per year for
each additional
year after the
first 2 years)
___________________________________________________________________________________
* Enrolment in a French-language institution is not considered if motivated by the availability of special services needed because of a physical or mental handicap, behavioural problems, social maladjustments, learning difficulties or other similar problems. Similarly, the period of enrolment in a French-language institution is to be disregarded if ascribable to the student’s participation in a special program of studies with limited access or availability, such as sports-study or music-study programs.
§2.2 Continued commitment, changes or inconsistencies in siblings’ school attendance
In this division, “siblings” means
(1) brothers and sisters who attended elementary or secondary school during the period when the child concerned was also enrolled in elementary or secondary school, or
(2) brothers and sisters who attended such an institution during the 5 years before or after the child concerned received elementary or secondary school instruction.
___________________________________________________________________________________

Siblings Language of instruction and type of Weighting
educational institution

___________________________________________________________________________________

No siblings ­
___________________________________________________________________________________

1 or more siblings Siblings attended a type A English-language +2
institution at the elementary or secondary
level for a total of 1 year
of instruction
___________________________________________________________________________________

1 or more siblings Siblings attended a type A English-language +5
institution at the elementary or secondary
level for a total of 2 years
of instruction
___________________________________________________________________________________


1 or more siblings Siblings attended a type A English-language +8
institution at the elementary or secondary
level for a total of 3 or 4 years
of instruction
___________________________________________________________________________________

1 or more siblings Siblings attended a type A English-language +15
institution at the elementary or secondary
level for a total of 5 or 8 years
of instruction
___________________________________________________________________________________

1 or more siblings Siblings attended a type A English-language +20
institution at the elementary or secondary
level for a total of 9 or more years
of instruction
___________________________________________________________________________________

1 or more siblings Siblings attended a French-language (-2)
institution** at the elementary or
secondary level for a total of 1 year
of instruction
___________________________________________________________________________________

1 or more siblings Siblings attended a French-language (-5)
institution** at the elementary or
secondary level for a total of 2 years
of instruction
___________________________________________________________________________________

1 or more siblings Siblings attended a French-language (-15)
institution** at the elementary or
secondary level for a total of 3 or 4 years
of instruction
___________________________________________________________________________________

1 or more siblings Siblings attended a French-language (-20)
institution** at the elementary or
secondary level for a total of 5 or 8 years
of instruction
___________________________________________________________________________________

1 or more siblings Siblings attended a French-language (-30)
institution** at the elementary or
secondary level for a total of 9 or more years
of instruction
___________________________________________________________________________________
** Enrolment in a French-language institution is not considered if motivated by the availability of special services needed because of a physical or mental handicap, behavioural problems, social maladjustments, learning difficulties or other similar problems. Similarly, the period of enrolment in a French-language institution is to be disregarded if ascribable to the student’s participation in a special program of studies with limited access or availability, such as sports-study or music-study programs.
§2.3 Continued and consistent commitment in relation to the parents’ mobility
In this division, “parents” means the parents of the child concerned for the purposes of an eligibility request submitted under paragraph 2 of section 73 of the Charter of the French language.
___________________________________________________________________________________

Length of residency elsewhere Parents Weighting
in Canada (without receiving
elementary- or secondary-level
instruction in French)

___________________________________________________________________________________

More than 10 years out of the 1 parent +5
20 years preceding the beginning
of the schooling invoked in support 2 parents +8
of the eligibility request
___________________________________________________________________________________
DIVISION 3 “Specific situation and overall education” (section 3)
___________________________________________________________________________________

Related or distinct contextual elements that allow a -8 to +8
more in-depth assessment, with respect to the child’s
personal family situation, of the authenticity of the
commitment made
___________________________________________________________________________________
O.C. 862-2010, Sch. 1.
REFERENCES
O.C. 862-2010, 2010 G.O. 2, 2821A
S.Q. 2012, c. 11, s. 32