C-11, r. 6 - Regulation respecting the exemption from the application of the first paragraph of section 72 of the Charter of the French language which may be granted to children having serious learning disabilities

Updated to 1 September 2012

This document has official status.

chapter C-11, r. 6

Regulation respecting the exemption from the application of the first paragraph of section 72 of the Charter of the French language which may be granted to children having serious learning disabilities

Charter of the French language

(chapter C-11, ss. 81 and 93).

1. Children may be exempted from the application of the first paragraph of section 72 of the Charter of the French language (chapter C-11) if, at the time the request for exemption is made, they have serious learning disabilities and are in one of the following classes:

(1)  children having serious learning disabilities demonstrated by a generalized academic delay of 2 or more years;

(2)  children having serious learning disabilities demonstrated by a delay of 1 year or more in written communication or mathematics, if the disabilities are caused by characterized dyslexia, dyscalculia or dysorthographia that is persistent despite corrective intervention by a specialized teacher; or

(3)  children having serious learning disabilities demonstrated by a language, perception and psychomotor disability caused by a mental deficiency or by a severe socio-affective maladjustment or by a physical or sensory impairment that is persistent despite corrective intervention by a professional within the meaning of the Professional Code (chapter C-26) who is certified to treat such an impairment or deficiency in children.

For the purposes of this section, “specialized teacher” means a teacher who is the holder of a teaching diploma or teaching certificate with specialization in teaching children with learning disabilities or who is the holder of a teaching diploma and has not less than 1 year of experience in teaching children with learning disabilities.

O.C. 1758-93, s. 1.

2. A request for exemption from the application of the first paragraph of section 72 of the Charter by reason of serious learning disabilities shall be submitted to a school body.

The school body shall have the child evaluated by a psychologist designated by it and entered on the roll of the Ordre professionnel des psychologues du Québec.

For the purposes of this Regulation, school bodies include, in addition to those mentioned in the Schedule to the Charter, the private educational institutions governed by the Act respecting private education (chapter E-9.1).

O.C. 1758-93, s. 2.

3. The evaluation of the designated psychologist shall,

(1)  where the child is believed to be in one of the classes referred to in subparagraphs 1 and 2 of the first paragraph of section 1, be accompanied by a report stating reasons and indicating whether the child is in the class referred to in subparagraph 1 or in the class referred to in subparagraph 2 of the first paragraph of section 1; the report shall be based on the psychoeducational evaluation of an education consultant designated by the school body; the evaluation shall explain the situation of the child in relation to the school curricula;

(2)  where the child has serious learning disabilities believed to be caused by a physical or sensory impairment that is persistent despite corrective intervention by a professional referred to in subparagraph 3 of the first paragraph of section 1, be accompanied by a report stating reasons and indicating whether the child is in the class referred to in subparagraph 3; the report shall be based on a physician’s certificate establishing whether the child has such an impairment and shall state the physician’s name and address without indicating, however, the nature of the physical or sensory impairment;

(3)  where the child has serious learning disabilities believed to be caused by a mental deficiency or by a severe socio-affective malajustment, be accompanied by a report indicating whether the child is in the class referred to in subparagraph 3 of the first paragraph of section 1.

O.C. 1758-93, s. 3.

4. The school body shall forward the request for exemption, for a decision, to the person designated by the Minister of Education, Recreation and Sports under section 75 of the Charter, together with the psychologist’s evaluation and the child’s birth certificate, which must state his parents’ names. Failing such a birth certificate, any other official document issued by a competent authority and establishing the date of birth, sex and filiation of the child shall be produced.

O.C. 1758-93, s. 4.

5. Any request for exemption for the brother or sister of a child having serious learning disabilities who has been exempted from the application of the first paragraph of section 72 of the Charter shall be accompanied by a copy of the child’s certificate of eligibility and the birth certificate, stating the parents’ names, of the brother or sister for whom the request is made. Failing such a birth certificate, any other official document issued by a competent authority and establishing the date of birth, sex and filiation of the child shall be produced.

O.C. 1758-93, s. 5.

6. Where a request for eligibility is incomplete because the required information or documents have not been provided, the designated person shall notify in writing the person who made the request of the missing information or documents and the deadline by which such information or documents are to be provided. A copy of such notice shall be forwarded to the school body.

If the required information or documents are not provided within 90 days of the mailing date of the notice, the designated person shall make his decision on the basis of the incomplete request forwarded to him.

O.C. 1758-93, s. 6.

7. The designated person shall communicate in writing to the person who made the request his decision regarding the child’s eligibility to receive instruction in English. If the child is declared eligible, the designated person shall issue a certificate of eligibility.

The designated person shall inform the school body of his decision in writing.

O.C. 1758-93, s. 7.

8. (Omitted).

O.C. 1758-93, s. 8.

9. (Omitted).

O.C. 1758-93, s. 9.

REFERENCES

O.C. 1758-93, 1993 G.O. 2, 6921

S.Q. 1994, c. 40, s. 457