E-9.1, r. 3 - Regulation respecting private educational institutions at the preschool, elementary school and secondary school levels

Updated to 1 September 2012

This document has official status.

chapter E-9.1, r. 3

Regulation respecting private educational institutions at the preschool, elementary school and secondary school levels

Act respecting private education

(chapter E-9.1, s. 112).

CHAPTER I INTRODUCTORY

1. The word “institution”, used in this Regulation to refer to the subject of rights or obligations, means the person operating the institution to which the provision concerned applies.

M.O. 93-09-01, s. 1.

2. In the case of a body not endowed with legal personality, the provisions of this Regulation shall apply as if the body were endowed with legal personality; the obligation to comply with those provisions lies with the persons responsible for the administration of the body.

In the case of a contractual partnership within the meaning of the Civil Code, the obligation lies with both the partnership and the partners.

M.O. 93-09-01, s. 2.

CHAPTER II STANDARDS RELATING TO DISTANCE EDUCATION

3. An institution wishing to obtain authorization to dispense, as distance education, the educational services mentioned in its permit shall

(1)  provide a complete list of persons called upon to provide support or help to the student in his learning activities and a curriculum vitae for each of those persons; and

(2)  provide a description of its correction service for assignments and examinations completed by the students.

M.O. 93-09-01, s. 3.

4. The authorization shall specify the programs of study which the institution is authorized to dispense as distance education.

M.O. 93-09-01, s. 4.

5. An institution shall be in a position to provide the student with the instructional material required to pursue his studies and the manuals or textbooks required to help the student in his assignments.

M.O. 93-09-01, s. 5.

6. An institution shall, not later than 15 days following the receipt of assignments or examinations sent by a student enrolled in distance education services, notify the student of the results of the evaluation of the assignments or examinations carried out by the institution.

M.O. 93-09-01, s. 6.

CHAPTER III FORM AND TENOR OF STUDENT RECORDS AND THE REGISTER OF ENROLLMENT AN INSTITUTION MUST KEEP

7. An institution shall keep a record for each student containing at least the following documents:

(1)  applications for admission and enrollment and any related documents;

(2)  his birth certificate;

(3)  proof of school attendance on the dates set in the budgetary rules established under section 84 of the Act respecting private education (chapter E-9.1), where applicable;

(4)  the official enrollment form;

(5)  where applicable, proof of eligibility to receive instruction in the English language or a derogation granted by the Minister;

(6)  where applicable, a copy of the notice of departure;

(7)  the results obtained by the student in each subject; and

(8)  a copy of the enrollment form or of the educational service contract entered into by the institution and the student or client.

M.O. 93-09-01, s. 7.

8. An institution shall keep a register of student enrollment and shall enter in the register, for each student,

(1)  his name;

(2)  his address at his residence;

(3)  his date of birth;

(4)  the language of instruction in which services are dispensed; and

(5)  the name of the holder of parental authority, in the case of a student who is a minor.

M.O. 93-09-01, s. 8.

CHAPTER IV ACCREDITATION FOR PURPOSES OF SUBSIDIES

9. Any application for accreditation for purposes of subsidies or any application for modification of an accreditation shall be submitted to the Minister not later than 1 September preceding the school year referred to in the application.

The application shall contain the information and the documents set out in the Schedule.

M.O. 93-09-01, s. 9.

CHAPTER V RULES FOR DETERMINING THE FINANCIAL CONTRIBUTION REFERRED TO IN SECTION 93 OF THE ACT

10. The maximum amount of the financial contribution which may be required of a student for educational services, including admission or enrollment fees and other services of a similar nature, as prescribed in the first paragraph of section 93 of the Act respecting private education (chapter E-9.1), shall be equal to the base amount allocated for that student.

M.O. 93-09-01, s. 10; M.O. 98-03-27, s. 1.

CHAPTER V.1

(Revoked)

M.O. 97-08-14, ss. 1 and 2; M.O. 99-01-27, s. 1.

10.1. (Revoked)

M.O. 97-08-14, s. 1; M.O. 99-01-27, s. 1.

10.2. (Revoked).

M.O. 97-08-14, s. 1; M.O. 99-01-27, s. 1.

10.3. (Revoked)

M.O. 97-08-14, s. 1; M.O. 99-01-27, s. 1.

CHAPTER VI RULES FOR DETERMINING THE CHARGE REFERRED TO IN SECTION 67 AND THE ADMISSION OR ENROLLMENT FEES REFERRED TO IN SECTION 70

11. The maximum amount of the charge to determine admissibility referred to in section 67 of the Act respecting private education (chapter E-9.1) shall be $50.

M.O. 93-09-01, s. 11.

12. The maximum amount of the admission or enrollment fees referred to in section 70 of the Act respecting private education (chapter E-9.1) shall be the lesser of the following amounts: $200 and an amount representing at most 1/10 of the total cost of the educational service contract.

M.O. 93-09-01, s. 12.

CHAPTER VII RULES FOR DETERMINING THE COMPENSATION REFERRED TO IN SECTION 72 AND THE PENALTY REFERRED TO IN SECTION 73

13. The maximum amount referred to in sections 72 and 73 of the Act respecting private education (chapter E-9.1) to determine the compensation or penalty referred to in those sections shall be $500.

M.O. 93-09-01, s. 13.

CHAPTER VIII FINAL

14. (Omitted).

M.O. 93-09-01, s. 14.

SCHEDULE

(s. 9)

INFORMATION AND DOCUMENTS TO BE FURNISHED IN ORDER TO OBTAIN OR MODIFY AN ACCREDITATION FOR PURPOSES OF SUBSIDIES

(An Act respecting private education, c. E-9.1, s. 80)

1. APPLICANT’S IDENTITY

1.1 Applicant’s name, address and telephone number

— attach a resolution of the board of directors (in the case of a legal person) or a declaration of the highest authority of the institution certifying the information provided and authorizing the filing of the application.

2. PURPOSE OF THE APPLICATION

All or some of the educational services or categories of educational services, titles and numbers of programs for which the institution is applying for accreditation.

3. BASIS FOR THE APPLICATION

The applicant states the reasons for the application in terms of the elements listed in section 78 of the Act and any other element considered useful in presenting the application.

The applicant describes the impact such accreditation would have on the various aspects of the organization and development of the institution.

4. STUDENT ENROLLMENT ESTIMATES

4.1 Number of students in each program or educational service, distinguishing, where applicable, the full-time from the part-time students

4.2 Estimates as to an increase or status quo in student enrollment for the first 3 years of activities or for each year of the implementation process if completion of the project is spread over more than a year; support such estimates with relevant data

5. FINANCIAL RESOURCES

5.1 Budget estimates of the institution presented by fund and by category of revenue and expenditures

Attach to the budget estimates any document demonstrating that the institution will have access to other sufficient financial resources.

5.2 Specify all charges and fees that will be required of the students.

M.O. 93-09-01, Sch.

REFERENCES

M.O. 93-09-01, 1993 G.O. 2, 5839

M.O. 97-08-14, 1997 G.O. 2, 4568

M.O. 98-03-27, 1998 G.O. 2, 1535

M.O. 99-01-27, 1999 G.O. 2, 139