Consequences for Skipping School and Dropping Out

Walter is currently 15 years old and is just finishing up Grade 10, his second year of high school. He dreams to become a chef one day, and so he currently holds a part-time position working after school at Yummy Patties; a local burger joint where he flips burgers and makes some much needed cash. He finds his job very rewarding because he works with some great people, has a very understanding manager, and sees this opportunity as a building block in his aspiration to own a restaurant in the future.

When it comes to his academics, Walter is not doing so well. He dislikes the subjects he is currently taking because he does not find the courses applicable to his daily life. He enjoys the independence that comes with working part-time; he does not need to ask his parents for an allowance and he feels “all grown up” because people are much older than he is at his workplace.

After much deliberation, Walter decides that he wants to drop out of high school because he sees no benefit in staying in school. To him, a full-time job at Yummy Patties is more realistic as it will give him the motivation to move up the hierarchy of the corporation.

Is it legal for Walter to drop out of school at his current age? What are the repercussions?    

There is a statute in Ontario, called the Education Act, which covers all issues related to education.  According to s.21 (1) of the Education Act (below) everyone over the age of six must attend school until they graduate or reach age 18:

Section 21(1) Unless excused under this section,

(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

Walter is under 15 years old and he can actually be charged with an offence under the Provincial Offences Act and made to attend court for skipping or "being habitually absent" from school, see section 30 (5) of the Education Act below:

Section 30 (5): A person who is required by law to attend school and who refuses to attend or who is habitually absent from school is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to the penalties under Part VI of the Provincial Offences Act and subsection 266 (2) of this Act applies in any proceeding under this section.

Walter’s parents can be charged too.  The Education Act makes it a parent or guardian’s responsibility to make sure that students go to school if the law requires it.  If a parent neglects or refuses to fulfill this responsibility, they can be fined up to $200. See section 30 (1) of the Education Act below:

Section 30 (1): A parent or guardian of a person required to attend school under section 21 who neglects or refuses to cause that person to attend school is, unless the person is 16 years old or older, guilty of an offence and on conviction is liable to a fine of not more than $200

Not only that Walter's employer Yummy Patties could also be charged for employing Walter during school hours. He could be asked to pay a fine for up to $200. See section 30(3) of the Education Act below:
Section 30(3): Anyone who employs during school hours a person required to attend school under section 21 is, unless the person is sixteen years or older, guilty of an offence and on conviction is liable to a fine of not more than $200.

In 2006, Ontario introduced Bill 52, "The Learning to Age 18 Act", an act to amend the Education Act, which stated that changed the laws related to penalties for being out of school so that they applied to youth until the age of eighteen. However, while this bill was successfully passed in the Legislature it has not been made law.

If this is something that Walter really wants to do and he waits until he is 16 or 17 before he drops out of school, then he is technically breaking the law however, at this age neither Walter, his employer or his parents will be charged with an offence. 

This blog scenario was written by Georjo Tabucan. The legal content of this blog post was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY through her law schools Pro Bono Students Canada program. All legal content was reviewed by a JFCY staff lawyer.

The ABCs of Dropping Out of School

Image from:  http://www.chilliwack.com/main/page.cfm?id=2110

Scenario

As this summer reaches a close and the last baseball bats are swung, the final soccer tournaments are played, and homework-free weekends come to an end, we can almost hear the morning bell calling us in for another year of school. I’m sure we’ve all experienced that familiar dread of pop quizzes, boring classes, and endless homework. But even as the back-to-school signs and chillier weather tell us to start sharpening our pencils, maybe not all of us are anticipating a return to the classroom.

Perhaps, instead, you’re thinking about joining the workforce or taking some time off. However, while the stresses of school can definitely be overwhelming, it is important to consider the potential consequences of dropping out before you decide to leave school for good, including how it will impact your chances of getting a job in the future.

Deciding to leave school is definitely a complex decision that may be influenced by variety of factors. Before you decide to the leave the classroom for good, make sure to consider the potential legal consequences of your decision.

The Law: When can you drop out of school?

The Education Act is the Ontario law that covers education issues, including attendance.  It requires everyone over the age of six to attend school until they graduate or reach age 18.  This doesn’t just mean registering in school – it means actually going, every single day that school is in session!

What if you are sick? Or you have a religious holiday? Or your parents have decided to home school you?  Are you breaking the law?  The answer is no.  You can be excused from attendance at school for any of those reasons, and you are also excused from attendance at school if you are suspended or expelled.

Every school has a school attendance counsellor who is responsible for following up when students miss school.  The counsellor will contact the parent or guardian of a student who is not in school.

If you are under age 16, you can actually be charged with an offence under the Provincial Offences Act and made to attend court for skipping or "being habitually absent" from school! 

Your parents can be charged too.  The Education Act makes it a parent or guardian’s responsibility to make sure that students go to school if the law requires it.  If a parent neglects or refuses to fulfill this responsibility, they can be fined up to $200.

These laws have actually been changed to make the magic age 18, however, they have not yet been "proclaimed" by the government and thus the old rule of age 16 still stands. (In other words, the new law has been written but the government has not yet made the changes valid.)

So, the bottom line: If you are under age 16 and you “drop out”, both you and your parent(s) can be charged.  If you are 16 or 17 and drop out, then you are technically breaking the law but at this point nether you nor your parents will be charged with an offence.

To learn more about mandatory school attendance, see sections 25, 26, 30, and 31 of the Education Act.

This scenario was written by PLE Team volunteer Rachel Kattapuram.  Legal info by Leora Jackson and JFCY.

Skipping school: consequences?

It was a warm Friday afternoon in June, and all of the students at St. Charles elementary school headed to the playground for their second recess of the day.

"Ah, it's so nice outside," exclaimed Tom, an eighth-grader at the school. He and his friend, David, were the first ones out the door.

"Too bad we're stuck at school." David responded. "It would be a perfect day to go to the Water Park at Sunny Side Bay."

Photo from Ontario Place website:  http://www.ontarioplace.com/waterpark 

 
Tom turned to David with an excited look on his face. "Hey, what if we just took the day off from school? We can go on all the water slides we want! What do you say?"

"Take the day off...you mean...skip school?" David asked.

"Yea, it would be amazing!" Tom responded. "We'd have an early start to the weekend. Besides, I don't think our teacher would even mind. It's the second last Friday before school ends. She knows that none of us really want to be here."

David looked uncertain. He was worried about the consequences of skipping school. After pausing for a few seconds, he finally spoke, "Okay, fine let's do it. I really hope we don't get in serious trouble for this."

"We won't," Tom remarked. "Everything will be just fine, trust me."

The two boys quickly hopped the fence that surrounded their school yard. They headed towards a bus stop at the end of the street.

What are the legal consequences for skipping school?

The Education Act is the Ontario law that covers education issues, including attendance.  It requires everyone over the age of six to attend school until they graduate or reach age 18.  This doesn’t just mean registering in school – it means actually going, every single day that school is in session!

What if you are sick? Or you have a religious holiday? Or your parents have decided to home school you?  Are you breaking the law?  The answer is no.  You can be excused from attendance at school for any of those reasons, and you are also excused from attendance at school if you are suspended or expelled.

But aside from exceptions like these, you are required to go to school every day.  If David and Tom don’t go to school, they are breaking the law in Ontario.  The school attendance counselor will contact their parents or guardians to let them know that David and Tom weren’t at school that day.  The Education Act makes it a parent or guardian’s responsibility to make sure that students go to school if the law requires it.  If a parent neglects or refuses to fulfill this responsibility, they can be fined up to $200.

David will probably not receive a very serious punishment for skipping school one time.  His parents will find out, and he might receive a consequence from them at home or feel that they trust him less.  His school will probably give him a consequence, too, like a detention.  However, if David skips school on a regular basis, the consequences will become more serious – he could even be charged with an offence under the Provincial Offences Act.

To learn more about mandatory school attendance, see sections 25, 26, 30, and 31 of the Education Act.

The scenario was written by JFCY PLE Team volunteer Stefan Venier. Legal info was written by Leora Jackson, a U of T law student and JFCY volunteer.  Reviewed by JFCY. 

Skipping School and Smoking Pot

Scenario

Fourteen year-old Rachel had never really thought about skipping class before. She knew her friends skipped once in a while, but she had never done so herself. Then, one fall day, during lunch hour, Emily and Mike asked Rachel if she wanted to skip the next period, get something to eat, and hang out until the next bell rang. Rachel wasn’t too keen on the idea, but it was November of grade nine and she was still trying to make friends. Rachel agreed and off the three went.

Emily and Mike led Rachel behind the school parking lot, and sat down behind a wall that blocked them from being seen. Rachel was a little confused but went along with it. Mike then pulled out a joint from his pocket. Rachel had never tried marijuana, but she was curious, and she didn’t feel comfortable saying no. The three students smoked the joint in the back parking lot.

Mr. Smith just pulling his car into his parking space in the school lot when he noticed the three students from his science class walking out from behind the wall. He noticed that they smelt of marijuana and he also knew they were supposed to be in class. Mr. Smith immediately took the three students to the principal’s office.

Rachel couldn’t help but feel shocked by the situation that she had gotten herself into. She wasn’t sure what the implications of her actions would be – she knew that she had used the marijuana, but could say with honestly that it wasn’t hers to begin with. Rachel was worried and unsure of the consequences she was about to face…

The Law: Was Rachel allowed to skip school?

The Education Act is the Ontario law that covers education issues, including attendance.  It requires everyone over the age of six attend school until they graduate or reach age 18.  There are some exceptions to this rule.  For example, if a student is sick or it is a religious holiday, absences are excused.  

Every school has a school attendance counsellor who is responsible for following up when students miss school.  The counsellor at Rachel’s school will contact Rachel’s parent or guardian to let them know that she skipped class.

If you are interested in learning more about mandatory attendance in the Education Act, you can check it out online. Sections 21 and 26 contain the rules mentioned in this blog post, and Sections 30 and 31 discuss the consequences of being absent from school regularly without a legally valid excuse.  If you are under age 16, you can actually be charged with a provincial offence and made to attend court for skipping or "being habitually absent" from school! These laws have actually been changed to make the magic age 18, however, they have not yet been "proclaimed" by the government and thus the old rule of age 16 still stands. 

The Law: What about smoking marijuana?

The Controlled Drugs and Substances Act is the federal law that deals with drugs. Cannabis (marijuana) is a schedule II drug under the Act.  It carries criminal consequences for youth who are found guilty of possession, trafficking, exportation and/or production. There are no age parameters with regards to illegal drug use – anyone found with cannabis will be in violation of the Controlled Drugs and Substances Act and may charged and must attend court.  Rachel and her friends could be charged with possession of a controlled substance.

Youth who are under age 18 when alleged to have been charged with committing a criminal offence are dealt with under a separate legal system from adults.  This system, and the various rights that youth are entitled to, is outlined in the Youth Criminal Justice Act.  For more info on youth charges, check out JFCY’s Know Your Rights pamphlet.


Scenario by PLE Team volunteer Claire Bogomolny; Legal Info by PLE Team Lead Leora Jackson (a UofT law student from PBSC) and JFCY lawyer