Is Home-Education Legal?

The Law and Home Education

Home education has been a legal option for parents since the introduction of compulsory education laws in Western Australia in 1871. The most relevant piece of legislation for home educators is The School Education Act 1999, which was enacted on January 1, 2001. A copy of the Act may be purchased from the State Law Publishers - 10 William St. Perth or viewed at http://www.slp.wa.gov.au

Under this Act, all children falling within the compulsory education period (6.5 to 17 years^*) are required to be enrolled in an approved educational/training program. Parents who wish to educate their children from home are required to apply to be registered as the children's home educator.

Registration: How to register

To register as a home educator, the Department of Education and Training requires you to complete and lodge a form, which is available from your local District Education Office. Your application for registration is to be made by the last Friday in February in the first year of registration, or within fourteen (14) days of the last day on which the child was recorded as attending a school. Once the application for registration has been processed you will receive your Certificate of Home Education and a copy of the Curriculum Framework.

Registration is ongoing, unless it is cancelled by the home educator or by the chief executive officer - there is no requirement for annual re-registration. A child's home educator is responsible for the child's educational programme from the date set out in the certificate as the day of registration.

Registration is usually only given to Permanent Residents or Citizens of Australia, but, if your child has been registered in the school system, you are then eligible to apply for registration as a home educator regardless of status of residency.

Home Education Moderators

Government responsibility for the monitoring of home education programs has been delegated to home education moderators. A child's home educator is to arrange for an evaluation to be made of the child's educational programme and progress by a home education moderator, within three months of the date of registration and at least once in each twelve month period following that registration. Although the onus is on the family to arrange assessment visits, it is most likely that your assigned moderator will telephone you to arrange for a meeting at a time that is convenient to you. You are advised to contact your local Education District Office if a meeting has not been arranged within the given time frame.

Moderator meetings are usually made at a time agreed by both parties, and at the usual place where the child's education is undertaken UNLESS the home educator objects, in which case the evaluation is to be made at a place agreed to by both parties. Many people are happy for the moderator to come to their home, but if you are not, arrange somewhere else. This may be the moderator's office, a coffee shop, take away food outlet, or public library. If you are at all concerned about what will occur during a visit, ask your moderator beforehand what they will be expecting, and ask a friend to attend the visit with you.

If the moderator has any concerns regarding the educational program provided, or the progress made by students, these should be forwarded to you in writing within seven days of the visit. Further information about the steps that are likely to be taken in such cases is outlined in the Department of Education and Training's Home Education Policy Document that can be accessed at www.eddept.wa.edu.au/homeeducation/index.htm

You do not have to provide written programmes, or provide samples of the children's work, or test your children. If you and your children are happy to provide these things then do so. A verbal statement/report of what your children have done or intend to do is perfectly adequate. Your children do not have to be in attendance during the moderator's visits.

Following an evaluation, the moderator is to write a report about the educational programme and progress, one copy of which should go to the home educator.

*The WA Parliament passed legislation on 15 November 2005 to raise the school leaving age to 16 in 2006 and 17 in 2008.