Following a Quebec court’s ruling that allows students to enrol in English-language public schools, the province’s parliamentary commission is about to draft a new language law to replace its failed Bill 104.

The parliamentary commission will craft a new points-based formula that will determine who can and who cannot attend an English-language public school. Parents would need to prove before a provincial tribunal that their child’s schooling in English would give them an “authentic” education that would otherwise not be gained.

The commission has so far received more than 30 recommendations for its Sept. 8 meeting that it hopes will conform with the Superior Court’s decision last fall to nullify Bill 104, a law that plugged a loophole allowing parents to enrol their children in English-language public schools. This comes after a Quebec court’s ruling this week that barring a student enroled at an unsubsidized English-language private school from switching directly into an English-language public school is unconstitutional.

Starting in 2011, children can only be transferred from an unsubsidized English private school to an English public school after three years, creating an economic advantage to parents with the financial resources. Francophones and allophones can opt for English as language of instruction for their children by providing the province with documentation outlining a “parcours scolaire authentique,” or an “authentic scholarly route.”

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