A British couple fined $1,800 and hit with a criminal record for an off-season vacation with their children has fuelled a countrywide debate about school holidays.

An online petition calling on the government to reverse new legislation prohibiting children from going on holiday during the school year has swelled since the Sutherlands’ court settlement drew national attention last week. The couple broke the law when they took their kids on a week-long trip to Greece in the fall because the father couldn’t get time off during the summer break.

According to the petition launched in the fall, the new law hurts parents who work during regular school holidays and can’t afford summer holiday costs. So far, the campaign has collected 197,100 of the 200,000 signatures it wants.

A spokesperson for Telford and Wrekin Council, which fined the Sutherlands, said the decision has been controversial.

“On a human level, I think people have a bit of sympathy with families in this position,” said Russell Griffin. “However, the legislation is the legislation and rules are rules. And in the eyes of the law, what they’ve done is wrong.”

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Martin Long, president of the Elementary Teachers of Toronto, said it’s challenging for teachers and disruptive to other students.

In some schools, there’s a “rolling start” to the year as students return from extended summer vacations, he said, which “makes for a staggered entry and the class changes” even from day to day.

“Then there are these families that for whatever reason take vacations in February rather than March — there are all kinds of reasons and I’m not saying they aren't good ones, but it is disruptive. Teachers are trying to keep their program running in class, and at any time there is a varying number of students who are missing units or sections, and they come back and parents expect that you are going to cope with it and bring them up to speed.”

A Star poll of readers generated more than 4,000 responses by midday, with more than 60 per cent saying parents should be allowed to pull their kids out of school for a trip for however long they want.

“My parents pulled me out of school twice for this reason when I was in Grades 7 and 8, both were to go to stay in different countries in Europe for up to two months at a time,” wrote one commenter. “The response of my principal and teachers at the time was, ‘You’ll learn more in that short time abroad than you ever will in a classroom.’ They were absolutely right.”

Another reader wrote: “When I was in Grade 9 in B.C., my father took me to Europe for a vacation to visit family and see the sights. We were away for a month, but that absence was cleared ahead of time with the principal and my home-room teacher. My grades had to be up to scratch and I had to have worked ahead far enough to warrant being allowed to be away for that length of time.”

Other readers emphasized the importance of school.

“School attendance is a responsibility that must be respected during the school year. You go on vacation when school is out,” wrote one person. “If you have children in school, you plan your life accordingly.”

In England, father Stewart Sutherland, who works for the Ministry of Defence Guard Service, booked the family trip a year in advance, when national education regulations allowed schools to grant up to 10 days of leave for family holidays in special circumstances. But on Sept. 1, 2013, the law changed, permitting principals to limit leave to “exceptional circumstances.”

Under the new rules, the principals at his children’s schools determined a family holiday was not an exceptional circumstance and refused to authorize the leave for all three children. (The two principals were not available for comment.)

Sutherland said he was unaware of the legislative change and figured that as long as he didn’t exceed 10 days he wasn’t breaking the rules. Plus, he was unable to get a refund on the £2,500 trip ($4,500). So off the family went to Greece.

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When they returned, the Sutherlands were hit with a £360 ($650) fine, issued by the council of Telford and Wrekin, located about 250 kilometres northwest of London. Left unpaid, the fine doubled.

Sutherland said he tried to explain his family’s situation to the local council but was told there was no appeal process and that he would have to make his case in court.

The fine remained unpaid; the parents were charged and prosecuted under the Education Act 1996 for failing to ensure their children attended school regularly.

The Star asked the Ontario Ministry of Education about the law governing school attendance and was told it was preparing a response.

Last week, Stewart and Natasha Sutherland pleaded guilty in court. Griffin, the council spokesperson, said the fact that the legislation changed is a moot point.

“They had made the request for the leave to be authorized and it had been refused,” he said.

The Sutherlands were ordered to pay a £630 ($1,138) fine, plus £300 ($542) in legal costs and a £63 ($114) victim surcharge. That amounts to £993, or $1,794.

Sutherland said he’s heard from “thousands” of other parents in similar situations.

“The overwhelming support is unbelievable,” said Sutherland. “I’ve had people up and down the country trying to pay my fine.”

He said he hasn’t accepted any money and urged people to donate funds to Scotty’s Little Soldiers, a charity that supports children of those killed serving the British Armed Forces.

“People who don’t live in the real world, who work 9 to 5, five days a week, never work a weekend, and have never missed Christmas with the children, don’t have to work nights. Those are the only people against me.”