N.B. minister makes 3 changes to LGBTQ-protection policy
Changes regarding self-identification, sports participation and gender-neutral washrooms take effect July 1
After weeks of controversy, New Brunswick's minister of education unveiled three changes to a policy protecting LGBTQ students in schools, including no longer making it mandatory for teachers and staff to respect the chosen names and pronouns of children under 16 without parental consent.
Bill Hogan said this will allow teachers to "maintain professionalism," and not have to "do something contrary to parents' wishes."
The review removes a line that says the school must get the student's consent before trying to get a parent's permission to change the child's name on school records. It now says if a child doesn't consent to involving parents, they should be referred to social workers or a mental health professional.
"We have no intention of telling parents about a child's gender identity if they don't wish us to do so. We're going to encourage them to speak with supportive professionals if they wish, and that's how we're going to proceed," Hogan said.
When asked whether the changes mean teachers can use a child's preferred name or pronoun informally in the classroom without parental consent, Hogan said, "According to the policy, they will use the name of the student given at birth."
However, the policy does not explicitly say teachers are forbidden from referring to a child by their chosen name or pronoun informally. It says only that parental consent is needed "for their preferred first name to be officially used for record-keeping purposes and daily management."
The policy gives examples of report cards, school software and class lists but not verbal communication.
A Department of Education spokesperson confirmed late Thursday that according to the policy, teachers and staff are only forbidden from using a child's chosen name, without parental consent, "in an official capacity."
Policy 713 was enacted in 2020 after consultations with stakeholders and experts. Child and youth advocate Kelly Lamrock, who previously said the entire review process was broken and "incoherent," said he is reviewing the changes and won't be making a public statement Thursday.
"I will provide a Legislative Analysis to the Assembly as per normal practice on legal changes affecting children," he said on social media.
Hogan said this change addresses the issue of "keeping things hidden" from parents, a concern expressed by the premier after the review was announced.
Name changes on report cards a focus
Most of the changes pertain to what happens when a child requests an official name change on report cards and school systems.
The new policy has no guidelines for what happens when a child under 16 asks to go by a different name or pronoun unofficially. There is now no clear obligation for a teacher to use a child's chosen name in class, but no clear obligation to tell parents either.
The previous version made it clear that teachers must respect all children's chosen names and pronouns. The new version makes that obligation only relevant for students over 16.
When asked about the ambiguity this introduces, Hogan said the province won't go on a "witch hunt" and check into classrooms to see how teachers are referring to students, but this change means teachers don't have to "do something contrary to parents' wishes."
He said he understands how not using a child's chosen pronoun or name can cause "trauma," and "may not be preferred by the child," but he said there will be professionals available to "work through that while respecting parents' rights."
Gender identity reference removed
Also now gone from the policy is mention of gender identity when it comes to sports and other activities. The revision says all students will be able to participate in curricular and extracurricular activities that are safe and welcoming, removing the phrase "consistent with their gender identity."
Hogan said the organizations that govern sports and extracurricular activities already have guidelines on this and there's no reason "to get into the middle of that."
The premier had questioned whether allowing transgender girls to play on girls' sports teams would affect "fairness" for non-trans players. The New Brunswick Interscholastic Athletics Association, which represents all school sports, has previously said there have been no concerns about fairness, and it's received zero complaints about trans kids in the last decade.
Private washrooms
The old policy mandated that each school should have at least one gender-neutral washroom. The new policy keeps this line, but specifies that those washrooms should be private.
The review also added a line saying each school should also have a private universal change room.
Hogan said the changes to Policy 713 will come into effect on July 1.
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