Teachers can ask if student is changing gender or just wants a nickname, minister says
Teachers' union says policy puts them in 'ethical dilemma'
To follow New Brunswick's policy on gender identity, teachers may have to ask some students whether they're changing their names for gender identity reasons or are adopting nicknames — putting teachers in a difficult position, a critic of the policy says.
Education Minister Bill Hogan says it's mandatory to get parental consent for all name changes for kids under 16 if they're related to gender identity. He said this does not apply to nicknames, and teachers can ask when in doubt.
"I guess if it's close to their given name, then one wouldn't normally presuppose anything," Hogan said this week. "If it is a name, and they're wondering about it, the teacher can always ask."
But Kristin Cavoukian, a member of the Anglophone East district education council, said this puts the teacher in a "very difficult position," where they may have to question children about their gender.
"My name is Kristin. If I ask to be called, Krissy, no one would bat an eye," she said. "But if I ask to be called Kris, all of a sudden there's this looming question that requires the teacher to then ask the child whether this is a nickname because it's nickname or ... it's a gender issue."
When asked how teachers are expected to know the difference between a nickname and a name change related to gender identity, Hogan told reporters Wednesday after trying to clarify Policy 713: "What we're talking about is a name that's attached to a different gender than what they're identified with with their parents."
Cavoukian said New Brunswick schools have a diverse population, and it's not always easy to know what is a "female" and what is a "male" name, if it ever was.
When asked what teachers should do if 12-year-old Charlene wants to go by Charlie, a gender-neutral name, and shares no desire for pronoun changes, Hogan said teachers "can always ask."
Hogan made the comments Wednesday after he announced clarifications to Policy 713. The policy was introduced in 2020 to guarantee minimum support for LGBTQ students. In June, Hogan introduced changes, adding a parental consent requirement for kids under 16.
On Wednesday Hogan clarified that parental consent for students under 16 is required for both on-paper names and pronoun changes as well as verbal communication between students and staff in school and during extracurriculars. The 2020 policy required parental consent only for official changes on school records.
Experts have said having different rules when it's a nickname and when it's a gender-identity-related name change is discriminatory, but Hogan disagreed.
"I see this as important to have parent involvement in their child's education," he said.
'Ethical dilemma' for teachers
New Brunswick Teachers' Association president Peter Lagacy said the policy now puts teachers in a difficult professional and "ethical dilemma," by making them choose between following the advice of experts to respect a student's pronouns or risk sanctions from the province.
"It is unfortunate that Minister Hogan has dismissed the advice of medical professionals and legal experts," Lagacy said in a statement this week. "The policy should prevent any student from experiencing discrimination."
Lagacy said the association "implores the minister to reconsider his stance."
Maintaining parental involvement
Hogan previously said he made the changes to preserve the rights of parents to be involved in their children's education. He said it's a parental right to be able to prevent a child from using a certain name and pronoun, and it's also a parental right to be able to prevent teachers from using that pronoun as well.
"If a parent doesn't want their child to be referred to as 'they,' [and] would prefer for them to be referred to as 'she' or 'he,' that's a parent's right," Hogan said.
Also announced Wednesday: kids are to be "encouraged" instead of "directed" to speak to "appropriate professionals" to come up with a plan to include their parents in the conversation. And "school professionals" can use the child's chosen pronouns and name without parental consent when supporting them one-on-one. The policy does not define who is considered a "school professional."
Last week Lamrock released a 90-page report after spending two months talking with parents, students, legal experts, psychologists and doctors. He found that the policy violates children's rights and several provincial laws.
Lamrock also said the policy is discriminatory because it forces staff to have different rules if a child is questioning their gender versus just going by a nickname.
Hogan said the changes address "all" of child and youth advocate Kelly Lamrock's legal concerns, but legal experts disagreed.
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