N.B. digs in on rules for teachers and name, pronoun use of LGBTQ students
Hogan says policy applies to both formal and informal name changes
Two weeks away from the start of the school year, Education Minister Bill Hogan has tweaked controversial changes to the province's LGBTQ policy for schools — but is not backing down on how names and pronouns will be used in the classroom.
In a hastily called news conference on Wednesday, Hogan said he's adjusted the policy to make it clear that teachers will need parental consent before using the chosen name and pronoun of a child under 16 verbally in the classroom.
Hogan said he is not talking about nicknames, and it's up to teachers to know the difference.
"What we're talking about is a name that's attached to a different gender than what they're identified with with their parents," Hogan said. "In that case if they're under the age of 16 we would require parental consent to use that ... otherwise what we're saying is that we're keeping information from parents and that's not the role of the school."
The requirement for consent doesn't extend to school psychologists and social workers during sessions with a student because those are considered private, said Hogan.
Earlier changes to Policy 713 were not clear on informal pronoun and name use. The policy, since it was implemented in 2020, has always required parental consent for name changes on official records for students under 16.
Hogan said these adjustments address "all" of child and youth advocate Kelly Lamrock's concerns with the policy. Lamrock, after consulting parents and experts for two months, previously said the policy violates provincial education, privacy and human rights laws, and children's Charter rights by allowing parents to "veto" their children's chosen pronouns, limiting the child's right to privacy, accommodation and equality.
At the time Lamrock said the policy breaks the law not just because it's unclear. He said having a specific rule for names that relate to gender identity, and not having that rule apply to all name changes, is discriminatory.
On Wednesday Lamrock said he needs time to review the full legal text of the changes before commenting.
"My recommendations stand," he said.
Policy 713 was introduced in 2020 to guarantee minimum support for LGBTQ students, including ensuring that teachers use students' preferred pronouns and that gender-neutral washrooms are available.
In May, Hogan confirmed the policy was under review. Both he and Premier Blaine Higgs said the review was triggered by complaints from parents, but have not made any public.
As a result of the review, three sections dealing with self-identification, sports and "universal spaces" were revised "to provide clarity and to respond to the feedback received during consultations," stated a news release following Wednesday's announcement by Hogan.
The review and changes to Policy 713, sparked debate and protests, and even dissent within the Progressive Conservative Party. One PC minister resigned from cabinet and two others were shuffled out after voting with an opposition motion on the subject.
More tweaks announced
Previous changes to the policy meant children who didn't want to inform their parents had to see a school psychologist or social worker. Now, those children may be "encouraged" to visit a school psychologist or social workers, but it's no longer mandatory, said Hogan on Wednesday.
Even without parental consent, those professionals are now allowed to use the child's chosen name and pronouns during sessions, where they were previously prohibited to do so.
That change does not apply to teachers, however, because sessions with mental health professionals are private, while the classroom is a "public forum," said Hogan.
He did not explain why that distinction matters when it comes to the child's well-being.
Green Party Leader David Coon said the distinction doesn't make sense.
"Now you have a situation where psychologists, social workers or student, guidance counsellors will be using the chosen name of that youth and their chosen pronouns, where teachers will not be permitted to do so, so this just contradicts exactly what the premier and the minister have been saying their intent is all along," Coon said.
Hogan said these latest changes fix all of the legal problems because they give the school a mechanism to connect the child with their parents in order to obtain consent. He did not say what happens to children's rights if a parent refuses to consent to their chosen pronouns.
Hogan said the policy will not force children to come out to their parents. And the goal is to maintain parental rights.
"We stand by the changes we have made. Parents should be involved in every aspect of their young child's education," said Hogan, according to the government news release.
"At the same time, it was clear there are areas of the policy where further clarity was needed, particularly around some of the definitions used and how students will be supported through major life changes."
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