School rules shouldn’t affect GSA treatment here
By COLLIN GALLANT on June 9, 2019.
cgallant@medicinehatnews.com@CollinGallant Local school boards say proposed provincial rules for Gay-Straight Alliances won’t make a major difference in how they administer the programs, but could give some new leeway to their staff to moderate a parent-student dialogue. Bill 8 was introduced in the Alberta Legislature this week to update the Education Act, and among a host of changes, would alter aspects of the program the previous government stated would protect some students from potential backlash from parents. Changes on fees, transportation policy and governance issues are also expected, but the most controversial issue is that of GSAs. Teachers and school staff would now be required to inform parents of their child’s membership in a club only if their safety is at risk, and there would no longer be a time limit on when schools would need to create them if requested. The amendments were introduced by the new United Conservative government which claim it’s a reasonable step to ensure “parental rights” are upheld. The opposition New Democrats argue it leaves too many loopholes and doesn’t protect kids in religious or charter schools, some of which unsuccessfully sued the province to halt the requirements last summer. Dick Mastel, the chair of Medicine Hat Catholic Board of Education, said educators have worked with pupils on a variety of social and domestic issues for decades. It complied with previous rules and would meet the new standards, he said. “You have to rely on our people in the schools and their relationships with students and parents,” to determine when issues of sexual orientation arise, said Mastel, adding that “in no situation” would teachers discuss the matter with parents without the student being on board. However, Mastel’s personal feeling is that since parents are the primary educators, they should be brought into the process. Roger Clark, the superintendent of the Prairie Rose School Division, as well said education workers have training and a long history of working with children and families, and individual cases should be decided at the local. “The previous regulations were very prescriptive, which was very unusual,” he said, adding that left some educators with fewer options in brokering positive parent-child dialogue about issues of sexual orientation or gender identity. “We’ve already dealt with these types of circumstances with or without the policy,” he said, stating that child safety is paramount. The ability of gay, lesbian or transgender children to decide their own timetable for revealing information to their parents has been a key point for LGBT advocates. However, some argue the protocol diminishes the parent’s role, subverting it to the schools. Last June in a Medicine Hat courtroom, a group of schools from across the province sought court injunction against the regulation, stating that “murky” rules endangered children and left educators in an ethical bind. At that time, lawyers for the government argued that the ministry works “extensively” with boards on compliance issues before funding is at risk. Since GSAs would be developed and administered by the school boards themselves, they were best able to avoid problems described by the plaintiffs. Their request for an injunction was dismissed – a decision upheld by a split decision by a panel of judges at the Alberta Court of Appeals. The Calgary-based Justice Centre for Constitutional Freedoms announced plans to further appeal the decision to the Supreme Court of Canada. 19-18
