Some education councils amend Policy 713 at minister's request

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Two district education councils have amended their sexual orientation and gender identity policies in response to demands from New Brunswick’s education minister, while two others continue to stand by their versions. 

After the Education Department introduced controversial changes to its Policy 713, its guidelines for gender identity in schools, several school districts introduced policies of their own that minister Bill Hogan has said are illegal because they contradict the provincial policy.

Policy 713 came into effect in 2020. Last year, the province made changes to add an age requirement for students wishing to go by a different name and pronoun without parental consent. Children younger than 16 need parental permission to do so.

Since then, two districts – Anglophone West and Anglophone South – have reached agreements with Hogan on wording for their own policies. Two others – Anglophone East and Francophone South – are standing by their own policies. 

Thomas Geburt, chair of the Anglophone West School District, said his council received a letter from minister Bill Hogan on Sept. 12, 2023, requesting that the council drop its changes and bring its policy in line with provincial regulations.

Geburt said the council opposed the changes to the provincial policy and made its own changes during the first meeting of the 2023-24 school year.

Under Policy 713, education councils can develop policies and procedures that are consistent with, or more comprehensive than, the provincial policy.

After receiving two letters from the minister, Geburt said the council revised its policy and published a revised version on Sept. 18, 2023.

That policy, which is posted on its website, states, “All members of the school environment have the right to self-identify and express themselves without fear of consequences and with an expectation of dignity, privacy, and confidentiality.” 

The policy also includes a section that states students who want assistance in speaking with parents to obtain their consent to alter their formal use of a preferred first name will be encouraged to consult with a trusted professional.

“On 11 October, the Minister sent us a second Corrective Action Request, advising that, in his opinion, we had not fully complied with his initial request,” said Geburt.

After the second letter, he said they “entered into a period of communication exchanges” on the wording of the policy and were able to agree on the wording of the policy.

“The Council and the Minister have agreed that our current published policy complies with the (provincial) Policy 713 while ensuring that all students and staff of ASD-West are given appropriate protection, guidance and support which was the Council’s goal at the outset this debate,” said Geburt.

Anglophone South School District also came to an agreement with the province on its policy, council chair Roger Nesbitt said this week.

The council’s original policy instructed district staff to use students’ preferred names and pronouns. It now states that the district “shall ensure all staff respect the Canadian Charter of Rights and Freedoms, New Brunswick Human Rights Act, Right to Information and Protection of Privacy Act and the Positive Learning Environment Policy.” 

Two other councils continue to fight the province over Policy 713. 

On Tuesday, the Anglophone East District Education Council shared a letter from Hogan threatening to repeal its policy. The minister writes that the sections that allow children under 16 to go by their preferred names and pronouns at school without parental consent are inconsistent with Policy 713.

Hogan told the council to amend or repeal the sections, or he would. It was the second such letter the council has received. 

In response, the council defended its policy and has requesting a meeting. 

Brunswick News has requested comment from Hogan but has received no response.

Michel Côté, chair of the Francophone Sud School District, said the council has received three letters from the minister, the latest with a deadline of March 28 to make changes.

“We adopted our own policy regarding 713 that goes further than what the minister (is asking) to make sure we respect human rights as per Kelly Lamrock’s suggestion in his report,” he said.

Last summer, Lamrock, the provincial child and youth advocate, released a report that described the changes to Policy 713  as violating the Charter of Rights and Freedoms.

Côté said the district stood by its own policy following the minister’s first two letters and has not yet responded to the most recent one.

Joseph Petersen, chair of the Anglophone North School District, said the district has not made any changes to the province’s policy and so has not received any corrective-action letters from the minister.