Majority of N.B. districts didn't change policy on gender identity, as minister asked

New Brunswick's new school policy on gender identity has not applied uniformly across the province.

In fact, the majority of school districts still have their own policies, despite letters of warning from the minister. 

Education Minister Bill Hogan's mandate for parental consent before staff can use certain children's pronouns got pushback from school psychologists, child advocates and district education councils.

Months later, the battle continues. Hogan recently threatened to remove Anglophone East's policy from its own website. 

Last June, Hogan changed Policy 713 to make it mandatory to get parental consent before school staff use a child's chosen name and pronoun, if the child is under 16.

This new policy was called potentially discriminatory and dangerous by medical professionals, school psychologists, children's rights advocates and civil liberty groups. It is currently the subject of a lawsuit filed by the Canadian Civil Liberties Association, and grievances from the unions representing school psychologists and teachers.

Hogan and Premier Blaine Higgs said this policy is meant to protect the parents' right to be involved in their children's lives. 

District education councils, made up of elected members of the community who are usually parents, have the power to make policies that are "consistent with, or more comprehensive than" Policy 713, according to the policy itself.

All councils, except Anglophone North, created their own policies at the beginning of this school year. The districts emphasized prioritizing the well-being of the student. All added some leeway, where teachers would be allowed to use a child's chosen pronoun verbally in the classroom if parental involvement is in the works or not possible.

In October, Hogan sent strongly worded letters to six councils, saying their policies contravened the Education Act, and were inconsistent with his policy. He asked they remove their policies and gave them a deadline.

Anglophone South and West changed their policies by Hogan's deadline. Anglophone East refused.

All three francophone districts worked together to create a uniform policy they all follow. Their policy is modelled after the one suggested by child and youth advocate Kelly Lamrock, where teachers are to respect all students' pronouns from Grade 6 and up. For students younger than Grade 6, the decision is made on a case-by-case basis.

Anglophone East's policy says staff must respect students' chosen names and pronouns in "daily interactions."

"This respect for the student's wishes will be extended while efforts to 'obtain consent to talk to the parent' are being made," the policy says. "School personnel may not withhold use of the student's preferred name and/or pronouns as a means of 'obtaining consent to talk to the parent.'"