NDP weighs tougher rules to protect LGBTQ students

Advocates demand clear language, better rules to prevent being outed

Education Minister David Eggen will consider strengthening gender diversity legislation this fall as LGBTQ advocates ask for more support in schools, including policies that are publicly posted with clearer language and better rules to protect privacy.

Nearly two years after introducing gender diversity guidelines to support LGBTQ youth in Alberta schools, questions remain around whether students are being told to call gay-straight alliances “diversity clubs” and whether there is still a risk they could be outed to their families by teachers or administrators.

And because school boards aren’t legislated to post policies online, advocates say students can’t be sure how well they’re protected.

Kristopher Wells, director with the Institute for Sexual Minority Studies at the University of Alberta, says when school boards use vague language in labelling a GSA, it does more harm than good.

“Students have every right to call these groups GSAs, and schools need to support that,” said Wells, explaining that by avoiding specific language the district is sending a clear message that homosexuality still needs to be hidden.

“Visibility matters,” Wells said. “And if you can’t even use the word gay, how supportive is the school really being?

“Are they just saying LGBTQ youth need to be silent and invisible? Because that is the message, and it’s a very harmful message.”

Barb Silva, spokeswoman for the Support Our Students advocacy group, agreed, adding “this is a human-rights issue and silence speaks volumes. It’s like saying to a person of colour that you don’t see them.”

Wells adds that while districts need to make language clear and appropriate in their policies, they should also be required to post those policies to the web so everyone can read them freely.

“Why not make it mandatory for all districts to post policies, and why not legislate that?” asked Wells.

Eggen agreed that while many boards across Alberta have come a long way in removing vague language in their guidelines, there is still work to be done and it may require beefing up legislation.

“We’ve tried consultation, we’ve tried discussion. We may have to move on to other things,” he said. “Our job is, of course, to ensure laws are appropriate and clear . . . That is what we are elected to do.”

Under the existing School Act, students have the right to select a respectful and inclusive name for their organization, including the name Gay-Straight Alliance or Queer-Straight Alliance. However, it’s not yet legislated they use that specific name.

Boards such as the Calgary Catholic School District instead encourage “inclusive communities” and run groups such as “The Spectrum Club” at Bishop Carroll High School.

But CCSD board chair Cheryl Low said those guidelines meet Alberta School Act regulations.

“Our priority is to continue ensuring all of our students excel as healthy and productive learners. We focus on meeting student needs and creating inclusive environments.”

Eggen said he was also motivated to re-examine legislation last spring when Jason Kenney, now a leadership candidate for the United Conservative Party, told the Herald’s editorial board that parents should be told if their children are involved in a gay-straight alliance at school, unless parents are abusive.

Eggen at the time was outraged and said he would consider an amendment to the legislation to protect students. Kenney has since clarified his position to say that parents should only be told about their child’s participation in GSAs under some circumstances.

But the debate itself, Wells stressed, is proof legislation needs to be tougher and guarantees students are protected.

Eggen agreed, saying certain debates have made him want to revisit the legislation.

“You have people wandering in and taking 10 steps back and suggesting we need to out kids in GSAs, so we see there are still challenges . . . there is still work to be done,” Eggen said.

In January 2016, Eggen released a series of new guidelines for best practices, asking school boards to provide wide-ranging support to students with diverse sexual orientations, from allowing them to use washrooms of their own choosing and try out for all sports teams, to being addressed as “ze” instead of “he” or “she.”

Many school boards, including the Calgary Board of Education, have submitted and posted acceptable policies, but not all have been made public.