Managing the Impact of Bill 44 in the Classroom
Bill 44 has amended Alberta’s Human Rights Act to require that advance notice to be given to parents about instruction on religion, human sexuality or sexual orientation. It is likely that Alberta Education will provide direction to school boards on how to proceed in developing policy and regulations to ensure that this provision is implemented with minimum disruption to schools and teachers.
Similar provisions are currently contained in the School Act, Section 50, providing for students to be exempt from religious or patriotic instruction or exercises. As with Section 50, the onus is on parents to provide a written request to the teacher that the student be excluded from the particular subject matter. In most cases, it should be sufficient for the board to provide notice to the parents in the form of a course outline or syllabus identifying the course of study and any educational programs, instructional materials, instruction or exercises that deal explicitly with religion, sexuality or sexual orientation.
Teachers have an obligation under the School Act, Section 18, to “teach the courses of study and education programs that are prescribed, approved or authorized pursuant to this Act” and to “encourage and foster learning in students.” Parents who provide notice that their child is to be excused from explicit instruction on religion, human sexuality or sexual orientation must have their wishes honoured. With this tended to, the vast majority of students should not be denied instruction that presents opportunities for critical thinking and consideration of diverse positions on issues.
Teachers who provide instruction in courses dealing with religion, human sexuality or sexual orientation are advised to review the Guide to Education: ECS to Grade 12, which includes information relating to the teaching of controversial issues. The Guide states:
Studying controversial issues is important in preparing students to participate responsibly in a democratic and pluralistic society. Such study provides opportunities to develop the ability to think clearly, to reason logically, to open-mindedly and respectfully examine different points of view and to make sound judgements. . . .
Controversial issues that have been anticipated by the teacher, and those that may arise incidentally during instruction, should be used by the teacher to promote critical inquiry and/or to teach thinking skills.
In providing instruction and during any other interaction with students, teachers must ensure that they abide by the Code of Professional Conduct and respect the dignity and rights of all persons without prejudice, treating pupils with respect and being considerate of their circumstances. Bill 44 does not alter these expectations of teachers.
If teachers have questions about how the bill will be implemented in their school division, they should seek clarification from the school principal. If a parent complains about a teacher’s instruction based upon provisions in the Human Rights Act introduced by Bill 44, the teacher should contact ATA Member Services in Edmonton or Calgary immediately. The Association will work diligently to ensure teachers are represented in the face of any such complaint.
To reach Member Services: In Edmonton and area, call 780-447-9400; in Calgary, call 403-265-2672; from elsewhere in Alberta, call toll free at 1-800-232-7208.