Provincial code of conduct in schools protects students from gender, sexual orientation disclosure

As other provinces police LGBTTQ+ pronouns in schools, Manitoba is doubling down on its support for students to explore their identities on their own timeline.

The Education Department released a new provincial code of conduct for kindergarten-to-Grade 12 schools on June 11.

The 38-page document provides guidance on how to navigate student behaviour issues and communicate with caregivers when necessary.

It states that, when a principal believes a student has been harmed by a peer’s behaviour, they must — “as soon as reasonably possible” — notify the families of all those involved.

“Some students who are part of the (LGBTTQ+) community may not have disclosed or shared their identity beyond the school community,” it adds.

“Discretion must be exercised to protect students from harm in disclosing gender identity or sexual orientation.”

High school teacher Kay Wojnarski said she was impressed and relieved to see that explicit reference to protections for queer and transgender students.

Wojnarski called it “unethical, conceited and irreversibly damaging” to disclose a student’s sexuality or gender identity without their consent.

“A student who is betrayed by adults meant to protect them will not feel safe or cared for in their learning environment,” said the teacher who runs a gender-sexuality alliance at her school in Winnipeg.

She noted that students need to be treated as human beings with agency and dignity “rather than as property.”

The use of pronouns other than the ones students were assigned at birth has fuelled the “parental rights movement” and caught the attention of lawmakers across the country.

New Brunswick, Saskatchewan and Alberta have introduced legislation in recent years requiring that schools obtain parental consent before addressing an underage student by their chosen name and gender identity-related pronouns.

New Brunswick has loosened its rules so students under 16 now only need approval to change a name on report cards and other official school records.

Teachers in Saskatchewan and Alberta continue to notify families if a student aged 16 or younger wants to be addressed differently during the school day.

Manitoba Education Minister Tracy Schmidt called K-12 student families “our No.1 partner,” but she said her department also recognizes teacher expertise.

“We believe in educators as professionals.… Every day, we trust them to make choices that have student safety as their top priority,” Schmidt told the Free Press.

The code of conduct indicates that parents and caregivers should be alerted about the general nature and impact of bullying and other inappropriate behaviour involving students.

While noting that principals have obligations to protect personal information, it says they are required to disclose “more information beyond the fact that (disciplinary) measures have been taken.”

The household of a child who has been targeted is supposed to be told if an intervention plan is being developed, a suspension is being issued or privileges were removed.

Principals have been given seven months to align local rules with the Provincial Code of Conduct: Behaviour Intervention and Response Using a Student-Centred and Strengths-Based Approach.

Lillian Klausen, president of the Manitoba Teachers’ Society, said a reporter was the first to bring the document to her attention and she had yet to review it in full.

“Naturally, we’re in favour of anything that protects our students,” she said in a statement. “We’re looking forward to a full consultation with government before the code goes into effect.”

maggie.macintosh@freepress.mb.ca