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School Board Case Study

Decent Essays

Issue: The authority to select or omit books in a library book list by the school board that are LGBT in nature and their rights to do so.

The appropriate standard of review in this case is reasonableness. First, the absence of a privative clause should be considered in light of the corresponding absence of a clause expressly allowing the decisions of the Board to be appealed before the courts and of the non‑adjudicative nature of the School Board. Second, the decision to approve the books or not requires the Board to balance the interests of different groups, a function which falls within its core area of expertise as a locally elected representative body. While the decision also has a significant human rights dimension, here the Board …show more content…

The moral status of same‑sex relationships is controversial and the School Board was caught between two vocal and passionate sides. While it would not have been unconstitutional to approve the three books for use as educational resources, it is similarly not unconstitutional to not approve the books. The Charter does not demand that five‑ and six‑year‑olds be exposed to parents in same‑sex relationships within a dimension of a school curriculum, especially when there is significant parental concern that these materials may be confusing for these young children. The Board’s decision was generally motivated by concerns related to age‑appropriateness and parental concern. The parental concern to which the School Board was responding revolves around the nature of the portrayal of same‑sex parents in the three books and the capacity of Kindergarten and Grade One age students to interpret this portrayal. It was a difficult choice between permitting the three books to be taught in K‑1 against the wishes of some parents and then provide for the exclusion of certain children from the class, or to teach a general lesson about tolerance and respect for people by less controversial means and leave the issue of parents in same‑sex relationships and homosexuality for a time when students are better positioned to address the issues involved and better positioned to reconcile the potentially incongruous …show more content…

The majority of the trustees were of the view that the three books were not appropriate for K‑1 students and were unable to conclude, based on their perception of parental concern and the demands of the curriculum, that such educational materials ought to be approved for K‑1. Of particular importance to the Board’s decision was that the recommended K‑1 learning resources set out by the Ministry of Education did not, at that time, include any other resources expressly dealing with homosexuality or same‑sex couples or families. The family life education curriculum sub-organizer refers to students being expected to identify a variety of models for family organization but does not indicate that parents in a same‑sex relationship are to be addressed in K‑1. The prescribed learning outcomes for the K‑1 family life curriculum sub-organizer include having children draw and write about their own families, and having children talk about each others’ families. In a situation where there is a child in the classroom that has same‑sex parents, these activities and others would raise the issue of same‑sex parented families and teachers may feel it necessary to discuss it. Even in such a situation it is not necessary that educational resource materials which portray same‑sex parents be generally approved for use in all classrooms in a particular school district. Other options exist.

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