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HomeMy WebLinkAbout07b Notice of Motion Trustee Laws re Revision to Policy P.046.SCOI q- dl. TO: Re: [Lt OTTAWA-CARLETON DISTRICT SCHOOL BOARD Chair and Members of the Chairs' Committee DATE: 25 October 2005 Revision to Policy P.046.SCO, School Communications: Distribution of Materials to the Home via Students Trustee Laws has given notice that he will move as follows at the 25 October 2005 Chairs' Committee meeting: WHEREAS the Ministry of Education has referred to several ways to distinguish between religious indoctrination and education about religion, in Policy/Program Memorandum No. 112 of 1990, including, "The school should strive for student awareness of all religions, but should not press for student acceptance of any one religion. " WHEREAS the Ontario Human Rights Commission outlined in its "Policy on Creed and the Accommodation of Religious Observances" of 1996, the position that, .. every person has the right to be free from discriminatory or harassing behaviour that is based on religion or which arises because the person who is the target of the behaviour does not share the same faith. This principle extends to situations where the person who is the target of such behaviour has no religious beliefs whatsoever, including atheists and agnostics who may, in these circumstances, benefit from the protection set out in the Code. " WHEREAS the Toronto District School Board has stated in its Policy P.041 SCS: Distribution and Display of Materials for Students and Parents From External Groups in 1999, "Materials will not promote a particular religion or set of beliefs" and "Principals will use their discretion, and refer to Ministry of Education and Training Policy /Program Memorandum No. 112, to ensure that materials providing information about community /cultural events are in accordance with the guiding principles of this policy and that the materials do not promote a particular faith group WHEREAS the Peel District School Board passed a resolution in November of 2001, that reads, "THAT consistent with the Ontario Human Rights Code, the practice with respect to the distribution of Gideons International of Canada New Testament or any other religious or faith -based material be discontinued at all Peel Board sites. " THEREFOR BE IT RESOLVED: A. THAT the Ottawa Carleton District School Board ( OCDSB) amend its Policy P.046.SCO (School Communications: Distribution of Materials via Students) to add a section 3.7 as follows. No religious or faith -based materials will be circulated in an OCDSB school or other OCDSB administered site, nor will advertisements promoting the distribution of bibles or any other religious or faith -based materials be permitted in a school newsletter. B. THAT section 3.7 will remain in force, unless and until "equity" - defined here as "the universal opportunity to distribute or advertise the distribution of such material" is provided to any and all religious or faith -based groups - by the OCDSB in a separate board resolution. A0 d_ldwx� Joan Melancon Assistant Secretary of the Board Lorne M. Rachlis Director of Education/ Secretary of the Board 14. Distribution of Gideon Bibles Your committee had before it staff report no. 05 -171, in response to a request made at the Education Committee in May. Superintendent McAlister confirmed that schools were advised in an oral report to superintendency meetings in the 2000 - 2001 school year, that neither bibles nor consent cards were to be distributed in schools. She noted that staff's recommendation has not changed; i.e., that the current practice with respect to the distribution of holy books be maintained. Trustee Laws moved: WHEREAS the Ministry of Education has referred to several ways to distinguish between religious indoctrination and education about religion, in Policy/Program Memorandum No. 112 (PPM 112) of 1990, including: "The school should strive for student awareness of all religions, but should not press for student acceptance of any one religion. " WHEREAS the Ontario Human Rights Commission (OHRC) outlined in its Policy on Creed and the Accommodation of Religious Observances of 1996, the position that: "....every person has the right to be free from discriminatory or harassing behaviour that is based on religion or which arises because the person who is the target of the behaviour does not share the same faith. This principle extends to situations where the person who is the target of such behaviour has no religious beliefs whatsoever, including atheists and agnostics who may, in these circumstances, benefit from the protection set out in the Code." (W WHEREAS the Toronto District School Board has stated in its Policy P.041 SCS: Distribution and Display of Materials for Students and Parents from External Groups in 1999: "Materials will not promote a particular religion or set of beliefs; and "Principals will use their discretion, and refer to Ministry of Education and Training Policy /Program Memorandum No. 112, to ensure that material providing information about community/cultural events is in accordance with the guiding principles of this policy and that the materials do not promote a particular faith group. " THEREFORE BE IT RESOLVED: A. THAT any practice which facilitates the distribution of religious or faith -based materials to students or staff be suspended at all OCDSB sites. B. THAT staff review the OCDSB Policy P.046.SCO: Distribution of Materials via Students and suggest amendments, by no later than Chairs' Committee in October, with regard to the distribution of religious or faith -based materials. The Chair noted that staff have confirmed that the proposed motion is consistent with the recommendation in the staff report. Trustee Laws noted that the OHRC advised him that every school board should have a policy in place to prevent leaving itself open to challenges. He also noted that other school boards in Canada and the United States have banned the distribution of bibles lest it be construed as an endorsement. The CCEE supported this position. Those supporting the motion noted that the OCDSB was established to provide education; staff time and resources should not be used to arbitrate in religious matters. Also, if notices are distributed through the schools, some parents may believe it is an endorsement and feel constrained to accept literature they do not want. Some Committee members who opposed the motion believe that the distribution of religious material is not prohibited by PPM 112 which only relates to education programs delivered by school boards. PPM 112 allows boards to provide after -hours space for religious activities, and some district schools do rent space to religious groups in off - hours. The motion would prohibit that practice. Others added that all the Gideon Bible Society is asking is that bibles can be made available and all Trustee Scott's original motion asked was that principals be allowed to put a notice to that effect in a school newsletter. This is not proselytization or indoctrination, it is merely responding to a request. Trustee Brockington circulated a proposal that would provide equal opportunity for all, outside instructional hours, to provide what they wish to provide to those who want it. A day set aside to celebrate religion would allow students to learn about other religions; it would also allow the Board some control, and school programming would not be at risk. He supported the concept of school principals consulting with their school council to determine what is appropriate for individual schools. In response to a trustee question, staff advised that there are approximately 50 designated prayer rooms in district schools, some of which are non - denominational. Additional rooms are also used for religious holidays such as Ramadan. Trustee Scott cautioned that the committee must be clear on what it is debating. Her original motion related to information from a representative of the Gideon Bible Society that the Board had changed its practice. It now appears that trustees are dealing with different issues. Staff's oral prohibition regarding bibles and consent cards is clearly discriminatory because it relates only to bibles. However, Trustee Scott was unclear whether from staff's perspective the issue is a logistical problem related to distribution or a policy issue associated with human rights and religious instruction. If it is the latter, then trustees should be providing direction. Trustee Laws' motion refers to distribution of all religious or faith -based materials, which raises the issue of differentiating between distributing materials and providing information. Schools send home all types of information about activities in their communities. If a principal sends home information about the availability of religious material, it is not discriminating against other religions. Trustee Scott urged trustees to take a step back to identify the issues and then debate them objectively. The Director noted that Part A of the motion might conflict with some existing practices in Board facilities. He suggested the motion should state that it is applicable only during the school day and does not apply to rentals or to materials distributed as part of the curriculum. Trustee Libbey agreed with the Director and asked the mover whether all current practices were to be maintained. Trustee Laws confirmed that was the intent of the motion. Trustee Libbey stated that the motion should be ruled out of order as it does not result in change. The Chair agreed and so ruled. Trustee Laws challenged the ruling and the Chair was upheld. In response to a query regarding the need for Part B of the motion, the Director noted that if the status quo is to be maintained, Board direction will be required as there is no Board policy governing the current practice. At 10:30 p.m., a vote to continue the meeting was taken but the required 213 majority was not received. Therefore, there was no vote on the motion and Trustee Laws indicated he would pursue this matter at Chairs' Committee in October.