| POLICY & THE LAW | |
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This page looks at the legislation, policy and frameworks applying to schools, and the obligations of schools to ensure that they provide relevant education in safe, supportive environments to students who are same-sex attracted or gender non-conforming. Available in two formats – a PDF from the SSAFE in Schools Whole-School Resource, or a summary of key policies. Scroll down or follow the links for information about: |
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- Equal Opportunity and Schools - Parents - School Councils - Public Education: The Next Generation (PENG) - Talking Sexual Health... - Framework for Student Support Services in Victorian Government Schools - Codes of Conduct - Bullying and Harassment Policies - More Information... | |
| Equal Opportunity and Schools |  Top |
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| The Victorian Equal Opportunity Act 1995 states that: “Staff and students have a right to be treated fairly by staff and fellow students regardless of gender, sexual orientation and race” (Equal Opportunity Commission, 1996:3) Significantly the Equal Opportunity Commission explains that: “Inaction may also amount to an implicit authorisation or encouragement of discrimination or sexual harassment. This means that a teacher or principal who ‘turns a blind eye’ to discrimination or sexual harassment by students may be liable on the basis of authorising or assisting discrimination” (Equal Opportunity Commission, 1996, p14) Source: Equal Opportunity Commission Right and Responsibilities under the Victorian Equal Opportunity Act 1995 Melbourne, 1996 From Ollis et al Safety In Our Schools – strategies for responding to homophobia LaTrobe University, Victoria, 2000 | |
| Parents | Top |
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| In 1994, the then Victorian Federation of State Schools’ Parents Clubs (now Parents Victoria) included relevant action items of policy in their VFSSPC Policy and Procedures Manual: "Special Action Items. 5. Homosexual Students. That Federation enter into discussion with Gay and Lesbian groups and other relevant organisations to ascertain the problems of homosexual students with the aim to : a. Pass on information and promote discussion. b. Formulate appropriate policy. c. Make suitable recommendations to the Minister for Education". (VFSSPC, 1994) Source: Victorian Federation of State School Parents Clubs Policy and Procedures Manual VFSSPC, Abbotsford, 1994 From Seal, Masters thesis, soon to be published | |
| School Councils | Top |
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| In May 1998, the Australian Council of State School Organisations(ACSSO) published a conference report that stated: “There is a clear need for schools to develop and implement policies and programs to promote acceptance of same-sex attracted school community members and to eliminate homophobia” (ACSSO, 1998:20) "ACSSO, as the national peak body of school council... recommends this publication as a resource for parents and members of school councils and boards to stimulate discussion and promote awareness of the importance of social processes in creating safe and supportive school environments” (ACSSO, 1998:4). Source: Australian Council of State School Organisations Creating Safe School Environments : What’s Working In Australian Schools Conference Report ACSSO, ACT, November 1998 From Seal, Masters thesis, soon to be published | |
| Public Education: The Next Generation (PENG) | Top |
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“It is time for education policy to turn its attention towards the core purposes of schooling. The central issues facing the public school system relate to what young people learn, how well they are taught, and how effectively the learning environment promotes their well-being.” (DEET, 2000:7, my italics) PENG places major emphasis on guaranteeing universality of access to public education, and on equity and social justice. This includes recommendations stating things such as “public schooling promotes diversity, social cohesion and reconciliation” (2000:8), and statements such as: “all people have an equal right to have their interests taken into account in decisions about schooling….All students are welcome in public schools, which must be free from all prejudice and discrimination” (2000:23) and: “Above all, public education is a framework of universal opportunity in which students from every social group should achieve in full measure, and the rights of one are grounded in the commitment to the rights of all” (2000:23) Source: Department of Education, Employment and Training Ministerial Working Party Public Education: The Next Generation DEET, Victoria, 2000 From Seal, Masters thesis, soon to be published | |
| Talking Sexual Health... | Top |
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“Acknowledging diversity among students is crucial to ensuring that school-based programs are relevant to all students. Diversity refers to the broad range of differences amongst students and their communities and includes aspects related to gender, drug use, race, geographic location, culture, socio-economic background, age, disability, religion and sexuality.” (1999:38) The Talking Sexual Health Framework acknowledges that diverse religious views need to be taken into account in developing sexual health programs, but indicates that: “This does not mean that young people with strong religious beliefs should not have relevant teaching about health and safety, especially in sexual health...While it is appropriate for school-based sexuality education programs to take in to account the needs and values which the school serves, consideration must also be given to the sexual health education needs of all students” (1999:42). Source: Australian National Council on AIDS, Hepatitis C and Related Diseases Talking Sexual Health: National Framework for Education about STIs, HIV/AIDS and Blood-Borne Viruses in Secondary Schools Commonwealth of Australia, Canberra, 1999 From Seal, Masters thesis, soon to be published | |
| Framework for Student Support Services in Victorian Government Schools | Top |
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The Suicide Prevention Victorian Task Force Report identifies gays and lesbians, particularly adolescents who are just acknowledging their sexuality, as “a particularly high risk group, especially in rural areas” (1997:40) and as a: “population of special concern”. (1997:38). Developed in response to this report, the Framework for Student Support Services states that schools need to “develop relevant and appropriate curriculum…to enable students to better deal with difficult issues” (1998:1:18), provide “pastoral care and other strategies that support students at risk” (1998:1:18), develop “flexible and appropriate curriculum for students at risk” (1998:1:19) and provide professional development to teachers “with a focus on primary prevention strategies and skills in the identification, monitoring, management and referral of students at risk and the development of a positive and supportive school environment (1998:1:13)". These strategies rely on identification by the school of at-risk young people and their issues. For this to happen for same-sex attracted young people, a culture must be created within the school that is conducive to young people talking about their sexual orientation. Doing so must not feel like an increased risk for the young person, and must not lead to further problems, such as isolation, harassment or disclosures beyond those trusted and permitted by the young person themself. With that said, clearly it must not be a requirement of welfare services and structures aimed at supporting gay and lesbian students that they disclose their sexual orientation before they receive support. Successful support within schools will be geared towards environmental change focussed on school culture and practice, so that all same-sex attracted young people benefit, not just those who publicly identify as lesbian or gay. This need is reflected in the expected outcomes from the Framework, which includes “A positive, safe and supportive school environment that facilitates students achieving their full potential” and: “A range of curriculum programs that address prevention of and response to risk factors and other appropriate outcomes in the Curriculum and Standards Framework” (1998:10). Source: Suicide Prevention Taskforce Suicide Prevention: Victorian Taskforce Report Information Victoria, Melbourne, 1997 Department of Education Framework for Student Support Services in Victorian Government Schools Department of Education, Victoria, 1998 From Seal, Masters thesis, soon to be published | |
| Codes of Conduct - Bullying and Harassment Policies | Top |
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All state schools are expected to develop codes of conduct for both students and staff. These are to be inclusive of anti-bullying and anti-harassment policies. The DE&T Bullying website Addressing Bullying Behaviour – It’s Our Responsibility states that: "The Guidelines for Developing the Student Code of Conduct works on the premise of creating a safe, positive and supportive school environment in which each student can enjoy their opportunities, both academic and social, and achieve their greatest potential educationally. In developing and implementing the Student Code of Conduct schools aim to foster high standards of behaviour based on co-operation, mutual responsibility, self-discipline and the promotion of positive, non-discriminatory relationships among students". (Eduweb website, 2001, my italics) Staff and student Codes of Conduct, and policies addressing bullying and harassment, are appropriate places to refer to Equal Opportunity legislation. In Victoria, this legislation is explicitly inclusive of sexual orientation. Source: Department of Education, Employment and Training Addressing Bullying Behaviour – It’s Our Responsibility www.eduweb.vic.gov.au/bullying/index.htm DEET, 2001 From Seal, Masters thesis, soon to be published | |
| More Information... | Top |
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| For more information you can download part two of the resource: "Same-Sex Attracted Friendly Environments in Schools: a Whole-School Resource". It dicusses in more detail the policy, legislation and frameworks relevant to: "Implementing a comprehensive approach to supporting same-sex attracted students and challenging homophobia" (Ian Seal, Family Planning Victoria, 2003). | |
 Download file to learn more | |