Letter to Minister Pyne Calling for COAG to Reject Health & Physical Education Curriculum Due to Ongoing LGBTI Exclusion

The Hon Christopher Pyne MP

Commonwealth Minister for Education

PO Box 6022

House of Representatives

Parliament House

CANBERRA ACT 2600

C.Pyne.MP@aph.gov.au

Tuesday 9 December 2014

Dear Minister Pyne

Call for COAG to Reject Health & Physical Education Curriculum Due to Ongoing LGBTI Exclusion

I am writing to you in advance of the COAG Education Ministers Council meeting on Friday 12 December 2014 in Canberra. Specifically, I am writing to request that you, and your state and territory ministerial counterparts, reject the national Health & Physical Education (HPE) curriculum and start again.

I make this serious request on the basis that this curriculum does not ensure that all students are provided with health and physical education that is relevant to their needs, including those students that are lesbian, gay, bisexual, transgender and intersex (LGBTI).

The development of the national HPE curriculum has, like other national curricula, been a long process, with multiple stages of public consultation.

This has included:

None of these versions of the HPE curriculum have been genuinely LGBTI-inclusive. None of these three documents have even included the words lesbian, gay or bisexual. Not once. How can a national HPE curriculum support all students, including those with diverse sexual orientations, if it cannot even name them?

It must also be pointed out that none of the three drafts of the HPE curriculum have included sufficient sexual health information, with no references to sexually transmissible infections, condoms and/or safer sex and, more than 30 years into the HIV epidemic, none have even mentioned HIV or other blood borne viruses. These omissions mean Australian students, including but not limited to LGBTI students, will not be given the information that they need to stay safe in future.

Of course, the national HPE curriculum, like other curricula, underwent an additional review during 2014, after you requested that Mr Kevin Donnelly and Mr Ken Wiltshire review the entirety of the Australian curriculum (see my submission to this review here:  https://alastairlawrie.net/2014/03/13/submission-to-national-curriculum-review-re-national-health-physical-education-curriculum/).

Unfortunately, the outcome of this review, at least as far as the HPE curriculum is concerned, is far from positive (see my summary of this: https://alastairlawrie.net/2014/11/09/the-national-curriculum-review-fails-to-support-lgbti-students/).

In their report, released in October 2014, Mr Donnelly and Mr Wiltshire noted that at least one jurisdiction, one religion-based school system, and a number of other individual schools, have each rejected the inclusion of even minimal content for same-sex attracted and gender diverse students, and will oppose any attempt to introduce comprehensive sexual health education.

The national curriculum review also found that the HPE curriculum is overcrowded, and recommended that “[t]he core content should be reduced and a significant portion should become part of school-based curriculum…” This jeopardises further the few positive references that have made it into the current draft (such as the option for schools to teach students about homophobia, alongside racism, sexism and other forms of discrimination).

Finally, the national curriculum review report supported the views of some religious organisations that the HPE curriculum should grant schools even greater flexibility in how ‘sexuality education’ should be delivered, when it should be delivered (allowing schools to delay provision of this vital information), and even flexibility in who should teach it (commenting that “[w]e think this is the way forward” in response to suggestions that older teachers should deliver these topics).

The specific recommendation in this area notes “[t]he two controversial areas of sexuality and drugs education should remain, but schools should be given greater flexibility to determine the level of which these areas are introduced and the modalities in which they will be delivered…”

The net outcome of the national curriculum review, at least as it concerns Health & Physical Education, is this: a curriculum that already largely excluded LGBTI students and content, is, in practice, found to be essentially optional, with at least one jurisdiction, one religion-based school system, and other individual schools all opting-out. What LGBTI-related subject matter there is remains under threat as the content is slimmed down, while those religious schools that do teach ‘sexuality education’ will have the ‘flexibility’ to choose when it is taught, how it is taught and even by whom it is taught.

This is the exact opposite of what a national curriculum should be. A national Health & Physical Education curriculum should be a document that recognises that, no matter what state they reside in, and irrespective of the type of school they attend (government, religious or private), all LGBTI students have the fundamental right to an inclusive education, to learn about themselves and their sexual orientations, gender identities and intersex status, to be taught that who they are is okay, and not to be silenced, excluded or marginalised.

The existing version of the HPE curriculum does not even come close to recognising that right, and, as such, I believe it should be rejected and the entire curriculum development process begun again.

I call on you and the state and territory ministers attending the COAG Education Ministers Council meeting to take this serious course of action because the failure to do so will have serious consequences for the next generation of LGBTI young people and students.

I am sure you are aware young LGBTI people are at greater risk of experiencing bullying (including homophobic, biphobic, transphobic and intersexphobic discrimination) and physical abuse, are at greater risk of depression and other mental health issues and, most tragically of all, are at greater risk of attempting or committing suicide than their non-LGBTI peers.

The development of a national Health & Physical Education curriculum was an unprecedented opportunity to address some of these issues by guaranteeing that, in their classrooms at least, young LGBTI people were provided with an inclusive and understanding environment. Unfortunately, despite two public consultations and the national curriculum review, the current draft of the national HPE curriculum fails miserably to seize this opportunity.

We can do better, we should do better, we must do better, for the sake of young LGBTI people around the country, now and in coming years. Please reject the national Health & Physical Education curriculum and start again.

Sincerely

Alastair Lawrie

Will Minister Pyne listen to the needs of LGBTI students?

Will Education Minister Christopher Pyne listen to the needs of LGBTI students?

Cc: The Hon Adrian Piccoli MP, NSW Minister for Education (office@piccoli.minister.nsw.gov.au)

The Hon James Merlino MP, Victorian Minister for Education (james.merlino@parliament.vic.gov.au)

The Hon John-Paul Langbroek MP, Queensland Minister for Education, Training and Development (education@ministerial.qld.gov.au)

The Hon Peter Collier MLA, Western Australian Minister for Education (Minister.Collier@dpc.wa.gov.au)

The Hon Jennifer Rankine MP, South Australian Minister for Education and Child Development (minister.rankine@sa.gov.au)

The  Hon Jeremy Rockliff MP, Tasmanian Minister for Education and Training (jeremy.rockliff@parliament.tas.gov.au)

The Hon Joy Burch MLA, Australian Capital Territory Minister for Education and Training (BURCH@act.gov.au)

The Hon Peter Chandler MLA, Northern Territory Minister for Education (minister.chandler@nt.gov.au)

Letter to Minister Piccoli re Proud Schools

UPDATE (Saturday 8 February): Yesterday, I received a response from the NSW Government to my letter about Proud Schools (below). It was not from the Minister, but rather from the Executive Director, Learning and Engagement, in the Department of Education and Communities.

In short, it appears that the NSW Government has completed its review of Proud Schools and on that basis has decided to abandon the Proud Schools pilot/model. Unfortunately, it does not appear as if the review of the Proud Schools pilot is going to be released.

Equally concerning, while the response talks about a “Wellbeing Framework for Education”, there appears to be very little detail about what this might entail. Given the homophobia, biphobia, transphobia and anti-intersex discrimination which continues to affect LGBTI students (a fact reinforced by the Growing Up Queer report, released yesterday), there will need to be a lot more information provided about this framework before it could be supported.

As an aside, I find it curious that in a letter about Proud Schools, and replying to a letter about Proud Schools/the needs of LGBTI students, the response does not refer to LGBTI students specifically, instead making generic statements about ‘all students’. Hmmm…

The full text of the letter:

Dear Mr Lawrie

I write in response to your email of 12 January 2014 to the Hon Adrian Piccoli MP, Minister for Education regarding the Proud Schools pilot. The Minister has asked me to respond on his behalf.

The Department of Education and Communities is committed to providing safe and supportive learning environments that respect and value diversity and that are free from all forms of violence, bullying, discrimination, harassment and vilification.

We know that learning outcomes are better where students are happy, safe and supported at school. We also know that when school communities work together real improvements in promoting understanding and reducing discrimination can be made.

From the Proud Schools pilot it has emerged that a ‘one size fits all’ approach will not be appropriate for a systemic school system.

Significant work is currently underway on developing a Wellbeing Framework for Education. This framework will provide schools with guidance and evidence informed practice to support all students within the context of their school and in consultation with their school communities. The subsequent development of any wellbeing materials will need to carefully balance the wellbeing of all young people.

Thank you for your email.

Yours sincerely

[NAME WITHHELD]

Executive Director, Learning and Engagement

5 February 2014

ORIGINAL POST Today (Tuesday 28 January) is the first official day of the school year for teachers across NSW. Tomorrow, students return to school for the first time in 2014. And yet, with teachers and students coming back, it is still unclear whether something else is returning to NSW schools this year – the Proud Schools program.

A three-year pilot of Proud Schools – which is designed to help schools include LGBTI students, and protect them from bullying – was due to be completed at the end of 2013. The pilot project was also subject to a formal review last year, to help determine whether it should be expanded, and if so in what form.

But, as far as I can tell, this review has not yet been released, and no announcement appears to have been made about the future of the Proud Schools program. Is the Proud Schools pilot being extended? Is the program being rolled out beyond the initial very small number of schools in which is began? Has Proud Schools been axed? If so, has it been replaced with another program aimed at serving the needs of LGBTI students in NSW?

Concerned about the lack of information, I wrote to the NSW Minister for Education, the Hon Adrian Piccoli, about this subject two weeks ago. Below is my letter to him (dated 12 January). I have yet to receive a response to this, but will update this post if I do.

Dear Minister

PROUD SCHOOLS/PROGRAMS FOR LGBTI STUDENTS

I am writing regarding the Proud Schools program, which has been piloted across a small number of NSW schools over the past three years (2011-2013).

I understand that the Proud Schools pilot was the subject of a review by the NSW Government during 2013, and that, following this review, the NSW Government was to make a decision about the long-term future of Proud Schools.

Has this review been finalised? If so, has a decision been taken by the NSW Government concerning the future of the Proud Schools program? If so, when will this decision, and the review upon which it was based, be made public?

I write because there are only two weeks left until the 2014 school year commences, and believe that it is important for schools, teachers and LGBTI students to have some certainty about the future of this program.

Even if the NSW Government decides not to continue with the specific Proud Schools initiative, it is vital that a program which supports the needs of LGBTI students is rolled out across NSW schools, not just in the small number that were involved in Proud Schools, but across the entire state.

This is because LGBTI students are subject to increased levels of bullying and harassment based on homophobia, bi-phobia, trans*-phobia and anti-intersex prejudice, experience higher rates of mental illness as a result of this discrimination, and are at risk of not receiving education that is inclusive of their needs.

I seek your assurance that you are giving this issue priority, and will have a program in place in NSW schools from the beginning of the 2014 school year.

I look forward to your response to this letter.

Yours sincerely

Alastair Lawrie

Letter to Minister Pyne re Health & Physical Education Curriculum and Appointment of Mr Kevin Donnelly

UPDATE (Saturday 8 February): This week, I received a reply from Minister Pyne to my letter to him, on 11 January (see below), in which I requested that he sack Mr Kevin Donnelly from the national curriculum review because his homophobia made him unsuitable to be involved in any review of a Health & Physical Education curriculum.

In a somewhat unsurprising, but nevertheless extremely disappointing, response, Minister Pyne did not address any of the comments made by Mr Donnelly, nor deal with the problem that through his comments Mr Donnelly appears to be unable to oversee a HPE curriculum that serves the needs of all students, including lesbian, gay, bisexual, trans* and intersex (LGBTI) students.

So, while the issue of Mr Donnelly’s homophobia has received welcome public scrutiny, especially over the course of the past week, it seems Minister Pyne doesn’t really care about it – certainly not enough to actually respond to concerns which are put directly to him.

Which, sadly, makes me even more fearful of what the final HPE document will look like when it is released later in 2014.

Full text of Minister Pyne’s letter:

Dear Mr Lawrie

Thank you for your email of 11 January 2014 regarding the review of the Australian Curriculum.

As the Minister for Education, I am focussed on improving schools and student outcomes through proven policies and initiatives. Under our Students First approach, the Coalition Government is working with the states and territories on the priority areas of teacher quality, principal autonomy, parental engagement and strengthening our curriculum.

Over the past ten years, education outcomes in Australia have gone backwards, both relatively against other countries, but also in real terms. Some have identified that the reason for this is due to our curriculum not being robust enough.

I appointed Professor Ken Wiltshire AO and Dr Kevin Donnelly to review the curriculum to evaluate its robustness, impartiality and balance. Between them, Professor Wiltshire and Dr Donnelly have a tremendous amount of experience in not only the school education sector, but also in education curricula. I am confident that their considerable expertise will allow them to bring a balanced approach to this review process.

The reviewers are interested in hearing the views of parents and communities, educators and schools, and state and territory governments, to inform their analysis. This is an open public consultation process where the community are able to have their say.

I appreciate you taking the time to contact me to express your views. I encourage you to make a submission to the review. Comments will be accepted until Friday 28 February 2014. Information can be found at http://www.studentsfirst.gov.au/review-australian-curriculum.

Yours sincerely

Christopher Pyne MP

29 January 2014

ORIGINAL POST 11 January: Dear Minister Pyne

LGBTI INCLUSION IN NATIONAL HEALTH & PHYSICAL EDUCATION CURRICULUM AND APPOINTMENT OF MR KEVIN DONNELLY TO CURRICULUM REVIEW

I wrote to you in September 2013, following your appointment as Commonwealth Minister for Education, regarding the development of the National Health & Physical Education (HPE) curriculum by the Australian Curriculum, Assessment and Reporting Authority (ACARA).

In that letter, I raised serious concerns about the draft HPE curriculum, including both the initial draft released in December 2012, and revised draft, released in mid-2013, specifically:

  • That the draft HPE curriculum failed to include lesbian, gay, bisexual, transgender and intersex (LGBTI) students, and content relevant to their needs;
  • That the sexual health information provided in the draft HPE curriculum was grossly insufficient; and
  • That the draft HPE curriculum was inadequate because it failed to even mention HIV, or other blood borne viruses (like hepatitis B and C), let alone ensuring students received the vital education necessary to reduce future transmissions.

I note that, since that letter, the COAG Standing Council on School Education and Early Childhood (SCSEEC) met in Sydney on 29 November 2013. Significantly, that meeting did not endorse the draft HPE curriculum, but instead it was only ‘noted’. From the communiqué:

“The Standing Council today noted that ACARA has developed the Australian Curriculum content and achievement standards for … health and physical education … according to its current curriculum development processes.

Ministers noted that the Australian Government will be undertaking a review of the Australian Curriculum, and will bring forward recommendations from the review to the Standing Council in 2014.”

This means that there should be the opportunity for the Health & Physical Education curriculum to be improved as part of the overall review. In particular, there is now time for the HPE curriculum to be amended to specifically include LGBTI students and content, increased sexual health information and education about HIV and other BBVs.

Unfortunately, following your announcement yesterday, Friday 10 January 2014, of the two people entrusted with reviewing the curriculum, I have serious doubts that any improvements are now possible. Indeed, I am concerned that whatever amendments are made to the HPE curriculum will be entirely negative ones, and further contribute to the exclusion and marginalisation of LGBTI students in Australia.

This is because one of the people you have appointed, Mr Kevin Donnelly, has made sustained negative comments about the education needs of LGBTI students over the past decade.

For example, in 2004 Mr Donnelly is reported as saying that “[v]ery few parents would expect that it is the role of schools to teach children about the positive aspects of gay, lesbian and transgender sex lifestyles” and that “[f]orgotten is that many parents would consider the sexual practices of gays, lesbians and transgender individuals decidedly unnatural and that such groups have a greater risk in terms of transmitting STDs and AIDS” (source: Sydney Morning Herald, 3 May 2004, “Government staffer says new-age warriors waging culture wars in class”).

Mr Donnelly returned to similar themes the following year, criticising the Australian Education Union for arguing that “school curricula should “enhance understanding and acceptance of gay, lesbian, bisexual and transgender people.”” He went on to write “[f]orgotten is that many parents would consider the sexual practices of GLBT people unnatural and that most parents would prefer their children to form a relationship with somebody of the opposite sex. This is apart from the fact that many parents expect that it is their duty, not that of teachers and schools, to teach such sensitive matters” (source: News Weekly, 26 March 2005, “Teacher Unions Enforcing the Gender Agenda”).

In the same article, he wrote “it is also wrong to introduce students to sensitive sexual matters about which most parents might be concerned and that the wider community might fine unacceptable” in response to a lesbian teacher simply telling her students of her relationship.

Mr Donnelly’s views are not confined to last decade, either. In an article published on The Drum website on 6 December 2011 (“Marriage Equality: Secrets of a Successful Campaign”), he wrote:

“Such has been the cultural-left’s success in relation to gender issues that the so-called Melbourne Declaration, the blue print for Australian school education, argues that all school sectors, faith based, independent and government, must provide an education free of discrimination based on gender and sexual orientation.

A strict interpretation of the Melbourne Declaration is that religious schools will lose the freedom they currently have to discriminate in relation to who they enrol and who they employ. One also expects that the proposed national curriculum, in areas like health, will enforce a positive view of GLBT issues.”

Implicit in these comments is that private/religious schools should be able to discriminate against LGBTI students and teachers, and that the national curriculum need not include a positive approach to ‘GLBT issues’.

In short, over the past decade, Mr Donnelly has repeatedly argued against positive representations of LGBTI students and issues, has argued that same-sex relationships are ‘sensitive matters’ that should not be referred to in schools, and has on multiple occasions repeated the view, without condemnation, that “many parents would consider the sexual practices of GLBT people (decidedly) unnatural”.

As part of his role in reviewing the broader national curriculum, Mr Donnelly will have responsibility for reviewing the draft national HPE curriculum. Based on his public comments of the past decade, he is eminently unsuitable for this position. In my view, Mr Donnelly has amply demonstrated that he is incapable of reviewing, and redrafting, a national Health and Physical Education curriculum that meets the needs of all Australian students, not simply those who are cis-gender and heterosexual.

Given this evidence, the responsible course of action for you to take, as Commonwealth Minister for Education, would be to terminate his appointment. I urge you to do so.

Irrespective of what decision you take in relation to Mr Donnelly’s specific role, your announcement of the broader curriculum review on 10 January has confirmed that it is now your responsibility to ensure that the final Health and Physical Education curriculum is genuinely inclusive, and meets the needs of all students, including LGBTI students. This is a serious burden, and one that I sincerely hope you give serious attention to during 2014.

Thank you in advance for your consideration of the matters raised in this letter. I look forward to your reply.

Yours sincerely,

Alastair Lawrie

Letter to Christopher Pyne re LGBTI Exclusion from National Health & Physical Education Curriculum

With the election of the Abbott Liberal/National Government on September 7 2013, Christopher Pyne has been appointed the new Commonwealth Minister for Education.

I have written the below letter to Minister Pyne about the exclusion of LGBTI students and issues (as well as sexual health and HIV) from the draft national Health & Physical Education curriculum. It is my third letter on this subject to the third Commonwealth Education Minister over the past 6 months (with previous letters to Minister Peter Garrett and Minister Bill Shorten).

Given there is little evidence these problems have been addressed by ACARA so far, here’s hoping for third time lucky.

The Hon Christopher Pyne MP

Minister for Education

PO Box 6022

House of Representatives

Parliament House

CANBERRA ACT 2600

Sunday 29 September 2013

Dear Minister

LGBTI INCLUSION IN NATIONAL HEALTH AND PHYSICAL EDUCATION CURRICULUM

Congratulations on your recent appointment as the Commonwealth Minister for Education. As you are aware, in this role you are now the Minister responsible for overseeing the development of the national Health and Physical Education (HPE) curriculum.

A draft national HPE curriculum was released by the Australian Curriculum, Assessment and Reporting Authority (ACARA) in December 2012. Public consultation on this document closed in April 2013. A redrafted HPE curriculum was released for limited public consultation in July, although submissions on that document have now also closed. This means that final drafting is currently taking place by ACARA, leading to potential agreement between the Commonwealth and the States and Territories in the final three months of 2013.

Unfortunately, the draft HPE curriculum as released by ACARA (and even the redraft released in July) does not guarantee an inclusive and relevant education for all Australian students, because it neglects to address the needs of lesbian, gay, bisexual, transgender and intersex (LGBTI) students.

For example, throughout the entire 80-plus page original document the words lesbian, gay, bisexual, transgender or intersex did not appear even once. The redraft still did not include the words lesbian, gay or bisexual, and, while it did include the terms transgender and intersex (once each), it erroneously included both under the definition gender diverse (intersex is a biological characteristic and not a gender identity). It is impossible for a HPE curriculum to deal with the health needs of these students without being able to name them.

Unfortunately, an introductory paragraph from the original document which at least acknowledged that ‘same-sex attracted and gender diverse students’ (which in any event does not include intersex) exist in all schools across Australia has been amended such that this statement has been omitted. That same paragraph states that the curriculum is designed to allow schools ‘flexibility’ to meet the needs of same-sex attracted and gender diverse students, rather than mandating that all schools must provide an inclusive education. This falls short of the basic requirement that every student, in every classroom, has the right to a comprehensive health education, irrespective of their sexual orientation, gender identity or intersex status.

There are two other significant problems with the draft HPE curriculum as released. While it now at least refers to both reproductive and sexual health, it fails to provide any detail of how this topic is intended to be taught, and omits any mention of safer sex and/or detailed instruction on condom usage and other vital sexual health messages. In short, it does not include sufficient detail for the health needs of the next generation.

The second additional problem is that the entire document (both original and redraft) does not use the term HIV, or AIDS, once. While new treatments have significantly improved the health outcomes of people living with HIV, an HIV diagnosis remains a serious thing. I think it is irresponsible not to specifically mention this virus, together with the ways that it can be prevented, in a HPE curriculum. The 2012 NSW notifications data released in July 2013, which showed a 24% increase in HIV diagnoses, reinforces the need for HIV education to be included in the curriculum. Please find attached a copy of my submission to the original ACARA public consultation process, which outlines my concerns in these, and other, areas in greater detail.

Most importantly, please find attached a copy of a Change.org petition which I initiated on this topic addressed to one of your predecessors as Commonwealth Minister for Education, the Hon Peter Garrett MP, and his state and territory counterparts. Given these issues were not addressed in the redraft, the burden of rectifying these glaring omissions from the HPE curriculum now falls upon you as the new Commonwealth Minister for Education, as well as your state and territory colleagues.

This petition – calling for the HPE curriculum to be LGBTI inclusive, include sexual health and include HIV – was incredibly well-received, and secured more the 6,000 signatures in just over 3 weeks. This shows the depth of the community’s concerns that LGBTI students are included in the school curriculum, and ensuring that the content is relevant to them.

I would strongly encourage you to also read the reasons which people provided explaining why they signed this petition. They include descriptions of harm that people experienced because they had not received an inclusive education themselves when they were at school. Future students should not experience the same silence and stigma that these people suffered.

The reasons which people provided for signing the petition also demonstrate that this is an issue which matters to people from right across the community – young and old, LGBTI and their family and friends, and general members of the community who understand that all students have a right to be included.

Thank you for taking the time to read this letter, my submission to ACARA and the Change.org petition and comments which are attached. Thank you for considering this issue.

Yours sincerely,

Alastair Lawrie