Attention: Phil Lees

Re: P.A.C.E. Application - Status Summary

For the past two years, senior administration at The Hamilton-Wentworth District School Board has been involved in ongoing discussions with People for Alternative Community Education (P.A.C.E.).

P.A.C.E. is a community group that wishes to assist The Hamilton-Wentworth District School Board in establishing an innovative educational program, which is values-based and intended to address the educational needs of the families who identify themselves as part of the traditional Judaeo-Christian community. P.A.C.E.'s rationale rests in their belief that, in the past fifteen years, society and education have become increasingly secular; many families have found curriculum materials and/or methods of presentation to be offensive. P.A.C.E. believes that the selection of curriculum materials and instructional strategies used in the schools tend to reflect, perhaps unknowingly, a humanistic value system and worldview. P.A.C.E. represents families who practise faith-based, Judaeo-Christian worldview/value system, and are often offended by materials that are perceived as emphasizing one value system over another, or have the effect of undermining the traditional value system and spirituality of their children.

P.A.C.E. families have stated that they are not asking for a sectarian approach to education, where students are instructed in the doctrine of their faith, as provided by the Catholic education system and many private religious schools. They view their request as meeting Ministry of Education curriculum expectations using materials and learning techniques that are not offensive to, or undermine, the belief systems of families, and provides an educational environment with instructional staff, who 'help students to connect their learning to their own life experiences and spiritual understandings'.

The Board's solicitors examined the P.A.C.E. proposal on two separate occasions. A response was provided on March 15, 2002. This first response recognized that P.A.C.E. was proposing the creation of a "non-denominational" program. However, it was noted that this only meant it was not one particular denomination of the Christian faith. Although these principles may be admired and even emulated, they are viewed as Christian education. After completing a review of the BAL v. Ontario (Attorney General) case, it was our solicitor's opinion that the Board did not have the authority to create a Christian alternative program supported with public funds.

The second solicitor's response was received on March 4, 2003. After examining a revised P.A.C.E. proposal, the Board solicitors recognized the second submission strived to bring itself within the parameters of the Education Act by addressing some of the issues raised in the first submission. However, it is the opinion of our Board solicitors that the amendments will not likely withstand judicial scrutiny if challenged, given the existing jurisprudence.

Our solicitors are aware that other school boards in the province have programs that are arguably similar to the P.A.C.E. proposal. However, they view this as not necessarily meaning such programs comply with the Education Act, even if we assume these programs are identical to the P.A.C.E. proposal. In their advice to the Board, they noted that Alan Wolfish, the Director of Legal Services for the Ontario Ministry of Education, was contacted by P.A.C.E. It is their understanding Mr. Wolfish confirmed that the approval of any alternative program falls within the jurisdiction of the school Board. To this acknowledgement our solicitors agree. However, it is noted that the Ministry's position is they are not aware of any program presently being operated that contravenes the Education Act. They view such an assertion as not an endorsement of P.A.C.E. or other alternative programs. They view this position as simply an enforcement issue. Whether other programs comply with the Education Act is unknown without the availability of an audit or legal challenge. Therefore, the Board's legal advice suggests there is not sufficient information to assess the legal status of these programs. In addition, it is noted by the Board solicitors that enforcement is often driven by government policy. Should there be a change in government, it may be that some of these 'alternative' programs could come under closer scrutiny, or could be challenged even in the absence of a specific complaint.

It is the position and practice of The Hamilton-Wentworth District School Board to consider innovative programming to meet the diverse needs of its community. Clearly, the members of P.A.C.E. have put a great deal of effort and thought into their proposal. The proposal likely would be beneficial to the school board. However, without a clear assurance that the proposed program presented by P.A.C.E. meets the requirements of the Education Act, the Board's senior administration is reluctant to recommend to the Board the endorsement of a P.A.C.E. pilot program.

Sincerely,

Chuck Reid
Superintendent of Education

CR:mm
cc: Mr. Merv Matier, Director of Education & Secretary
Dr. Jim Murray, Supervisor