101ProvincialSocial Policy
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An Act to Amend the Education Act

Chamber

pei

Stage

Introduced

This PEI bill requires school boards to create sexual misconduct policies and report related data annually.

Key Changes

  • Requires each PEI education authority to establish a sexual misconduct policy within one year of the law coming into force
  • Defines 'sexual misconduct' in law to include assault, harassment, stalking, voyeurism, indecent exposure, intimate image distribution, and related threats or attempts by school personnel
  • Requires annual reports to the Minister to include data on sexual misconduct complaints, investigation results, and student supports
  • Prohibits annual reports from including personally identifying information about anyone involved in a complaint
  • Requires public consultation before a new policy is created or an existing one is reviewed
  • Requires sexual misconduct policies to be reviewed at least every three years or when directed by the Minister

Gotchas

  • The bill applies to misconduct by school personnel only — it does not explicitly address student-on-student sexual misconduct
  • Annual reports must include investigation results, but personally identifying information is prohibited, which may limit the level of detail publicly available
  • The definition of sexual misconduct can be expanded through regulations by the Lieutenant Governor in Council, meaning the scope could change without a new vote in the legislature
  • New education authorities established after the law comes into force have one year from their establishment date to create a policy, creating a potential gap period
  • The bill does not specify penalties or enforcement mechanisms if an education authority fails to create or review a policy on time

Who's Affected

  • Students in PEI public schools
  • School staff (both instructional and non-instructional personnel)
  • Education authorities (school boards) in PEI
  • Parents and community members who may participate in public consultations
  • The PEI Minister of Education

Summary

This bill amends Prince Edward Island's Education Act to require each education authority (school board) to create a formal policy on preventing and responding to sexual misconduct within one year of the law coming into force. The bill defines sexual misconduct broadly to include sexual assault, harassment, stalking, voyeurism, indecent exposure, sharing intimate images without consent, and related threats or attempts, when committed by school staff. School boards must also include specific information about sexual misconduct in their annual reports to the Minister of Education, such as the number of complaints received, investigation results, and supports available to students. Before creating or updating these policies, boards must seek public input. Policies must be reviewed at least every three years or when directed by the Minister. This bill was introduced as a private member's bill by the Leader of the Third Party. It appears aimed at creating consistent, transparent standards for how PEI schools handle sexual misconduct by staff, and at ensuring the public and government can track how schools are responding to such incidents.

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