What to do when a student’s parent observes that their child is violated in their rights at school? Complain, of course, but to whom and how? Anyone who has been through such a situation knows that the exercise is laborious. However, the law provides for the use of the services of the Student Ombudsman associated with each school service center.
A report by the Québec Ombudsman (2017), however, highlighted the inefficiency of the process. On November 23, 2021, the Minister of Education tabled Bill 9, which would make it possible to better define the handling of complaints, with a view to greater efficiency, impartiality and transparency.
In its 2007-2008 annual report, the Québec Ombudsman already denounced the lack of an effective remedy in schools. The Ministry of Education followed up on this opinion by amending the Law on Public Education and proposing a regulation on the procedure for examining complaints.
Complaints handling
Each school board (transformed in 2020 into a school service center) had to have a Student Ombudsman responsible for handling complaints, validating information and forwarding to the board of directors.
from the school service center an opinion on the merits of the complaint and the possible corrective measures.
These complaints touch on a wide range of problems, for example cases of bullying at school, difficulties in accessing school transportation, inadequate or non-existent services for students with disabilities or with learning or adjustment difficulties.
The 2017 report of the Québec Ombudsman drew up a documented assessment of the application of the remedy. He noted that the process is long and complex; that complaints are reserved for parents and adult students; that the possibility of recourse is unrecognized; and that gaps are observed in accountability.
During the election campaign, the Coalition Avenir Québec promised to modify the process, considering the problems identified. It is in this context that the Minister of Education tabled Bill 9 on November 23, 2021.
This aims to speed up, standardize and strengthen the process; to enhance the independence of the institution; to professionalize the function; and to ensure better accessibility to the service.
He proposes to create an independent body under the governance of a National Pupil Protector. Guided by the National Protector, regional protectors would be responsible for serving all of Quebec. The project
This law provides for the establishment of a uniform process which would apply to the public network, but also to the private network, which is a novelty.
A good welcome
Bill 9 is well received by education stakeholders and parents’ associations. It offers a well-constructed process that is likely to make complaints management more efficient and impartial. It helps to professionalize the function of student protector, which guarantees fairer and more equitable decisions. For the moment, it is a project, and even when a law is adopted, its implementation sometimes fails.
The choice of the person who will assume the function of National Protector will make a difference. It is desirable that it be of the same scope as the Ombudsperson, in order to guarantee the credibility of the process. However, this renewed process can make a difference and alleviate the problems observed.
Jean Bernatchez, Ph.D.
Professor of School Administration and Policy – University of Quebec at Rimouski