Legal advice allays teachers' search fears

Schools have been told they can now search pupils for weapons and drugs without fearing legal action.

Secondary schools have been sent a "search and seizure" policy from the Secondary Principals' Association's lawyer, covering searches for weapons, drugs, alcohol, cigarettes, pornography or stolen property.

The association sought legal advice after concerns that pupils could take schools to court for breaching the Bill of Rights. Teachers feared they could be charged with assault or reported to the Teachers Council if they searched pupils.

Two teachers have been stabbed recently. Association president Patrick Walsh said last month's stabbing of a Te Puke High School teacher and drug searches at other schools highlighted the "uncertainty of the law".

The legal advice would give schools relief till the Education Ministry developed guidelines. "Schools needed this advice. If someone is seriously assaulted or murdered at school, people will ask why no-one intervened. But if someone does intervene, they could end up in court."

The policy was a well considered legal opinion that would give everyone more confidence to search, as well as peace of mind.

The number of assaults with weapons at education institutes jumped from 21 in 2007-08 to 24 in 2008-09. During the same period common assaults rose from 426 to 437.

Education Minister Anne Tolley has instructed the ministry to do urgent work on developing guidelines. A spokesman said these were at an early stage.

A ministry document says there is a "grey area" in the powers of school staff to search and seize.

"Under the NZ Bill of Rights Act, everyone has the right to be free from unreasonable search or seizure. So the real issue is defining the limits of a reasonable search."

SCHOOL RULES

Legal advice to schools about searching for weapons and drugs:

Pupils may be asked at any time by a teacher to empty their pockets or open their bag or locker.

Pupils must be present at all times during a search of their property. Teachers may retain any illicit item found.

If a pupil does not agree to a search, the pupil will be asked to go to the deputy principal's office. The pupil will then have the opportunity to ask any questions they have about the search, and the pupil's parents will be phoned. The pupil will be supervised at the office until the arrival of a parent or guardian.

Once the parent or guardian has arrived, the pupil will again be asked to empty their pockets or to open their bag or locker. If they do not agree, such refusal will be dealt with as a disciplinary matter.

If a parent or guardian is unavailable, a school counsellor will be asked to attend in support of the pupil.Source: Secondary Principals Association

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