by Cecil McCarthy

PERHAPS the most significant amendments to the Education Act in recent times were those

introduced by the

Education (Amendment)

Act 1996.

Those amendments provide for the search of pupils for certain prohibited items, namely: intoxicating liquor, a controlled drug, a gun or offensive weapon or any article that has been reported stolen.

Prior to the commencement of the act, the legality of searches was questionable and perhaps couldonly have been grounded in those powers that reside in the teacher as substitute parent.

If a search reveals that a pupil has any of the items listed above on his person or in his possession, the principal shall report forthwith the finding to:

(a) The parent of the

child;

(b) The police;

(c) The Chief Education

Officer;

(d) The board or

committee.

The search of the pupil or his property must be conducted in the presence of an adult other than the adult conducting the search. The pupil mustalso be present.

A female can only be searched by a female and in the presence of a female, while a male may be searched by an adult of either sex. A search must be carried out in a private place whether on the school premises or elsewhere and no other pupil other than the pupil who is being searched can be present.

Where a search is carried out by a teacher other than a principal, the teacher is required to "forthwith forward a report in writing" to the principal stating the facts and circumstances relating to the search. The principal is required to institute an inquiry into the circumstances relating to the search whenever a search is carried out by a teacher other than the principal.

A pupil who assaults or uses insulting, abusive or indecent language to a teacher carrying out a search or attempting to carry out a search, or who is found in possession of a controlled drug, gun or offensive weapon or any article that has been reported stolen, is guilty of an offence and is liable to be fined $1 000 if under 16 years or if 16 years or overmay be fined $1 000 or imprisoned for six months or both.

Abusive language

Any person other than a pupil who assaults, obstructs or uses insulting, abusive or indecent language to a principal, deputy principal or teacher carrying out a search or any adult assisting the principal, deputy principal or teacher is guilty of an offence and liable on summary conviction to a fine of $2 500 or imprisonment for one year or both.

Where a pupil of a public school has been found in possession of intoxicating liquor, a controlled drug, gun, offensive weapon or any article reported stolen, the principal may suspendthe pupil for a period not exceeding 15 school days on a first occasion, for a period not exceeding 30 days on a second occasion or he may recommend expulsion. On a third occasion, the principal may recommend to the Board or Committee that the pupil be expelled from school.

A pupil who is suspended shall be required to undergo counselling andrehabilitation for such period and in such programmes as the minister approves.

If the pupil fails or refuses to undergo a period of counselling, he may be expelled.

*Cecil McCarthy

is an attorney-at-law. Send your letters to: Everyday Law, Nation House, Fontabelle, St Michael. Send your email to cnmcc@caribsurf.com