Officials at The Berkeley Institute and Whitney Institute yesterday stressed they would not demand students be tested for drugs without parental consent.

But Berkeley would suspend students whose parents refuse to give consent. They were responding to news from the Attorney General's Chambers that any drug-testing in public schools under the current Education Act is illegal.

Both Crown Counsel Mr. Philip Storr and Chief Education Officer Mr. Dean Furbert told The Royal Gazette that schools were not authorised to order drug-testing without the passing of specific legislation.

Such legislation was expected to be included in a bill being drafted by Government for a new Education Act, Mr. Furbert said.

When contacted yesterday about the legal aspect of drug-testing students, chairman of Berkeley's Board of Governors Mr. Calvin White said: "It won't affect us at all. Our policy does not provide for testing without parental consent. The policy provides for parental involvement from day one.'' Mr. White also noted that teachers and parents gave input on the policy which was implemented in January.

And, he added, parents have expressed support for it.

Whitney principal Mrs. Gail Graham said: "We will continue to put a policy in place. It was never our intention that the policy will be just drug-testing.

"We want a counselling aspect, an assistance aspect, and a drug education aspect.

"What we are working on is putting a total package together.'' While Mrs. Graham admitted there were plans to include a drug-testing policy in the school's drug prevention scheme, she said it would have only been done with parents' consent.

"We might recommend to parents that they have students drug-tested,'' she added.

"I don't know what we will do with the drug-testing aspect (of the policy).

We will probably seek further legal advice on that.'' Mrs. Graham said she received part of Whitney's drug-fighting plan yesterday and she expected that it will be fully in place by September.

Drug-testing was one of several measures planned by some public schools, and implemented by at least one private school, Saltus, to prevent and/or stamp out student drug use and violence.

It was also expected to be included in Government's pending Code of Conduct.

But, Mr. Furbert noted: "There are legal difficulties with respect to drug-testing and we cannot follow through on the drug-testing strategies.''