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Education Act paves way for drug testing

Bermuda will be the first country to drug test students in public schools if Government's new Education Act becomes law.

Education Minister the Hon. Clarence Terceira yesterday told The Royal Gazette he will be revealing the Act, including a section on drug testing, in the House of Assembly on Friday.

The long-awaited Act will give force to the many changes that make up Government's school reform plan.

In May Dr. Terceira said he hoped to table the bill on June 1, but yesterday he said the drug testing issue was part of the reason for the latest delay.

"It's been a long haul because we've been fine-tuning back and forth, particularly since we decided to put in the drug testing section.

"We have not been able to find common law in a country that has done this.

This will be unprecedented.'' Drug testing was one of several measures aimed at reducing drug use and violence in schools.

For the last ten years, private Saltus Grammar School has had a drug policy in place which includes immediate expulsion if a student refuses to be tested.

Bermuda High School for Girls and Warwick Academy -- which will become private in September -- have also been developing drug policies.

And at least two public schools -- Berkeley Institute and Whitney Institute -- have embarked on drug testing plans.

Public schools' substance abuse policies were to be spelled out in Government's pending Code of Conduct.

But under the current Education Act it would be illegal for a school to demand a student be tested.

To do so under present laws would "technically be an assault,'' Crown Counsel Mr. Phillip Storr told The Royal Gazette back in April.

And Chief Education Officer Mr. Dean Furbert said: "We have sought legal advice and were informed that schools are not authorised to proceed with drug testing.

"It can only be done with new legislation put in place. That will be done with the new Education Act which is expected to go to the House.'' Yesterday, Dr. Terceira would not reveal details of the drug testing section of the Act.

"I can't really say what it entails until we get it,'' he said. "It has to go through some education officers tomorrow.'' But Dr. Terceira said he hoped to receive as much input as possible during the summer so that the document could be fully debated in November.

He anticipated that MPs would have to set aside two days to debate the 69-page document which has 74 sections.

"It will take people quite a while to get through it,'' he said. "I think it is a good document. We've been fine-tuning it up to last week.

"It is such an important document because it deals with our children's future. I'm hoping it does not become a political issue.

"We've been back and forth with the Attorney General's Chambers many, many, many times. And we think we've got it right.'' Saying the new Act was not yet "set in concrete'', Dr. Terceira added: "It is a very acceptable document. The Attorney General's Chambers have done it proud. We've had great assistance from them.'' Copies of the Act were expected to be available through Government Information Services.