Body search, what is allowed?

[DirkB]

What happens if a learner refuses or fails a drug test?

I believe that children have their own body autonomy and should consent to a search or not themselves unless there is reasonable suspicion of a crime that justifies physically searching a minor. Everyone feeling anxious and violated for what reason? If its not invasive, then anyone with half a brain who actually has drugs won't be caught by it because they will have the drugs hidden.

"let people in authority touch you in order to go to school or avoid getting in trouble" is what it sounds like to me

It depends on the school's policy but at our school we don't do drug test to nail that student, we do it so that we can then offer support. Yes, there are consequences but we utilize a corrective discipline system. As for a learner not wanting to be searched, it depends on the school's policy. We then contact the parents to assist. At least at our school we are not trying to humiliate learners but you will surprised at how many weapons (knives) we confiscate. These end up threatening the safety of other learners and staff.

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[Stevendr]

It depends on the school's policy but at our school we don't do drug test to nail that student, we do it so that we can then offer support. Yes, there are consequences but we utilize a corrective discipline system. As for a learner not wanting to be searched, it depends on the school's policy. We then contact the parents to assist. At least at our school we are not trying to humiliate learners but you will surprised at how many weapons (knives) we confiscate. These end up threatening the safety of other learners and staff.

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I am all for ensuring the safety in schools, you do not have a weapons in school problem, you have a violent student behaviour problem. I also used to take a knife to school, and I used mine to cut biltong to share amongst my friends. Those violent students will use whatever means possible to achieve their goals, be it a gun, knife, half-brick, hands, etc and the list goes on.

The behaviour of violent students needs to be addressed and we as a society need to help them where we can to ensure they do not go down the wrongs paths in life, and become lifetime criminals.

[oafpatroll]

Many, if not all of the private schools my daughter and her peers attend require you to consent to searches and/or drug tests. I'm fine with that but would balk at having saps involved as I actively mistrust their ethics and competence.

[Gleock]

Random searches are not allowed.
It is covered in the Schools act, the department also has guidelines.

There needs to be reasonable suspicion and the search can only cover the areas identified in the information giving rise to the suspicion. i.e if it's in bags they can't do body searches etc.

[Trundle]

Homeschooling FTW.

[DirkB]

I am all for ensuring the safety in schools, you do not have a weapons in school problem, you have a violent student behaviour problem. I also used to take a knife to school, and I used mine to cut biltong to share amongst my friends. Those violent students will use whatever means possible to achieve their goals, be it a gun, knife, half-brick, hands, etc and the list goes on.

The behaviour of violent students needs to be addressed and we as a society need to help them where we can to ensure they do not go down the wrongs paths in life, and become lifetime criminals.

Agree 100%....

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[DirkB]

Random searches are not allowed.
It is covered in the Schools act, the department also has guidelines.

There needs to be reasonable suspicion and the search can only cover the areas identified in the information giving rise to the suspicion. i.e if it's in bags they can't do body searches etc.

SASA contains elaborate procedures in Section 8A, subsection (1) to (14) and regulates the circumstances and conditions under which random search and seizure and drug testing in schools may be conducted and dealt with. The following critical provisions are highlighted:

(a) The principal or his/her delegate must conduct the body search, but must be of the same gender as the learner. The principal or his/her delegate may also, at random, administer urine or other non-invasive tests to a learner. These activities may be carried out based on a fair and reasonable suspicion that dangerous objects and/or illegal drugs may be found on school premises or during a school activity;

To be honest, we can always reasonably assume that there are drugs and weapons. We have never done a search and not found any.

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[philipjordaan10]

SASA contains elaborate procedures in Section 8A, subsection (1) to (14) and regulates the circumstances and conditions under which random search and seizure and drug testing in schools may be conducted and dealt with. The following critical provisions are highlighted:(a) The principal or his/her delegate must conduct the body search, but must be of the same gender as the learner. The principal or his/her delegate may also, at random, administer urine or other non-invasive tests to a learner. These activities may be carried out based on a fair and reasonable suspicion that dangerous objects and/or illegal drugs may be found on school premises or during a school activity;To be honest, we can always reasonably assume that there are drugs and weapons. We have never done a search and not found any. Sent from my SM-A736B using Tapatalk

Thanks DirkB That answers my question.

[Gleock]

SASA contains elaborate procedures in Section 8A, subsection (1) to (14) and regulates the circumstances and conditions under which random search and seizure and drug testing in schools may be conducted and dealt with. The following critical provisions are highlighted:

(a) The principal or his/her delegate must conduct the body search, but must be of the same gender as the learner. The principal or his/her delegate may also, at random, administer urine or other non-invasive tests to a learner. These activities may be carried out based on a fair and reasonable suspicion that dangerous objects and/or illegal drugs may be found on school premises or during a school activity;

To be honest, we can always reasonably assume that there are drugs and weapons. We have never done a search and not found any.

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These activities may be carried out based on a fair and reasonable suspicion

The below will not satisfy the test.
We have never done a search and not found any.

[DirkB]

The below will not satisfy the test.
We have never done a search and not found any.

I am not a lawyer so I will not argue the legality of it and will rather stay in my lane. What I can tell you is that is expected of us. Attached is screen shot of P.44 of the School Safety Framework (link below). We need to submit this form to the department annually and it was explained to us as I understand it, ie, an instruction from my employer. Perhaps someone should then take them to court and have them correct it.

https://www.google.com/url?sa=t&rct=...JXjgiRIdU2AUK1