Tairangi School Procedure Statement

The Surrender and Retention of        NAG 5 Health & Safety

Property and Searches                       NAG 6 Regulation and Legislation

Refer to the “Guidelines for the surrender and retention of property and searches” publication. Ministry of Education January 2014.

Rationale

The school has a requirement to provide a safe physical and emotional environment for students and staff.  There is a legitimate expectation that the school environment will be free from drugs, weapons, alcohol and cyberbullying.

There may be times when a student has or is suspected to have an item that is either harmful to the physical or emotional safety of students and staff or harmful to the learning environment.

These guidelines and procedures will be followed when a teacher has reasonable suspicion that a student has a harmful item and requires the student to hand it over.

These procedures will comply with the Education Act section 139AA1 1989 and the Education (Surrender and Retention and Search) Rules 2013.

Guidelines        

  1. An item can be considered harmful if it is likely to endanger the physical or emotional safety of others or it is likely to have a negative or disruptive effect on learning or general discipline.
  2. If the teacher has a reasonable suspicion that the student is in possession of a harmful item they can request the student to hand it over.
  3.  If a student refuses to hand over the item a teacher may initiate a search under the search guidleines below, or the teacher may decide to enact other disciplinary measures such as inform the parents.

Search Guidelines

  1. Before a search is initiated sometimes the offending item will be surrendered after the student has been given time to consider the situation.
  2. Other disciplinary strategies may be used instead of a search such as supervising the child while their parents are called.
  3. Desks and lockers, that are provided for the students for storage, and any bags and containers within the desk or locker, may be freely searched.
  4. Have another staff member, preferably the same gender as the student, present while carrying out a search.
  5. A search should be conducted out of view of others other than the second staff member, wherever practicable.
  6. The teacher can request a student to surrender their personal bags or other containers  the student is in control of. Please note if the bag is in the locker, or other place supplied by the school in which to store their bag eg coatpeg then it can be searched freely).
  7. The teacher can request a student remove their outer clothing (jackets, cardigans, shoes and socks, tops as long s they are not the last layer of clothing over the student’s underwear), and then the teacher may search through the clothing
  8. The teacher can request the student empty out their pockets. Do not, under any circumstances, search pockets etc while the student is still wearing the clothing.
  9. If the student refuses to comply,  the school disciplinary processes will be followed such as supervising the child while the parents  and/or Police are called.
  10. The teacher needs to have a reasonable suspicion for a search to be carried out on one or more students, however, blanket searches, of the whole class or group of students, is unlawful.
  11. Teachers will keep a written record of any searches, including …
    Date and reason
    Name of student
    Names of staff
    Outcome
  12. These records will be kept in the Office Filing system and kept for 7 years.

Teachers will not use force to carry out any search. If it becomes unsafe, stop the search, supervise the student and inform parents and or Police.

Retention Guidelines
If an item is deemed to be  unsafe to the physical or emotional safety of others (text message, lighter, craft knife, screw driver, gang paraphenalis etc) or is detrimental to the learning environment (eg. i-pods, lollies, stolen goods etc) then teachers may confiscate the offending item.

  1. Any item deemed harmful may be kept by the school. All care should be taken to keep it safe and secure.
  2. For most items it will be given back to students at the end of the day and the student asked not to bring the offending item back. Record such incidents on e-tap.
  3. Some items may be kept and parents will be informed and asked to pick up the offending item. Record such instances on e-tap.
  4. Some items that are illegal (drugs, weapons) will be handed into the Police.
  5. If the school keeps an item for more than 2 days, or handed to the Police, a written record must be kept. This record will include the Date, Name of student, Name of staff member, Outcome. These records will be filed as Searches Records above. Records also on e-tap.
  6. A digital device that has an offending message or image can be retained and returned to parents or Police.
  7. Stolen items can be deemed to be ‘detrimental to the learning environment’ whether or not the item is harmful and the student  requested to hand it over.

Procedures

Please refer to the attached Flow Chart.

All procedures will follow the guidelines as set out in the

“Guidelines for Surrender and Retention of Property and Searches” MOE publication January 2014.

WEAPONS        NAG 5 Health & Safety

Under this Procedure Statement we believe a weapon to be a gun, knife, or an object used or intended to be used in a threatening manner (e.g. bottle, screwdriver, compass, scissors)

The following procedures are to be followed by the school:

  1. Weapons of any sort are not permitted at school.  Any weapon that is brought to school will be immediately made safe by a senior teacher and brought to the attention of the Principal.
  2. Students who bring a weapon to school will be either stood-down or suspended for a specified period.

    Students who threaten to use weapons at school or who do use them against other children or adults will be suspended indefinitely.  The Board of Trustees will then decide whether to exclude them or to withdraw the suspension.
  3. Counselling will be provided for any victims of weapons threat or attack.
  4. The school will encourage parents of students who bring weapons to school to involve the Police or other appropriate agencies to work on issues of weapons safety with their children.
  5. If any firearms are discharged at school or if there is serious injury by a weapon, the first concern is to provide assistance to victims and the safety of students and adults at the school.  The Principal and senior staff will be responsible for providing as much safety as possible.

    In the instances of firearm discharge or a weapon causing serious injury, the Police will be called immediately.

Any comment to the media on issues surrounding weapons must only be made by the Board of Trustees Chairperson or the Principal.


File:Surrender&Searches 5&6        Procedure Statement – Surrender and Retention of Property and Searches