Public schools will not be able to test students for drug use until a new Education Act is in place.

To do so under present laws would "technically be an assault,'' a Government lawyer told The Royal Gazette yesterday.

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

Chief Education Officer Mr. Dean Furbert yesterday told The Royal Gazette he had no idea when the new Education Act would be in place.

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

The code is aimed at -- among other things -- reducing two growing problems facing schools Island-wide, violence and drug abuse.

Education Minister the Hon. Clarence Terceira, in February, said he was trying to get the code out as "an accepted document'' by the end of the Education Month.

But yesterday Mr. Furbert said the Ministry was still including the ideas and suggestions it received from principals.

He said principals would then have to ratify the final draft.

A date had not yet been set.

And, he added, the section on drug use and violence needed to be clarified.

"There are legal difficulties with respect to drug testing and we cannot follow through on the drug testing strategies,'' he said.

"We need to clarify the drug testing aspect of the code.

"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.'' Mr. Furbert could not say when this would happen.

But he said: "I think the drafting of that legislation is still ongoing.'' Another contentious point in the code is corporal punishment.

"There are differences on corporal punishment among principals, as there are differences on that subject among the public,'' he admitted.

But Mr. Furbert noted that while principals had authority to administer corporal punishment under the law, the Education Minister had the power to change this.

"Legislation gives the Minister the authority to make rules to govern the administration of the school,'' he said.

Work on the code started last year when seven principals met to produce an outline and initial draft. PTAs also had the opportunity to make submissions.

The Education Ministry also sought input from Police and the Attorney General's Chambers.

Yesterday, Crown Counsel Mr. Philip Storr, who advised the Ministry, said: "You can't insist on a student submitting to a drug test against the parents' willing consent until the law says that.'' This, he said, "will technically be an assault.'' "It has to be a change in legislation which will be done in the new Education Act,'' he confirmed.

"They're working on it at this moment, it is a matter of some urgency, but I can't tell you when it will be ready.'' However, at least two public high schools, Berkeley Institute and Whitney Institute, have begun work on their own drug policies.

Berkeley in January issued a written policy to parents.

The policy allows for drug testing when there is "reasonable cause.'' Students suspected of using drugs are urged to consult a guidance counsellor, and their parents are notified. Students who test positive for drugs may remain in school only if they take treatment, while those who refuse testing are suspended.

Whitney's principal Mrs. Gail Graham earlier this year told The Royal Gazette a committee of parents, trustees, and teachers were working on a drug policy and hoped to have that and a drug education programme in place by September.

Saltus Grammar School, which is private, also has a ten-year-old drug policy which includes immediate expulsion if a student refuses to be tested.

A policy is also being developed at Bermuda High School for Girls. And a drug policy is said to be "imminent'' at Warwick Academy, which will become private in September.

Neither chairman of Berkeley Institute's Board of Governors Mr. Calvin White, nor Mrs. Graham could be reached for comment.

Dr. Terceira -- who has said he would be in favour of drug testing students suspected of using or supplying drugs -- was off the Island and unavailable for comment.

CHIEF EDUCATION OFFICER Mr. Dean Furbert