Introduction The changing face of information technologies and ever increasing pupil / student use of these technologies has meant that the Education Acts have had to change in an attempt to keep pace. Within Part 2 of the Education Act 2011 (Discipline) there have been changes to the powers afforded to schools by statute to search pupils in order to maintain discipline and ensure safety. Schools are required to ensure they have updated policies which take these changes into account. No such policy can on its own guarantee that the school will not face legal challenge, but having a robust policy which takes account of the Act and applying it in practice will however help to provide the school with justification for what it does. The particular changes we deal with here are the added power to search for items under ‘banned the school rules’ and the power to data’ stored on seized electronic devices. ‘delete Items banned under the school rules are determined and publicised by the Headteacher (section 89 Education and Inspections Act 1996). An item banned by the school rules may only be searched for under these new powers if it has been identified in the school rules as an item that can be searched for. It is therefore important that there is a school policy which sets out clearly and unambiguously the items which: are banned under the school rules; and are banned AND can be searched for by authorised school staff The act allows authorised persons to examine data on electronic devices if they think there is a good reason to do so. In determining a reason’ to examine or erase the data or files the authorised ‘good staff member must reasonably suspect that the data or file on the device in question has been, or could be, used to cause harm, to disrupt teaching or could break the school rules. Following an examination, if the person has decided to return the device to the owner, or to retain or dispose of it, they may erase any data or files, if they think there is a good reason to do so. The Head Teacher / Principal must publicise the school behaviour policy, in writing, to staff, parents / carers and students / pupils at least once a year. (There should therefore be clear links between the search etc. policy and the behaviour policy).
Introduction The changing face of information technologies and ever increasing pupil / student use of these technologies has meant that the Education Acts have had to change in an attempt to keep pace. Within Part 2 of the Education Act 2011 (Discipline) there have been changes to the powers afforded to schools by statute to search pupils in order to maintain discipline and ensure safety. Schools are required to ensure they have updated policies which take these changes into account. No such policy can on its own guarantee that the school will not face legal challenge, but having a robust policy which takes account of the Act and applying it in practice will however help to provide the school with justification for what it does. The particular changes we deal with here are the added power to search for items ‘banned under the school rules’ and the power to ‘delete data’ stored on seized electronic devices. Items banned under the school rules are determined and publicised by the Headteacher (section 89 Education and Inspections Act 1996). An item banned by the school rules may only be searched for under these new powers if it has been identified in the school rules as an item that can be searched for. It is therefore important that there is a school policy which sets out clearly and unambiguously the items which: are banned under the school rules; and are banned AND can be searched for by authorised school staff The act allows authorised persons to examine data on electronic devices if they think there is a good reason to do so. In determining a ‘good reason’ to examine or erase the data or files the authorised staff member must reasonably suspect that the data or file on the device in question has been, or could be, used to cause harm, to disrupt teaching or could break the school rules. Following an examination, if the person has decided to return the device to the owner, or to retain or dispose of it, they may erase any data or files, if they think there is a good reason to do so. The Head Teacher / Principal must publicise the school behaviour policy, in writing, to staff, parents / carers and students / pupils at least once a year. (There should therefore be clear links between the search etc. policy and the behaviour policy).
e50f5470-f35d-4ef7-9d43-9dcb1d1e3772.docx