TEACHERS will not be afforded stop and search powers in the wake of the Bailie Gwynne killing amid claims it would put them on an even footing with police officers.
Ministers were urged to consider the move by an independent review into the stabbing of the 16-year-old at Cults Academy in Aberdeen in October 2015.
But Deputy First Minister John Swinney said the recommendation had been considered carefully but would not be progressed.
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However he said the Scottish Government would push for a UK-wide crackdown on the sale of knives online in the wake of the death.
Bailey, 16, was stabbed during a fight with a fellow pupil at Cults Academy.
His killer, a 16-year-old youth who cannot be named due to his age, was jailed for nine years in April last year after a jury found him guilty of culpable homicide and carrying weapons.
The trial at the High Court in Aberdeen heard the knife used in the stabbing had been bought online, without the killer having to prove his age.
Pupils in Scottish schools currently have to give their consent to be searched, with police notified if it is withheld and a child or young person is suspected of carrying a weapon.
Mr Swinney told MSPs at Holyrood: "Changing the law would confer statutory powers on teachers, allowing them to compel a young person to be searched.
"Currently outside of the prison system this power is held only by the police. We would therefore be placing teachers on the same footing as police officers if we were to change the law.
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"This would radically change the teacher/pupil relationship, which is often fundamental to encouraging young people to change challenging behaviour, and potentially damage the school ethos and commitment to positive relationships that currently exists in Scottish schools."
Mr Swinney said schools and councils already have "robust" measures in place to address violence and weapons, but refreshed guidance will be issued to reinforce the consensual search process.
He said the guidance, to be published in the spring, will also make clear that any incident "must be monitored and recorded at a local level".
The multi-agency review, led by child protection expert Andrew Lowe, also called on the Government to "explore the further legislative controls that can be brought to bear on the purchase of weapons online''.
In response, Mr Swinney said the impact of a change in the law in Scotland alone would be limited and UK-wide action would be more effective.
He said Scottish Justice Secretary Michael Matheson had written to Sarah Newton, the relevant UK minister, "to seek agreement to a UK-wide approach to address concerns about the online sale and delivery of knives".
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Mr Swinney added: "I cannot imagine what the last year has been like for Bailey Gwynne's family but I want, on behalf of the Scottish Government, to express my heartfelt sympathies to them and to acknowledge the resilience and dignity they have shown since Bailey's death."
Larry Flanagan, general secretary of the Educational Institute of Scotland (EIS), the country’s largest union for teachers and lecturers welcomed the announcement, saying the Scottish Government had delivered "an appropriately measured response on what is clearly a very challenging and emotive issue".
Mr Flanagan added, “Experience from England, where teachers have such power, does not suggest that it is a crucial area of intervention. Instead the focus should continue to be on building positive relationships in schools, creating an atmosphere of trust so that students can report concerns to staff, and ensuring that students are aware of the dangers associated with carrying weapons.”
Conservative education spokeswoman Liz Smith said she accepted the government's reasons for opposing compulsory searches, but asked for guidance on consensual searches to be made clearer.
Labour's Claire Baker welcomed the review and the work of Aberdeen City Council, saying "parents must know their children are safe in school".
Lib Dem Liam McArthur said a change in the law would have damaged confidence in schools and Green MSP Ross Greer said "trust between pupils and teachers" was "essential" in keeping schools as safe as possible.
A spokesman for Aberdeen City Council said they would "continue to work closely with all partners to progress with the implementation of the recommendations" from the report.
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