NEGOTIATIONS ON DRUG TESTING CONTINUE

Union and Education Department Working on Plan

A mandatory teacher drug-testing plan remains in question as the
Department of Education (DOE) and the Hawaii State Teachers
Association (HSTA) are still negotiating its details and
implementation, according to Shonda Pineda, president of the HSTA
Molokai chapter.

"We are bargaining in good faith," said Diane Mokuau, HSTA
representative for the 2007-08 school year at Molokai High School and
currently a member of the association's negotiations committee.

The drug-testing plan was part of a two-year contract that was
ratified by teachers last year. The contracts include 4 percent wage
increases for the last and future school year.

According to the contract, the plan was supposed to be implemented no
later than June 30 of this year.

Mokuau said Gov. Linda Lingle proposed the idea of random drug and
alcohol testing during the negotiations of teacher contracts last year.

Lingle said she thought the program was a good idea during a July 1
news conference.

"The purpose of this policy was to give parents, students and teachers
some level of comfort that we are doing what we can to discourage
drugs and alcohol use on campus," she said.

Milton Goto, public affairs officer for the Board of Education
previously said one of the issues was who should pay for the program.

The governor would like the DOE to pay for the drug-testing program,
according to Goto, who said it is an "unfunded mandate" within the
department.

When talks of the program were in place last year, the various parties
came up with an amount of about $500,000, said Lingle, adding that the
number has grown exponentially since then.

"We've seen some really unrealistically huge estimates of what it
would cost," she said.

A single test would cost about $35, and if one out of every 100
teachers were tested, the cost would be minimal, according to Lingle.

Mokuau said the two groups are also discussing how the plan will pan
out. She said the HSTA's role was to come up with the procedures for
the plan and not the money.

"It's so complicated," said Mokuau. "There are a lot of issues that
need to be taken care of."

Some of these items include how to deal with false positives, how to
make the testing confidential and the logistics since testing could
involve taking teachers away from the classroom, she said. Lingle said
the random aspect of the testing should definitely be included in the
program.

"We know that a large majority of teachers are not taking drugs or
selling drugs ... and do not have an alcohol problem," said Lingle.

"The purpose of random testing is so that every one of the 12,000 to
13,000 teachers in our public school system knows that on any given
day there's a possibility that they could be tested."

While teachers ratified the contract last year, there are still
differing views amongst individuals within the state and those
involved in the education system here on Molokai.

Dan Gluck, senior staff attorney with the American Civil Liberties
Union (ACLU) of Hawaii, said the ACLU has been contacted by hundreds
of teachers who want their Constitutional rights protected.

Gluck said if a drug-testing plan is implemented, the ACLU will file a
lawsuit against those individuals who plan to violate teacher's
Constitutional rights. He referred to the Fourth Amendment of the U.S.
Constitution, which guards against unreasonable searches and seizures.

He said the U.S. Supreme Court previously ruled that government
employees may not be subject to random drug tests except when the
individuals are in safety-sensitive positions. This would include
nuclear power plant operators, aviation industry workers or hazardous
material transporters, but not teachers, he said.

Phillip Kikukawa, who teaches math and science to students with
disabilities at Molokai Middle School, said he voted against the
drug-testing plan and teacher contract last year.

"I feel it is an infringement of rights - being searched for no
probable cause," said Kikukawa.

"A few bad apples don't spoil the whole bunch," he said, adding that
he would agree with the idea of drug testing if it were to be voluntary.

"I wouldn't mind volunteering at all. Just don't want to be forced,"
said Kikukawa.

He added that if teachers are being tested, others should be as well,
including administrators, teachers, doctors or those who have a direct
impact on the physical safety of children.

Kaeo Kawa'a, who taught a fifth grade class within the Hawaiian
Language Immersion Program at Kualapu'u Charter School, said that
while he is OK with the idea, he does not think the drug-testing
clause should have been part of the contract.

"I believe that it is an invasion of privacy in the way that it was
brought about," said Kawa'a.

He explained that he would not mind being tested.

"If I were randomly selected for drug screening or testing, I
personally have no problem with compliance and have nothing to hide."