DRUG-TESTING TEACHERS WHOLLY UNNECESSARY

If you live in Hawai'i, you know the price of paradise. The unique
cultural mix, beautiful climate and geography, and fantastic cuisine
are just a few of the many pleasures. But living this dream often
means accepting the reality of lower pay compared to our Mainland
counterparts. So it is deeply troubling when the foundation of our
community, public school educators, are forced to give up even more -
to sacrifice their fundamental right to privacy.

By insisting that the Hawai'i State Teachers Association concede to an
ill-conceived random drug-testing scheme in return for a badly needed
pay increase, Governor Lingle has imperiled not only the fundamental
rights of our educators but also the well-being of our students.

Random drug testing is demonstrably ineffective, providing a deceptive
veneer of security and nothing more. At a time when school budgets are
strained to the breaking point, we should not fritter away scarce
resources on feel-good measures that trample teachers' rights at
taxpayers' expense.

And though the governor's eleventh-hour demand that educators
sacrifice their right to privacy in exchange for a living wage might
prove politically expedient, it will most certainly prove
unconstitutional and, if necessary, be overturned in court.

It is not, however, too late for the governor to change
course.

The ACLU recently completed a series of public forums on O'ahu, Maui,
Kaua'i, Hawai'i and Moloka'i to learn firsthand what random drug
testing will mean for our classrooms. We found countless committed
educators who readily cope with insufficient supplies and textbooks,
dilapidated facilities and overcrowded classrooms - teachers
accustomed to personal sacrifice for their profession.

These educators were roundly and rightly exasperated at the ease and
haste with which our elected officials found drug-testing funds. Often
forced to scrape by on a $200 annual classroom budget, teachers now
face the prospect of unsubstantiated drug tests estimated at $200 apiece.

Educators also questioned the message that baseless drug testing sends
to students. The notion that "those with nothing to hide have nothing
to fear" is antithetical to our system of justice and renders our most
sacred rights utterly meaningless. As role models entrusted with
instructing students on the proper role of government and the
importance of democracy, educators should not be made to sign off on
government overreach in return for an adequate paycheck.

In contrast to its clear costs, the benefits of random drug testing
remain doubtful at best. In reality, such testing is almost solely a
barometer of marijuana use. While traces of marijuana persist in
people's urine for weeks at a time, harder drugs, like ice, are
undetectable within days of use. Random testing is, therefore, least
likely to uncover the drug use most likely to prove
problematic.

Given that there already exists a requirement to drug-test educators
who arouse suspicion, it seems illogical and likely counterproductive
to blindly cast a deficient dragnet rather than focus attention on
apparent offenders. While dragnet searches may offer the illusion of
security, they distract from actual threats to student safety.

Beyond the practical considerations of cost and efficacy is the simple
fact that it is unconstitutional for the government to drug-test
educators without cause. The Fourth Amendment of the Bill of Rights
protect Americans from unreasonable searches. Invasive and
embarrassing examination of bodily fluid is a glaring violation of the
fundamental right to personal privacy. And contrary to alarmist
claims, infringing on educators' privacy will do nothing to advance
student safety - in fact, quite the opposite.

The best way to protect our students now, as well as to provide them
the tools to protect themselves in the future, is to instill respect
for the Constitution.

The governor's drug-testing scheme is all the more galling given that
it is wholly unnecessary. The plan was precipitated by the
high-profile arrests of four public education employees, out of
13,000, on drug-related offenses during the 2006-07 school year. No
evidence has been presented that any of these teachers' misdeeds
involved students in any way.

Expensive, ineffective, unconstitutional and unnecessary, Governor
Lingle's drug-testing ploy is indefensible. The governor should be
ashamed of her attempt to exploit our fears for political gain by
peddling a costly policy counter to the well-being of teachers and
students alike.