TEACHER'S DRUG BUST RENEWS CALL FOR TESTS

The arrest yesterday of a Ka'elepulu Elementary School resource
teacher on drug charges is giving new attention to a proposal in the
Legislature that would impose random drug-testing on public school teachers.

When Bronwyn Kugle was taken into custody Tuesday and charged with
conspiracy to distribute drugs, she became the fourth teacher in
four months arrested on drug-related charges.

"I believe the public, especially parents, want more assurance their
children are in an environment that's safe," said Sen. Norman
Sakamoto, D-15th (Waimalu, Airport, Salt Lake) who has introduced a
bill that would require random drug-testing of public school
employees, teachers and public library employees, as well as
requiring the state Department of Education to adopt rules to
determine sanctions for positive drug tests. It also would establish
an employee assistance program to provide assessment, treatment and
counseling.

"I'm not implying they're not in a safe environment, but random
drug-testing would be one measure to raise the level of confidence
in the public that drug problems are either minimal or nonexistent
in our public schools," Sakamoto said yesterday.

The bill, SB1139, and separate negotiations between the state
Department of Education and the teachers union on allowing drug
testing were born out of a case last year of a public teacher who
pleaded guilty to dealing "ice."

Kugle, 38, of Ulumawao Street in Kailua, and Jesse Lee Badillo, 28,
a self-employed photographer from Wahiawa, were charged yesterday
with conspiring to distribute and to possess with intent to
distribute 2.2 pounds of cocaine and 990 tablets of MDMA, or Ecstasy.

The street value of the cocaine is estimated at $100,000, while
Ecstasy sells for $15 to $21 per tablet, according to federal task
force investigators.

$63,000 LOANED

According to an affidavit filed by Honolulu police Detective Joyce
Alapa, Kugle loaned a total of $63,000 since September 2006 to
Badillo so he could purchase drugs in California for sale here, the
affidavit said.

"Badillo was supposed to be investing this money for her for a
substantial return," Alapa wrote.

The affidavit stated Badillo was aware that Kugle "had access to
substantial amounts of money which she could lend him to acquire
drugs and Badillo could then pay Kugle back with the drug sale profits."

The affidavit does not identify the source of Kugle's money.

Authorities yesterday said Kugle was arrested Tuesday after
accepting and opening a UPS box shipped from Fullerton, Calif., that
had been intercepted Monday by officials in Honolulu.

Investigators had substituted fake drugs for the cocaine and
Ecstasy, which were hidden inside a gift-wrapped toaster oven, and
had put in an electronic device that alerted them once the box was opened.

The shipment to Kugle's home Tuesday was the third since last
September from Badillo, officials said.

Kugle told investigators that she is "a multigram user of cocaine;
however, she did not consider cocaine to be her problem. Kugle also
used crystal methamphetamine, which she said has screwed up her
life, and she is in constant battle with the use of ice."

Investigators recovered an unregistered and loaded snub-nosed
.38-caliber revolver, drug paraphernalia and the title to Badillo's
Mercedes automobile in a warrant search of Kugle's home.

Badillo was arrested outside his home Tuesday at 10 p.m.

Investigators allegedly found Badillo carrying 70 to 80 Ecstasy
tablets and discovered 200 more tablets in the glove compartment of
his car. A warrant search of his residence allegedly turned up
one-quarter gram of cocaine and marijuana in a dresser, and a box
containing 35 rounds of .357-caliber Magnum hollow-point ammunition.

If convicted on the cocaine charge, the pair must serve a mandatory
sentence of five to 40 years in jail. The Ecstasy charge carries a
maximum sentence of 20 years.

Kugle and Badillo are being held without bail at the Federal Detention Center.

Federal Magistrate Judge Kevin S.C. Chang yesterday set their
detention hearing for Tuesday.

In October, Leilehua High School teacher Lee Anzai was arrested on
charges of selling crystal methamphetamine. In December, two
Mililani Middle School teachers -- Lisa Luhrsen and Benjamin Ayson
- -- were arrested for allegedly smoking marijuana before they showed
up for work on a Monday morning.

Anzai pleaded guilty to one count of selling crystal methamphetamine
in December. He was allowed to enter a drug rehabilitation program
in advance of his June 4 sentencing.

6 1/2 YEARS WITH DOE

Kugle is a resource teacher for grades 2 through 6 at the Enchanted
Lake school, meaning she assists classroom teachers with lessons and
works individually with students. She is not a classroom teacher
with responsibility for her own homeroom students.

Kugle has been at Ka'elepulu for five years and with the DOE for 6
1/2, said DOE spokesman Greg Knudsen.

Her arrest was Tuesday night and did not occur at any school situation.

"As far as we know, there's no direct connection with anything at
school, or overlapping with any responsibilities at the school," Knudsen said.

Kugle is on leave without pay, he said.

NEGOTIATING NEW RULES

Meanwhile, Knudsen said, DOE and the teachers union are negotiating
rules that would allow the testing of teachers in cases where cause
could be established.

Currently there is no compulsory drug testing of new DOE hires and
no random drug screening of teachers.

But there is generalized agreement, said Knudsen, to attach a
"drug-testing for cause" agreement to the new collective bargaining
contract now being negotiated between the Hawai'i State Teachers
Association and the DOE, covering around 13,000 teachers.

A new contract would be scheduled to take effect July 1.

Knudsen said the department already has similar agreements --
testing for cause -- with both the Hawai'i Government Employees
Association, which represents principals, and the United Public
Workers union which represent some school staff.

"If we suspect drug use, then there will have to be certain criteria
met in order to justify drug testing," Knudsen said.

The negotiations for such an agreement have been spurred by recent
events, including three drug-related arrests of teachers over the past year.

DOE OPPOSES BILL

The DOE has opposed a measure now moving through the Legislature
that would require random drug testing of teachers, public school
employees and public library employees.

Sakamoto said any kind of measure agreed on -- either through
legislation or something in the collective bargaining contract --
would require personnel in the schools to be trained to spot someone
suspected of drug use. Training generally costs about $35 per
person, he said, and the drug test itself costs $35 to $45.

"I'm not wedded to a bill versus collective bargaining," Sakamoto
said. "What I am wedded to is how do we increase the confidence that
there are mechanisms in place to eliminate drug use in the people we
should trust in our schools?"

Ed Kubo, U.S. attorney for Hawai'i, said the arrests of Anzai and
Kugle are not a reflection of the "overwhelming number of educators
in our state who work so hard to ensure our children are educated
.. and I'm sure they also detest the criminal conduct of a few."