SCHOOL DRUG POLICY NEEDS SOME TEETH

Escambia School District and teachers unions officials are taking the
right step in coming together to rework contract language that left
the district unable to fire a teacher who came to school high on cocaine.

Under the current contract, in the absence of criminal charges the
specific question of a teacher testing positive for drugs is not
spelled out. So it is handled under contract language calling for
progressive discipline for employees who err in some other way, such
as abusing alcohol.

And that means that firing a drug-using teacher is not allowed under a
first offense, at least in the absence of criminal charges.

Certainly any contract negotiations must include procedures that
protect employee rights. That is one responsibility the teachers union
undertakes in any negotiation.

The public spectacle of a teacher coming to school under the influence
of drugs makes for a high-profile case. But charges can be levied that
are not true, are mistaken or that have mitigating circumstances. That
makes having procedures for handling them properly so crucial.

A court ruling, supporting a ruling by an arbitrator that voided the
firing of the teacher, was based strictly on the reading of the
contract language governing discipline. The teacher tested positive
for cocaine, but there was never an arrest for possession.

But School Board Chairman John DeWitt is correct in saying that "I
think both parties want to avoid this situation again. ... Is this the
right behavior for our schools?"

Obviously not.

As we said, the teachers union is properly concerned that adequate
procedures be in place for handling employees charged with an offense,
be it being late to class, using drugs or abusing alcohol.

But the union has no desire to see teachers on drugs in the classroom.
Much criticism of the union was unfair, equating union officials'
desire to follow the contract with lack of concern over the teacher's
drug use. The union can find itself in uncomfortable territory when
defending the due process rights of its employees, which is one of its
responsibilities.

No one wants to see teachers on drugs in the classroom. The district
needs the authority to fire those proven to be using drugs.