JEFFCO SCHOOLS PRESCRIBE NEW DRUG, ALCOHOL POLICY

Taking an antihistamine for a stuffy nose or Prozac for depression could no
longer be a private affair for Jefferson County school employees.

The county Board of Education recently adopted a new policy that requires
employees to tell a supervisor if they use medication "that can cause
impairment or any physical or mental alteration."

The district's two teachers' unions object to the change, saying the school
system's 4,400 workers should not have to disclose their sicknesses and
treatments.

"Any medicine you take has a side effect," said Eunice Horton, president of
the Jefferson County Education Association, which represents 1,650
teachers. "There are some illnesses that people do not want others to know
about, such as AIDS or depression. ... It places a stigma on the person if
they have to broadcast that all over the place."

Superintendent Bob Neighbors said the board implemented the provision out
of concern for the safety of its 40,000 students.

"All we are saying is that we expect you to perform. And if you can't, then
we want to know about it. And it is the employee's responsibility to let us
know," Neighbors said. "We don't want someone to drive a bus who is taking
Sudafed that can make them go to sleep."

The medication policy might be the first of its kind to be adopted by a
public school system in the state. The Alabama Association of School Boards
said it knew of no other district with such a provision. Similar
guidelines, though, have been implemented at other educational institutions
across the nation.

Jefferson County's medication provision would primarily apply to "safety
sensitive" jobs, such as bus drivers, said Neighbors.

The change came not because of any particular incident, he said, but as
part of a general revision to the board's drug and alcohol policy.

State monitors recently told the district that its policy failed to specify
consequences for violations, he said. Penalties range from reprimand,
suspension or termination, to rehabilitation to referral to law enforcement
agencies.

"If a teacher is taking Sudafed, we do not expect them to report it,"
Neighbors said. "There is a certain amount of reasonableness that we expect
our people to apply."

Vi Parramore, president of the American Federation of Teachers Local 2143,
called the policy nebulous and said employees were unsure what they had to
report.

"We favor a strong drug and alcohol policy. We don't want employees coming
to work drunk or on drugs," said Parramore, who represents 1,600 teachers
in Jefferson County Schools. "But, my word, give us a policy that makes sense."

Leslie Horton, a lawyer for the federation, said the union would meet with
school officials next week to discuss these concerns:

The broad language of the policy, which Horton said appears to cover even
an aspirin.

Whether an employee could be disciplined for taking medication that might
cause impairment, even if there is no reason to believe it will based on
prior use or medical advice.

Whether a supervisor will be making medical decisions, such as which drugs
could pose problems.

No guarantee that medical information given to supervisors will remain
confidential nor disciplinary measures for those who violate it.

"The policy needs to be more specific," Horton said.

School system attorney Carl Johnson said employees might not have to
disclose the specific medication or medical condition. He said a supervisor
also might be required to seek a second opinion or medical opinion before
taking any significant action affecting an employee's job.

"We may have to deal with this on a case-by-case basis for a while,"
Johnson said. "If we find there are recurring problems, then we can adjust
our approach to address the employee's privacy concerns but also achieve
the safety-related objective of the policy."