Random Drug Testing For Teachers Could Be Possible

Some Alabama school officials say they don't believe recent federal court
rulings will drastically change the state's policy of teacher drug testing,
despite Attorney General Bill Pryor's claim the rulings could bring about
random testing.

Pryor called the ruling "an important precedent" and notified school
officials this week that it could possibly translate into more freedom in
administering tests. But Michael R. White, the general counsel for the
state Department of Education, said he "would urge a degree of caution."

Earlier this month, the U.S. Supreme Court refused to review a challenge by
teachers who say drug testing violates their rights. Following the
justices' lack of action on the 6th U.S. Circuit Court of Appeals ruling,
public schools in Knox County, Tenn., can require everyone offered a
teaching job to take and pass a drug test.

The 11th U.S. Circuit Court of Appeals, which has jurisdiction over
Alabama, has not addressed random drug-testing of teachers. The 6th Circuit
ruling would give Alabama school systems some legal backing to administer
random drug tests of teachers, White said.

But he said he would advise Alabama schools to continue testing teachers
only if there's a valid suspicion of drug use unless the 11th Circuit or
the Supreme Court addresses the issue.

"There is a degree of vulnerability to a school system that would undertake
random drug testing of teachers," White said.

State School Superintendent Ed Richardson said in a Birmingham News article
published today that he believes school boards "should have the prerogative
to check for drug use. I think it's absolutely essential."

"I believe we must take every precaution to ensure the safety and
well-being of our students," Richardson said.

Some school officials said they felt there perhaps should be limits on the
testing.

"I think there are certain categories of employees who should be tested on
a regular basis," said Jefferson County School Superintendent Bruce Wright.
"But I don't know if I feel like every employee needs to be tested on a
regular basis."

Paul Hubbert, executive secretary of the Alabama Education Association,
said he believes the 6th Circuit ruling would allow the testing of new
teachers or existing teachers who assume new responsibilities because of a
transfer or promotion. But he doesn't think the ruling would open the door
to drug screening all teachers without cause.

"They would not have the unfettered right to line up every employee," he
said. "They're going to have to have a policy, and they're going to have to
administer that policy uniformly."

The AEA will closely monitor how schools administer drug tests, Hubbert said.

"We would not want anyone to be abused or to see this used in any sort of
punitive fashion," he said.

The only school employees currently tested to any degree are workers whose
jobs duties carry clear safety-related concerns, such as bus drivers. The
ruling in Tennessee classified teachers as "safety-sensitive" workers,
which Hubbert questioned.

Wright said he supports drug screenings for any employee who drives
county-owned or leased vehicles and any employee who has unsupervised
contact with children. Wright does not consider teachers to be unsupervised
employees.