TEACHERS UNION SUES EBR

Federation of Teachers Calls Drug, Alcohol Tests Abuse of Power

The largest teacher union in East Baton Rouge Parish sued the parish
School Board on Tuesday in an effort to outlaw policies that require
teachers injured on the job to undergo drug and alcohol testing.

The East Baton Rouge Federation of Teachers, which claims
approximately 1,600 members, filed its lawsuit in Baton Rouge federal
court because the automatic test policy does not require probable cause.

"The longer this goes on, the more our teachers are wronged," said
Carnell Washington, president of the federation. "If there is
suspicion, we have no problem (with drug-and-alcohol testing). What
we're practicing in Baton Rouge is against the law."

Domoine Rutledge, attorney for the School Board, disagreed with that view.

"The policy we have is indeed fair," Rutledge said. "Yes, it's fair."

Plaintiffs argue the policy represents a violation of their
constitutional rights to due process and equal protection under the
law. Federation officials also contend the policy violates teachers'
rights to remain free from unreasonable search and seizure.

"We need it to stop right now," said Yigal Bander, the federation's attorney.

Bander also represents Peggy Reno, an English language arts teacher
at Mohican Education Center.

Reno said Tuesday that she was required to undergo drug-and-alcohol
testing after she was struck on her right shoulder Sept. 24 as she
broke up a fistfight between two male students she believes were 13 years old.

Reno added that she was not allowed to go to a physician of her
choice, but was directed instead to a physician chosen by Jessie
Jackson, a risk management specialist for the school system.

"I was pretty much treated like a criminal," Reno said. "I should not
have been subjected to that."

Her breathalyzer test for alcohol was negative, Reno said. She said
she never received the results of her drug tests, but added that she
does not take illegal drugs.

"I felt like I was attacked twice that day," Reno said.

She sued Jackson on Tuesday for $10,000 in compensatory damages and
$20,000 in punitive damages.

"I don't want this to happen to another teacher," Reno said.

Jackson expressed amazement over the lawsuit.

"That's our basic protocol for anyone who is injured in the East
Baton Rouge Parish school system," she said. "That's not Jessie Jackson's law."

Jackson then referred all other questions to school system officials.

Rutledge, the School Board's attorney, said he did not know enough
about the dispute between Reno and Jackson to discuss it in detail.

"We will deal with it," Rutledge said. "She (Jackson) is a valued employee."

Rutledge added that he had been involved in discussions with Bander
about the board policy and had hoped to avoid litigation.

"I'm really disappointed that Mr. Bander chose this route," Rutledge said.

"I thought we were working things out, too," Bander said. "But it
just was not happening."

"This is dehumanizing our teachers," said Washington, the
federation's president. "I know five or six people myself who have
had to go through this. None of these people came up positive. They were clean.

"We feel like it's an abuse of power."