LAFOURCHE OFFICIAL WANTS TO DRUG TEST TEACHERS

THIBODAUX - A Lafourche Parish councilman wants Louisiana to adopt
random drug tests for teachers and other public-school employees that
civil-liberties groups say would violate key provisions of the U.S.
Constitution.

District 6 Councilman Lindel Toups, who represents Gheens, said a
former employee of the school system alerted him to heavy drug use
among faculty and teachers, prompting his request.

But school boards are regulated by the state, meaning tests can only
be performed if the Louisiana Legislature passes a law approving it,
officials say.

At its Tuesday meeting the Parish Council will decide whether they
wish to send a formal request to the Legislature.

"I want to make sure the teachers teaching my grandkids know what
they're doing," Toups said. "I think this is going to make you get
some more qualified teachers."

The meeting is at 5 p.m. in the former Wal-Mart, 4876 La. 1 in
Mathews.

If the Legislature heeds Toups' request, Louisiana would become the
second state to allow drug testing of its school employees without
prior suspicion of drug use.

Hawaii Gov. Linda Lingle approved a policy in 2007 subjecting 13,500
public-school employees, including teachers, librarians and many
administrative workers, to random drug testing.

The policy failed several months later, after the American Civil
Liberties Union challenged it and the state's education board refused
to approve $400,000 needed for random testing.

The American Civil Liberties Union said the proposal violated
educators' constitutional right to privacy and was ineffective and
costly.

It considers random testing of public employees without suspicion a
violation of the Fourth Amendment, which protects citizens against
unreasonable searches and seizures by government.

An ACLU spokesman did not return calls placed last
week.

Toups, who championed a ban last fall against "saggy pants" that
reveal the wearers' underwear dismissed concerns his proposal would
violate teachers' rights. Experts widely agree the saggy-pants ban,
which has resulted in no tickets since it was passed, is also
unconstitutional.

"It's up to us to straighten it out. And if you got drugs in school,
why not start with the teachers?" Toups said. "This might be a can of
worms I'm opening up, but I just feel that way."

Councilman Joe Fertitta, who represents the city of Thibodaux, said he
urged Toups to kill the proposal out of legal concerns.

"I think the School Board needs to police themselves. We have no
business doing that, Fertitta said."

Some educators agree.

Mary Curole, principal of South Lafourche High School, said Toups'
proposal unfairly singles out educators by not including other state
employees.

"Are they going to test Parish Council members as well?" she
said.

Curole added that her school's drug policy is sufficient and she would
have "no problem getting drug tested because I know what I do and don't do."

The school's policy includes observing an employee who appears to be
acting under the influence of drugs and then contacting
authorities.

Eugene Dial, Nicholls State University's student-affairs director,
called such legislation "unnecessary."

"Can there be a situation where someone who works for a school is
involved in drugs? Absolutely." He said. "I would think in this day
and age our school system is probably doing a good job of addressing
it."

Lafourche Parish School Board spokesman Floyd Benoit said he approves
of Toups' proposal, provided it comes with guidelines to direct the
random testing.

Benoit added that the state passed a law allowing random testing of
bus drivers, and the necessary money comes from local taxpayers.

The cost of testing Lafourche bus drivers totals about $7,000
annually, he said.

"We could surely use some help and some guidelines and some policies,"
Benoit said, noting that drug use equally as prevalent among school
employees as it is in the rest of society.

"It's not about catching them and firing them, but helping them. All
of society needs help getting people off drugs."

Benoit added that the School Board did not request Toups' proposal and
was unaware of it until a reporter called.

Toups acknowledges that his proposal is sure to draw fire from
civil-rights groups and educators, but contends it's the necessary
first step to improve the local school system.

"As an elected official, I think you've got to start doing what you
think is right," he said.