TEACHER DRUG TESTS RULED UNCONSTITUTIONAL

CHARLESTON -- A federal judge on Monday stopped the Kanawha County school
system from implementing a new drug testing policy, saying it would force
teachers to submit to an unconstitutional and unjustified search.

U.S. District Judge Robert Goodwin granted a temporary injunction sought
by the American Federation of Teachers-West Virginia, which argued that
the policy was illegal and unnecessary.

The policy would have allowed random drug testing of 25 percent of Kanawha
County's school employees, including teachers, each year. The Kanawha
County Board of Education approved the policy in October and planned to
implement it Jan. 1.

Monday's injunction suspended the policy until a final ruling is made in
the AFT-WV's lawsuit.

Only a handful of school districts nationwide require random teacher drug
testing of existing employees. Adam Wolf, an attorney with the American
Civil Liberties Union, said most attempts "have been rejected by the court
at nearly every turn."

While Goodwin's ruling is not binding outside Kanawha County, Wolf says
it's reasoning should be.

Goodwin rejected the school board's argument that the policy was needed
because teachers hold safety sensitive jobs. He questioned why the board
didn't also adopt a policy to test teachers for tropical diseases.

"Total security for us and our children is only possible -- if unlikely --
in a totalitarian state," Goodwin said.

"Who wants to live in a society when a government will stop at nothing to
prevent bumps and bruises."

The ACLU, which had joined AFT-WV in the case, praised Goodwin's decision.

"Today's order affirms the constitutional rights of our public servants,"
Wolf said in a statement. "Random, suspicionless drug testing of teachers
is unnecessary, ineffective and illegal. With today's order, we hope that
the Board will finally reconsider its doomed policy and save the taxpayers
any further expense."

A call to the Kanawha County School Board's attorney was not immediately
returned, but school board member Pete Thaw said he expects the board to
eventually prevail.

"I thought it was sad, here we are, trying to get a drug policy to protect
the environment of the students and the teachers union is there fighting
us when they should be holding our hand in unison," he said.