DRUG-TESTING SUIT DISPUTED

School Board Says It Has New Policy

A teachers' lawsuit over drug and alcohol tests should be considered
moot because of changes to testing policy, the East Baton Rouge Parish
School Board said in a court filing.

But the document, filed Friday, does not specify what changes have
been made to a policy that members of the East Baton Rouge Federation
of Teachers say is unconstitutional. The federation opposes mandatory
tests for injured educators who are not suspected of abusing drugs or
alcohol.

Two attorneys for the School Board said Monday a policy that mandated
testing of teachers injured during work hours was suspended before the
federation filed its suit Oct. 21.

"We've not completed the new policy, but we have suspended the current
practice," said Domoine Rutledge, the board's general counsel.

"It was suspended," added Dennis Blunt, a Baton Rouge attorney hired
to represent the School Board in the suit.

"I don't think anyone is tested (now) absent some reasonable
suspicion," Blunt added.

But Yigal Bander, an attorney for the federation, noted that an
exemplary teacher was subjected to mandatory drug testing in September
after she suffered a minor injury while breaking up a fight between
two students.

Bander added that some of the board's written policies and procedures
still require mandatory testing for injured teachers.

"When those changes are made explicit, when those changes are approved
by the School Board . we'll be happy," Bander said. "I am not aware
that, right now, as we speak, there has been any formal change in
policy. If there's change, I want to see that change."

Both Rutledge and Blunt said a relevant policy change should be
forwarded for board consideration in January.

Bander said he would welcome a change in early January because U.S.
District Judge James Brady has scheduled a hearing for Jan. 15.
Bander said that hearing is for consideration of the federation's
request for a preliminary injunction to block drug-and-alcohol tests
that are not triggered by probable cause.

Rutledge expressed optimism that teachers "share our hope of a
drug-and-alcohol-free workplace."

Federation President Carnell Washington said in October that the
1,600-member federation does not oppose screening of teachers
suspected of abusing drugs or alcohol.

Washington said the suit is aimed at ending mandatory tests for
injured teachers who are not suspected of such abuses.

On Monday in West Virginia, a federal judge granted a teachers union a
preliminary injunction that prevents the Kanahwa County School Board
from randomly testing educators for drugs and alcohol.

In Charleston, W.Va., U.S. District Judge Joseph R. Goodwin said in
his order that the injunction would remain in effect until after trial
of that case.