NEW CONTRACT OPENS NEW DEBATE OVER TEACHERS' DRUG TESTING

Random Tests Now Required

The votes may be in approving teacher contracts that include random
drug testing, but the debate on how these tests should be done is
wide open for another year.

From now until the Legislature's 2008 session, the Hawaii State
Teachers Association will bargain with the state on details of
several contractual items, including random drug testing. The outcome
of these negotiations may pacify or aggravate existing concerns about
the tests.

"We don't have any details on the drug testing," said Colleen Pasco,
HSTA Kohala Chapter president and Kohala High School teacher. "...
What happens to our classes (if we are pulled out for testing)? Where
do we go for drug testing? The concerns are about finances but also
about (other resources). Substitute teachers are already in short supply."

HSTA Executive Director Joan Husted said the union will not be rushed
into producing guidelines, rather it will take full advantage of the
one year allotted. Although some teachers expressed confusion about
their role in the bargaining process relating to drug testing, Husted
said the union will collect comments from all teachers willing to provide them.

"We are looking to put together a workable, fair and respectful
procedure that will ensure teachers are treated properly while
ensuring the accuracy of the tests," said Husted. The complexity of
the procedures warrants the help of specialists on the subject, she added.

Husted declined to comment on the kind of guidelines HSTA may
propose, saying that it would be presumptuous of her to make any suggestions.

She said the range of drug testing requirements vary widely by group.
For example, United Public Workers have agreed to a sample of 10
percent, or 1 in 10 members, for alcohol testing and 25 percent for
controlled substances; while the U.S. Coast Guard uses a sample of 25
percent for alcohol and 50 percent for controlled substances, she said.

Some teachers view these random tests as counterproductive to their
intended purpose.

"I feel like this is going to be like a needle in a haystack," Pasco
said. "DOE has always been able to pull teachers aside if it had
reason to be suspicious. (The state) said it wants to help teachers
'who need help' but there are better ways to help than to randomly
test 13,000 people."

As others have expressed in published reports, Pasco said she
believes teachers are being targeted -- in part -- because of media
reports about Oahu teachers who were charged with drug-related crimes.

Besides the sample requirement, HSTA and the state will need to
decide upon testing protocols.

The consequences should a teacher test positive for alcohol or
controlled substances will also be a subject of negotiations between
union and state.

"The community needs to understand teachers want drug-free and safe
schools," said Husted.

Random drug testing was approved as part of a new salary agreement
between the state and HSTA members. The union announced Wednesday its
teachers voted to approve the contract by a 61 percent majority.

"There are lots of very good things in that contract," said Husted.
"But there aren't many teachers happy about drug testing."

In her 22-year career, Pasco said this is the most unhappy she has
been with any contract negotiation.

Kohala High School teacher Alan Brown expressed similar sentiments.
He said the drug testing is a "slap in the face" for teachers, who
are professionals but are not treated accordingly.

"We're fighting for every dollar and they are going to spend money on
drug testing?" he said. But this issue is just one of Brown's
concerns about the contracts.

"It seemed like with the last contract we got a tiny raise but we had
to work more days for it," said Brown. "... Four percent doesn't even
cover inflation."

The contract features a 4 percent pay increase for teachers in each
year of the two-year contract, as well as an additional 3 percent
incremental step increase for most teachers who will move up a step
on the pay schedule, totaling 11.17 percent by the end of the
contract. Under the new contract, the starting teacher's salary will
go from $39,901 annually to $43,157. Substitute teachers are not
affected by the contracts.

Non-salary gains include the addition of two "waiver days," plus four
additional "professional development" days that will now be available
to all schools without the need for exceptions to the contract,
according to HSTA. All previous contractual rights have also been
retained with no "take aways." Other contract features include a
$3,000 a year differential for licensed teaches in Waianae, Nanakuli
and Keaau complexes.

The new agreement also calls for a 25 percent increase supplementary
pay for department heads, grade level chairmen, band directors and
others now receiving it. In addition, choral directors have been
added to the list.

United Public Workers, which also just ratified its contracts with
the state, agreed to implement a random drug and alcohol testing
program for all employees in the bargaining unit. The contracts cover
close to 12,000 custodian, sanitation workers, prison guards, public
hospital workers, food service employees and other workers for the
state and counties, Hawaii Health Systems Corp., DOE, University of
Hawaii and the judiciary.