BOSCOLA WANTS DRUG TESTING ON THE TABLE

She's proposing a bill that would allow testing in certain
circumstances. There are legal questions.

By MICHELLE PITTMAN The Express-Times

State Sen. Lisa Boscola thinks legislation can prevent a
situation like the one involving former Nitschmann Middle School
Principal John Acerra from happening in the future.

Boscola is working with legal experts to draft a bill giving school
boards power to drug test administrators and teachers if they receive
complaints about an individual's work history. But Boscola's not sure
it can be done legally.

"I would only consider drug testing for school employees under very
limited circumstances where their behavior could clearly pose a hazard
to students," she said. "Right now I'm exploring whether that could be
done constitutionally and contractually."

Boscola began looking into state laws following a meeting Wednesday
with Bethlehem Area School District officials and hundreds of parents
at Nitschmann Middle School regarding the arrest of Acerra, who faces
felony drug charges after police said they caught him dealing crystal
methamphetamine from his school office.

"A lot of the parents' concerns were focused around drug testing,"
Boscola's Chief of Staff Bernard Kieklak said. "Many were calling for
mandatory screening, but (Boscola) felt that was impractical and not
the right way to go. It's basically saying the employees are guilty
until proven innocent."

Bethlehem Area School District Solicitor Ellis Katz told parents
Wednesday that random drug testing for teachers and administrators is
all but out of the question. As employees in the public sector, school
personnel are protected from unreasonable search by the Fourth
Amendment. Drug testing is considered a violation of their civil rights.

"It wouldn't withstand constitutional scrutiny," he
said.

Teachers unions also complicate the matter. Even if the collective
bargaining unit agrees to random drug testing, individual employees
wouldn't necessarily have to consent, Katz said.

"One (lawyer) said there are other employees -- pilots, bus drivers,
charter bus drivers -- that have to be tested because they would be
putting lives at risk. We want to see if those laws can be stretched
to apply here," Kieklak said. "But then there's the other side that
says district employees are already fingerprinted and have a
background check done. They say there's no way drug testing can be put
into their contract. It's a very hairy thing to do."

The Pennsylvania School Boards Association does not have a model
policy for drug testing. If there is a district that does test
employees, association spokesman Scott Shewell said he isn't aware of
it.

"Obviously there are people's constitutional rights you always have to
be careful about. But the people who serve the children and public
should be open to the suggestion" of drug testing, said Pamela Colton
of the Bangor Area School Board and IU board of directors. "I think
what gets lost sometimes in these certain situations is think of how
many people work in the 501 districts and the majority of them are
there for the welfare of children. It's only the one in a million that
causes a problem."

Boscola agreed.

"I believe that 99.9 percent of our teachers and school administrators
are appalled by the thought of another teacher or principal using
drugs or dealing drugs and would not hesitate to call the police if
they suspected something like that going on in their school," Boscola
said.

Boscola's bill will also focus on better ways of getting complaints to
school board members.

"The board would have to have strong enough evidence to request a drug
test," Kieklak said. "They'd be looking at work history, missed days,
unexplained absences."

The only employees of the Bethlehem Area School District who are
subject to random drug tests are those with a commercial driver's
license, according to Superintendent Joseph Lewis.

"I'm not opposed to drug testing. It's the standard in our society
today," Bethlehem Area School Board member Loretta Leeson said. "But
we would have to have a reason. And the way it is now, it would make
it very difficult for the board to build a case."

Boscola said she has already drafted legislation that would increase
the penalties for a school employee dealing drugs out of the school.
Dealing drugs on school property is not considered a separate crime
under state law. If a person is convicted of selling drugs within
1,000 feet of a school, the Drug Free School Zone statute mandates
sentencing increase by no less than two and no more than four years.

Kieklak said Boscola will also review the laws dealing with employee
pensions. Under the current state school code, Acerra is eligible for
his pension even if he is convicted of the charges against him.

Reporter Doug Brill contributed to this article.