Pubdate: Thu, 15 Aug 2002 Source: Pensacola News Journal (FL) Copyright: 2002 The Pensacola News Journal Contact: http://www.pensacolanewsjournal.com/ Details: http://www.mapinc.org/media/1675 SCHOOL DRUG POLICY NEEDS SOME TEETH Escambia School District and teachers unions officials are taking the right step in coming together to rework contract language that left the district unable to fire a teacher who came to school high on cocaine. Under the current contract, in the absence of criminal charges the specific question of a teacher testing positive for drugs is not spelled out. So it is handled under contract language calling for progressive discipline for employees who err in some other way, such as abusing alcohol. And that means that firing a drug-using teacher is not allowed under a first offense, at least in the absence of criminal charges. Certainly any contract negotiations must include procedures that protect employee rights. That is one responsibility the teachers union undertakes in any negotiation. The public spectacle of a teacher coming to school under the influence of drugs makes for a high-profile case. But charges can be levied that are not true, are mistaken or that have mitigating circumstances. That makes having procedures for handling them properly so crucial. A court ruling, supporting a ruling by an arbitrator that voided the firing of the teacher, was based strictly on the reading of the contract language governing discipline. The teacher tested positive for cocaine, but there was never an arrest for possession. But School Board Chairman John DeWitt is correct in saying that "I think both parties want to avoid this situation again. ... Is this the right behavior for our schools?" Obviously not. As we said, the teachers union is properly concerned that adequate procedures be in place for handling employees charged with an offense, be it being late to class, using drugs or abusing alcohol. But the union has no desire to see teachers on drugs in the classroom. Much criticism of the union was unfair, equating union officials' desire to follow the contract with lack of concern over the teacher's drug use. The union can find itself in uncomfortable territory when defending the due process rights of its employees, which is one of its responsibilities. No one wants to see teachers on drugs in the classroom. The district needs the authority to fire those proven to be using drugs. - --- MAP posted-by: SHeath(DPFFlorida)