Pubdate: Sun, 04 Apr 2004
Source: Messenger-Inquirer (KY)
Copyright: 2004 Messenger-Inquirer
Contact:  http://www.messenger-inquirer.com
Details: http://www.mapinc.org/media/1285
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

KNOTT SCHOOLS STOP TEACHER DRUG TESTS

HINDMAN (AP) -- Officials in Knott County have agreed to briefly stop 
mandatory drug testing of teachers after a teacher filed a federal lawsuit 
challenging the practice.

Knott School Superintendent Harold Combs said the local board of education 
instituted mandatory and random drug testing in January for employees in 
"safety-sensitive" positions, such as teachers.

Carol Crager, an elementary school teacher, filed a lawsuit March 25 in 
U.S. District Court at Pikeville, claiming the policy violated her 
constitutional rights.

"This is a drastic increase in normal testing," said Crager's attorney, J. 
Follace Fields II of Lexington. "We feel it is overly broad and overly 
invasive."

Fewer than a half-dozen districts in the state share Knott's policy of 
mandatory and random testing of teachers, and the issue has never been 
fully tested in federal court in Kentucky, said Brad Hughes, spokesman for 
the Kentucky School Boards Association.

Hughes said all school bus drivers in the state are subject to drug 
testing, but only five other districts in Kentucky, including Jackson, 
Harlan, Clay, Whitley and Knox counties, require drug tests for other 
employees, including teachers.

The Russell Independent district offers voluntary employee testing, he said.

In Knott County, principals, assistant principals, teacher's aides, 
substitute teachers, school secretaries and students also are subject to 
drug testing.

Fields said the Knott policy puts no parameters on the drug testing process 
and violates the American Disabilities Act, which limits an employer's 
right to medical information. Fields is also concerned about a phrase in 
Knott's policy that says violations will be reported to "appropriate legal 
officials."

Combs, the superintendent, said law enforcement officials won't routinely 
be contacted about violations.

Under a temporary restraining order, the district will stop testing 
teachers until a hearing in Lexington on Tuesday.
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MAP posted-by: Jay Bergstrom