Pubdate: Wed, 20 Jun 2007
Source: Cherokee Sentinel (NC)
Copyright: 2007 Cherokee Sentinel
Contact:  http://www.cherokeesentinel.com/
Details: http://www.mapinc.org/media/4280
Author: Dwight Otwell

FORMER CHEROKEE COUNTY TEACHER SUES OVER DRUG TEST  POLICY
FOR SCHOOL EMPLOYEES

A former Cherokee County Spanish teacher has brought  suit against the
Graham County school system to prevent  it from implementing random
drug testing of all school  employees.

The North Carolina Association of Educators filed the  lawsuit on
behalf of Susan Jones, who now teaches at  Robbinsville High School.
Jones previously taught  Spanish at Hiwassee Dam High School in
Cherokee County.

The suit states that the drug testing policy violates  state
constitutional principles against discrimination  and searches without
evidence.

Graham County Superintendent of Schools Rick Davis said  the purpose
of the policy, which will take effect July  1, is to ensure a drug
free and and safe work  environment. He said he believes that Graham
County  would be the first school system in North Carolina to
randomly drug test all school employees.

While private companies can drug test its employees,  governments can
only test employees suspected of drug  use or those with safety
sensitive jobs. School bus  drivers' jobs are considered safety
sensitive and bus  drivers are drug tested across the United States.

In its new policy, the Graham County School Board  classified all
positions in the school system as  "safety sensitive positions". The
policy states that  the classification was made "due to the fact that
these  positions require work where an inattention to duty or  error
in judgement will have the potential for  significant risk or harm to
those entrusted to their  care, and the possibility or probability of
contact  with students and the influence employees have could  cause
irreparable damage to the health and well being  of the students."

Cherokee County School official Terelle Beaver said  Cherokee County
doesn't have plans to implement a  policy of drug testing all employees.

"This was visited several years ago when we thought we  wanted to test
coaches," she said. "We saw that if we  implemented it, it would not
be random testing but  would be for new hires."

However, the policy has never been adopted. The only  school employees
who are drug tested are bus drivers.

Davis said the Graham County Board of Education adopted  the policy on
December 5.

The first random testing will involve 25 percent of  school employees
soon after school begins in August,  Davis said. The plan is to test
25 percent of employees  four times a year.

"Theoretically, that would reach 100 percent of the  employees, but
some employees may be randomly chosen  for the test every time," Davis
said.

Davis said Graham County has pre-employment testing,  whereby a job
applicant recommended by the board must  submit a negative test.
Student athletes have been  randomly tested for several years.

When asked about the chances of a successful suit  against the school
board, Davis said, "That is entirely  up to the court system. We will
wait and see."

Davis said that the Knott County, KY and the Knox  County, TN school
systems have policies for randomly  testing all school employees. The
policies in those  counties were upheld in Circuit Court, Davis said.

Keystone Laboratories, from Asheville, will implement  the random
selection of employees and procedures for  collection.

Any Graham County employee who is found to have a  detectable amount
of an illegal drug or of alcohol will  get a letter of reprimand and
will be offered a  one-time opportunity to enter and successfully
complete  a rehabilitation program. The employee will be placed  on
approved leave without pay for up to six months for  rehabilitation.
Then, the school superintendent will  decide whether to reinstate the
employee. The  superintendent will recommend to the school board
whether to reinstate the employee.

Rep. Roger West has stated that the state should  consider random drug
testing for all its schools.
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MAP posted-by: Derek