Lawsuit Threatened over Kanawha County Drug Testing Policy
Lawsuit Threatened over Kanawha County Drug Testing Policy Save Email Print
Posted: 4:11 PM Nov 21, 2008
 Last Updated: 4:39 PM Nov 21, 2008
 Reporter: Kallie Cart
Email Address: kallie.cart@wsaz.com
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CHARLESTON, W.Va. (WSAZ) -- A lawyer for the American Federation of Teachers union told Kanawha County School board members it may have to sue the board over the new random drug testing policy.

"We do want the board members to know that we are serious," Adam Wolf said.

Wolf said random drug testing policies in the public sector have not stood up in court. He warned it would be a costly fight in court.

"This is the old fright tactic," Board member Pete Thaw told WSAZ.com. "If everyone stand on the bank and says who's going to go first no one is going to go."

The attorney for the Board of Education said even though courts have ruled against random drug testing, the board still stands a good chance of winning.

"It is still an unsettled point in the law," Attorney Jim Withrow said.

AFT members said they tried to work with the board to reach a compromise, but now a lawsuit is their only option.
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Posted by: Master's Plus on Nov 24, 2008 at 10:30 PM
Why should the Board of Education fear a lawsuit if they are truly following the letter of the Constitution? I'll tell you why, this proposition will never pass muster with any court of law that follows the laws of the land and the letter of the Constitution. If you object to the Constitution maybe you should go join a terrorist cell. Real Americans support freedom and that also stands for freedom to be left alone and not subjected to random baseless searches and testing of your bodily fluid. I'll only submit to testing if some of those supporting this ridiculous concept hold the cup for me while I tinkle. Don't like how it would make you feel uncomfortable do you? Those educators supporting such a measure must obviously be old and know nothing of the law, they are just typing comments based on emotion. Any teacher aide is just jealous that she doesn't have a degree and the respect of a real teacher.
Posted by: Constitutional Turkey on Nov 24, 2008 at 10:15 PM
What exactly is the risk that a teacher imposes upon a non-mobile classroom of students? I can see testing bus drivers and driver's ed teachers because they are out on the road, but a stationary classroom is another story. If the teacher is displaying signs of intoxication they can already be handled with public intox or testing based on the effects of alcohol or drug use. I'm not sure why people even support this. Our taxes would increase exponentially and it would not make a big difference in any way. I've never heard of a single case of a teacher subjecting his/her students to any type of risk whatsoever because of being intoxicated. You can bet the students would go to a principal or other authority figure to get the teacher if they were acting unprofessional in any way. They would love to catch a teacher "misbehaving." Our forefathers put protections in the Constitution for a reason. The gov't must have a substantial reason to change the Constitution and wild suspicion is not one.
Posted by: Anonymous on Nov 23, 2008 at 09:42 PM
to teach on Nov 21: Amen to IQ testing and drug for people to become parents! You have the most sensible comments I have heard in awhile. Your school district is lucky to have you!
Posted by: Jason on Nov 23, 2008 at 05:47 PM
Bus drivers must take random drug test. We also have cameras on us while we are working. They told us they would not use the cameras to evaluate us and that was a lie. School systems are like the rest of this country, only a few have the power and they are not accountable for the way they use it. If I was a teacher in WV and had a college degree, I would tell them to stuff their job in their ear and go to another state and teach. Why, low pay, no power of discipline over the children, not very good health care, parents run the administration. Check out the pay and benefits in surrounding states. As a bus driver, I would take the right to suspend children from my bus over a 5% pay increase. How would you like to tell a child to sit down or hold down the noise over and over again and they laugh at you because they know you cain't do anything about it? Take them to the principle you say? Go to your local school and try to see one. We must stand in for the parent but have no power.
Posted by: someone on Nov 23, 2008 at 12:52 PM
I can't believe that the public thinks random drug testing will cure the problems in the school system. Why don't you all put more energy into ensuring that CERTIFIED and QUALIFIED teachers are in the classroom? That the teachers are staying CURRENT with their subject matter - that they are using the best technology to teach your children - that they are using appropriate classroom management techniques - that special education students are receiving all their support but probably aren't because of cuts to sp.ed. staff - and so on? There's an easy answer - it's much easier to jump on this bandwagon when someone else is carrying the flag than to stand up and insist on something that you might have to expend energy on.
Posted by: Anonymous on Nov 23, 2008 at 10:46 AM
That infringment of privacy is a bunch of bull. It is my tax dollars that pays the salaries and I feel we should have a say in where our money goes. I agree 110% with teachers aide..
Posted by: Karen on Nov 23, 2008 at 06:42 AM
I agree that random drug testing SHOULD be performed on the educators of our children. It should be mandatory for ALL teachers in the United States. It is an industry that is very important for our future, yet no one has brought this up before, even if only concerning ourselves with the safety of our children. It is beyond me why they haven't done this before now. This is a very important step in today's society, inclining a better future for our country. Today's youth, is our future, let's not let it fall in the hands of carelessness. Take care of the drug abusers now. They need help and we need this to be something required of our future.
Posted by: Larry on Nov 22, 2008 at 11:37 PM
Got to love the unions.
Posted by: mother on Nov 22, 2008 at 08:30 PM
Why should anyone dread a drug test or get so upset over one if they have nothing to hide? By all means these people who are with the children more hours a day then the parents should be routinely tested. Why should teachers be any different than anyone else? Of all people they should set good examples for the young. In recent years that has really took a backseat. Many teachers look like young punks with long hair, bushy beards and sloppy clothes. Students have dress codes. So should the school employees. Students get random drug tests. So should the teachers.
Posted by: sharon on Nov 22, 2008 at 06:37 PM
this is for teach:...you numbered your responses so i will too. first, if you don't like your 9 month job, quit, go some where else. second, if you don't like your 9 month job, quit, go somewhere else. third, if you don't like your 9 month job, quit, go somewhere else. or...just take the drug test and go on to your 9 month job. if you pass...
Posted by: teachers aide on Nov 22, 2008 at 05:22 PM
I have said for years that teachers, bus drivers, teachers aides, cafeteria workers, janitors, ANYONE working with students should be tested! Hey, if you want to test the school board employees and the superintendent, go for it. They should all be willing to submit to testing. After all they represent the whole county, right. I have nothing to hide, I've actually been tested, gladly because I have NOTHING to hide. My children mean the world to me and if they have to spend that much time with a teacher, I want to be sure the teacher is NOT a drug addict or alcholic. After all that's MY right, to have my children taught in a safe environment. Anyone not wanting to submit to testing should be the first ones tested. If they won't test, fire them, there's always some one out there to replace them. I'm sure of that. They can take God out of school, but we can't be promised a safe place for our kids to learn! Come on people wake up, get with the program. It's our children and their future.
Posted by: Mitch on Nov 22, 2008 at 11:40 AM
Wal-Mart is a little different from the state government. Teachers are state employees and our Constitution provides more rights when the government is the one infringing on privacy rights. Some of you should pick up a book on Constitutional Law. You may not understand everything in it, but at least you would understand the difference between acts of a private company and acts of the government. Different standard for a reason.
Posted by: Larry on Nov 22, 2008 at 09:41 AM
What are the teachers afraid of? Ol pot head hippies that couldnt get a job somewhere else?
Posted by: Frank on Nov 22, 2008 at 09:38 AM
spend that money on drug testing the people getting welfare checks I have to take a drug test why cant they
Posted by: Anonymous on Nov 22, 2008 at 09:02 AM
Teachers are people too and should be drug tested like any other facility dealing with children or elderly. Teachers are not supposed to have tobacco on school property either but check at the local Go-Marts and see who gets tobacco on their way to school - teachers and coaches.
Posted by: Jason on Nov 22, 2008 at 09:01 AM
I think it is GREAT! You have to get tested in every other job. I get tested once a yr in my job and I'm clean so it doesnt bother me. Like many have said if they are all worried then they are hiding something and shouldnt be in a teaching position. If they try to say their personal life is what they want to do, then they need to get a different profession to where they dont have to influence anybody.
Posted by: dennis on Nov 22, 2008 at 05:16 AM
If our kids in cabell county have to be drug tested at random starting next year for 6th to 12th graders then teachers should have to do the same thing.I think if you work with children then it should be a requirement.
Posted by: Jewell on Nov 21, 2008 at 11:57 PM
BEST IDEA EVER!!! I think anyone linked with the schools should be tested.. Sounds like some are getting a little scared... And, probably have reason to be..
Posted by: Wonderin' on Nov 21, 2008 at 11:04 PM
You are subject to drug testing at Wal-Mart...come on. Teachers deal with children on a one on one basis. What is the big deal? Drugs are definately in our schools. I know of one school that gets a visit from the drug dogs quite frequently and it is in Putnam County. I would love to hear how a teacher can justify not submitting to drug testing...unless those teachers are drugged cause they can't handle their jobs??!!??!!
Posted by: Cowards on Nov 21, 2008 at 10:36 PM
hiding behind your anonymous names try working for the 10 month school term in a teachers shoes then see if it is as easy as you make it to be. to name a profession that does not submit to drug testing is easy - try the central office staff or the governor. but anyhow i believe everyone who deals with kids should be drug tested and background checked at least once a year.
Posted by: Anonymous on Nov 21, 2008 at 08:43 PM
If anyone has a problem about a drug test; they have something to hide!
Posted by: Amy on Nov 21, 2008 at 08:07 PM
Teachers are paid with tax payers money right? Why not let the tax payers vote? What gets me is that most parents would not want someone doing drugs to teach their children and most teachers are parents...
Posted by: Rob on Nov 21, 2008 at 07:37 PM
I think all parents that meet the qualifications should keep their children home and home school them, if they don't want to submit to a drug test then I feel they are hiding something and do not deserve to work in the school systems. Home schooling means less teachers needed.
Posted by: Rita on Nov 21, 2008 at 07:34 PM
Its pretty bad that people that represent our children and teach them would be "afraid" to take a drug test. What's even worse to think - how will they replace all of the one's that ARE positive because I'm sure there's MANY! But on another hand, the lawyer that has decided to represent this case in court - well, I guess his decision says enough about him as well!
Posted by: JC on Nov 21, 2008 at 07:17 PM
Protesting this while others deal with this everyday at their jobs just makes it seem like there are alot of teachers doing drugs. I personally would not want someone doing drugs teaching my children and this profession is so extremely important that I do not know why anyone would think they SHOULDN'T have to be tested for drugs. Get over it Kanawha County. Fire them and I am sure that there will be numerous people that are drug-free or do not mind drug testing to step in and take their jobs.
Posted by: teach on Nov 21, 2008 at 06:46 PM
First of all, I don't care to take a drug test. Bring them on! Second, if you want me to be the only role model, fine with me. Third, many of you should go back to school and figure out the things you missed. Fourth, if you want to work "9 months" and make what I make for the degrees that I have, hop on board. Fifth, parents usually don't lose their kids because of drugs. Usually, they are given drug tests and parenting classes. Finally, if we are all going to get drug tests, then I truly believe that all parents should take IQ tests as well as drug tests before giving birth!!!
Posted by: Joy on Nov 21, 2008 at 06:38 PM
If this world had not turned so far from GOD, perhaps these sort of things would not need to be done.America, wake up!! Drug abuse is everywhere. I'm for the testing. I get tested and I have nothing to hide. Can you teachers say the same?
Posted by: stewedup on Nov 21, 2008 at 06:25 PM
Iagreee with these people it is our children who holds the future. How can they have a future if the one person that they look upon with respect, and fines out they won't take a drug test,If I was a child again I would look at them and say why should I have to do this my teacher doesn't have to.. THINK TEACHERS THIS IS OUR CHILDREN YOU ARE TEACHING PROVE TO UP THAT YOU ARE CLEAN, DON'T BE AFRAID, LOTS OF US WHO ARE IN THE NURSING FIELDS HAVE TO TAK RANDOM DRUG TESTINGS TO ,SOOOOOOOO WHAT MAKES YOU DIFFERENT,
Posted by: Anonymous on Nov 21, 2008 at 06:11 PM
Are they afraid they won't get another raise if the money is being spent to test them? You show me another profession that isn't subject to drug testing, and another profession that only works 9 months a year for what they make. Get over yourselves and pee in the cup. If there is nothing to wide, what's the big deal?
Posted by: Ty on Nov 21, 2008 at 06:02 PM
What do the teachers have to hide? If it doesn't cost them anything and is done "on the clock", they shouldn't whine about it.
Posted by: Anonymous on Nov 21, 2008 at 05:42 PM
i so much agree on the drug testing i know of a few that have reasons why they should'nt be tested our kids look up to teachers if parents do drugs they take the kids out of the home why should kids have to be around a teacher that does drugs
Posted by: Blah!! on Nov 21, 2008 at 05:05 PM
I have never in a million yrs heard of such bull. It concerns me that soooo many teachers dislike the fact that they "might" have to get drug tested!!!!!.. Are they hidding something?? We will soon find out if they pass it!!!... Teachers let me ask you something, if you are "NOT" doing drugs, then WHY ?? THE HECK wont you take a test??... Whats so hard about it? Your right to privacy??? My husband is a coal miner who has to take random drug tests, should he? I mean is that invading his privacy??... NO, he has to take it cause he opperates heavy machinery, so that someone u may know wouldnt get killed by him being on drugs!!... So is it that hard to understand that US as parents are concerned for our CHILDRENS safty not to leave our kids in the hands of someone on drugs 5 days a week , 9mths out of the year?... I say TEST THEM ALL!!!!!!!!! All teachers in WV!!!!!...
Posted by: Amy on Nov 21, 2008 at 04:50 PM
I think this is the biggest bunch of bull. Teachers work with children and we need to make sure that the people teaching our children are not doing drugs. If they are not doing drugs, then why would they care??? In the end, it is about protecting our children!
Posted by: concerned on Nov 21, 2008 at 04:46 PM
To fight over this is ridiculous. Teachers or ANYONE who has a profession to where they are around our children SHOULD be tested for drugs. I work with children daily and believe that this should be a policy everywhere. Protect our children NOT drug addicts that I personally dont want around my child. Maybe the only reason some people want to fight this is because they are using.
Posted by: anonymous on Nov 21, 2008 at 04:33 PM
These teachers need to grow up, and act like adults. Apparently they have something to be concerned about when they go for drug testing since there making a big deal of it. They need to be a role-model to students and there not setting very good example when there trying to fight a drug test. Its just a drug test, but again they must be afraid its going to reveal something.
Posted by: Mom on Nov 21, 2008 at 04:27 PM
Who do the teachers think they are?Why are some of them against drug testing?Other state employees are randomly drug tested.Why cause such a fuss over this matter?Looks like some teachers have something to hide.I hope they test every single one of them.
Posted by: BurnOne on Nov 21, 2008 at 04:25 PM
If these teachers can't be drug tested then how can any business drug test employees? Not to mention the fact they are drug testing students in some school. Are these teachers better than the rest of us working people or a student? Maybe I would like to twist me up one every now and then.
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The Yell: Comments for the Week of 1/4
  • Posted By: Fixed that for you: Any one who is paid by the general public, us, should have no problem taking urine tests. After all they are in the pubic debt for paying them. Its simple NO TEST, NO CHECK. This is not an attempt to violate rights, it is an attempt to enforce the publics right for our money to go to people in government and on welfare who can be TRUSTED.
  • Posted By: Chris to WSAZ: To all the workers and employees of WSAZ: Thank you for being there and allowing comments about the news.Our family watch only WSAZ news and enjoy each of you. I know that the recognition that you receive is little to none,but you deserve better.This goes out to the producers,cameramen,to everyone behind the scenes and the ones that are seen too. Thank you for having the best news program available to the public. God Bless Each and Everyone of You. Chris
  • Posted By: redbaron: in response to pablo on comment dated 01/06 - EXCUSE ME!! I do believe FIREFIGHTERS also risk their lives for total strangers and no they are NOT law enforcement!
  • Posted By: omg: I am so sick and tired of hearing how public school teachers are indebted to the public for their salary. Many of you are so freakin nosey that if your neighbor stopped too fast, you'd have to get a crane to remove your head from their rear. I am so tired of this drug test line. Teachers deserve to pee in peace and so do you. Why should teachers be forced to have their personal lives paraded all over the news? That is exactly what would happen. If a typical joe blow got fired from the coal mines for drugs, it wouldn't make front page news. A teacher being fired for drugs would. You people expect teachers to be the mother, father, grandparent, clergyman, counselor, as well as the teacher. You don't do anything with your kids but expect the teacher to fix all the problem you create. Some of them probably need drugs by the time they are done raising your spoiled kids who think the world owes them something on a silver platter. Take your own drug test before you get pregnant.
  • Posted By: Sophie: Re: The student (Hinzman?) being expelled for using foul language after being bullied & beaten on school grounds; you should not have been expelled for expressing your hurt, anger & disgust. You were a victim and did nothing. It is unreasonable to punish the victim - so what if he cussed - I'd cuss too if someone beat the beegeebers out of me. The kid who beat you should receive jail time & counciling; the kid who filmed you & released it on U-Tube should too. It has often been said that television is desensitizing our children so badly they have no empathy for others. This is a prime example. I hope the school board will have enough common sense to clear this victims school record of the incident as he should not have been expelled, and get him counciling also as such a trauma will surly have an effect on a young life.
  • Posted By: Boyd: Any one who is employed and gets paid by the general public, us, should have no problem taking urine tests. After all they are in the pubic debt for paying them for their work. Its simple NO TEST, NO JOB. This is not an attempt to violate rights, it is an attempt to enforce the publics right for federal, state and municipal employees who can be TRUSTED.
  • Posted By: George: As a parent I have no problem being drug tested. I'll stand in line right behind Katy.
  • Posted By: goodorbad: I look at it like this-if you dont have anything to hide, shut up and do the test!
  • Posted By: Rick: I think all teachers should be drug tested, I drive a transit bus for our county and I want the public to know I am drug free and teachers should want everyone to know the same, that their children are not in the care of people on drugs,if you have nothing to hide why object to random testing I know I don't
  • Posted By: Tea: I can't even imagine that our teachers have not been drug tested up until this time. Anyone who refuses should be fired. These are our children!!! People take drug test when they don't even work with people, let alone children. These are government jobs and we should have a say in what they have to do.
  • Posted By: Ari: Cheers to Rob-I feel ya!
  • Posted By: joe: I have worked for companies all over this nation and have had to take drug tests. Why should teachers be exempt from this practice? It is now common to be randomly tested(and I have been) so what makes a teacher any different than a steel worker. I can say proudly that I passed but I have seen those who didn't. They chose to use drugs and lost their jobs I didn't.
  • Posted By: Katy: As a teacher, I have no problem being randomly drug tested...as long as you agree to drug test the parents who enter the doors of my school as well. Most teachers deal with students who are exposed to/use more drugs and alcohol than any of the teachers. If these students or parents who are using drugs (and are not drug tested) enter our schools, the safety of the teachers and students are at risk. Since children spend more time with them, let's randomly drug test PARENTS, too!!!
  • Posted By: stephen: Why the heavy emphasis ont he damage to property and life Israel is doing . Where was the media uproar for years that Hamas was rocketing Israel irespective of innocent israelis.. Hamas is actualykilling their own citizens by firing rockets from UN schools and residents. Why does UN allow Hamas to use facilities for attacking Israel, then complain when Israel responds to protect their territory and citizens. Israel targets military targets, respons to from whence rockets or gun fire comes. What would we fire at if Huntington was attacked?Why does the media not put bla,e where balame belongs, and give moral support to the aggreived.What would America do if attacked? to whom would we listen? Russia, Saudi Arabia,Iran?.Media get REAL! Who has given Hamas and the Palestinians millions with which they could buy weapons---American taxpayers money!
  • Posted By: Robert: Although I feel for the employees that lost their positions at Cabell Huntington Hospital, at least more nurses were hired. I recently had a relative in the cardiac unit at Kings Daughters, in Ashland, and I was told that the nursing staff had been cut back and that no overtime was being given. This seems to be a drastic cut in patient care for a facility that spends thousands advertising that they are in the top 5% of cardiac hospitals in the country. I would be willing to wager that the Cleveland Clinic has not cut hours of those giving patient care.
  • Posted By: Boyd: If the state's budget is doing so well, why don't we use some of this money to help towns and cities in the state who are in trouble with their budget, or will this just become another pay raise for politicians?
  • Posted By: Rob: Why does everyone have to be so into using the term "racist" and have that kind of attitude. I know what my heritage is and who my ancestors were but you want to know what I consider myself? I AM AN AMERICAN! I was born and raised in this country and that's how I feel it should be. Born here, raised here.....then by God you are an American. Not an African American, not an Asian American etc. etc. You are an AMERICAN!
  • Posted By: Chris: To Ex-Officer: I agree with you 100% about the pay of police dept and the drug testing. I was formerly involved with the BCPD and had multiple ride alongs with the BCSO. I am probably one of their biggest critics due to having watch some of the bad side of the department for a long time. I wish that I could tell everything that I have seen officers do,which would put most of them behind bars or they'll lose their sheild, But retalliation is bad in our area. To the cops that do their job and do it with the best intentions, I proud of you and don't mean any disrespect. To the ones who I personally watch being more currupt then the "badguys" here,your day will be coming.
  • Posted By: Pablo: Teachers aren't the only ones underpaid. Law enforcement officers are underpaid also. And I'd like to speak about them. For example, I'm sure any parent would sacrifice their live for thier children. And several may give thier live to save their spouse. A few individuals may even do it for a close friend. But, I only know of 3 types of beings who will sacrifice thier lives for complete strangers; indeed even for people who hate them. The first would be our men and women in our armed forces. The second would be our law enforcement officers. And of course, third would be our Savior, Jesus Christ. Others are killed in the line of their employment, but not in order to save a complete stranger. Everytime a cop puts on his/her uniform, they can be a target for anyone upset about something. Even though it doesn't involve the cop personally, that very cop will give his life to save yours when a problem arises. We need to give our cops not only a wage, but a living wage and a great big THANKS.
  • Posted By: Craig: If what I am hearing is correct that Kanawha County teachers accepted a pay raise in return for submitting to drug testing, and then sued successfully so they do not have to be subject to testing, then why shouldn't we the taxpayers demand they return the raise?
  • Posted By: teresa: racist lmao i am one cherokee,german,irish,german,and who knows what else TIRED of hearing of racist comments u are either GOOD OR BAD k no skin color needed just evil or NOT
  • Posted By: Ex-Officer: I agree with Robert 100% I worked in law enforcement and loved the job but try to rise a family on less than 10.00 an hour (out of that pay for your own duty gear and gun). I believe that all public safety workers should be drug tested but i also believe that they should be paid for the job that they do. Not many people understand what a public safty worker goes through. Would you put your life on the line for this kind of pay? Remember the saying that you get what you pay for. I see this in several new officers in my area. Don't get me wrong there are still very good officers in law enforcement. Something really needs to be done about the low pay for these jobs.
  • Posted By: Garland: What's the difference between teachers and other workers(coal mineers, bus drivers, state employees,etc.)? Teachers aren't any better are they?
  • Posted By: : This is not a comment, but I would like comments on it please. What do you think of Poca High School? Racist or not?
  • Posted By: Robert: We the people, through our own self centeredness and apathy, have allowed our teachers and police officials to be some of the most underpaid people in the United States. We are trusting our childrens education and our public safety to the very people that are some of the most underpaid profesions in the U.S.. If I could change this, I would. However, I do believe that these people should be randomly drug tested. I work in the construction industry and I have no problem being drug tested. I have nothing to hide. I also believe that any person who is intrusted with the safety of others should have nothing to hide. This includes plitical officials up to and including the president.
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