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Updated: 4:39 PM Nov 21, 2008
Lawsuit Threatened over Kanawha County Drug Testing Policy
A lawyer for a local teacher's union says the union has little choice but to challenge the new policy in court.
Posted: 4:11 PM Nov 21, 2008Reporter: Kallie Cart Email Address: kallie.cart@wsaz.com |
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37 Comments
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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.
Latest Comments
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!
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