Judge Puts Temporary Halt to Teacher Drug Testing
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Updated: 8:02 PM Dec 29, 2008
Judge Puts Temporary Halt to Teacher Drug Testing
Kanawha County School Board member Pete Thaw says he expects the district will prevail eventually in a fight to require random drug testing for teachers, despite a setback in federal court today (Monday).
Posted: 10:25 AM Dec 29, 2008
Reporter: Associated Press; Amanda Barren
Email Address: news@wsaz.com
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From The Associated Press
CHARLESTON, W.Va. (AP) - Kanawha County School Board member Pete Thaw says he expects the district will prevail eventually in a fight to require random drug testing for teachers, despite a setback in federal court today (Monday).

Thaw says it's sad the American Federation of Teachers-West Virginia is fighting drug testing when the policy would protect students.

U.S. District Judge Robert Goodwin granted an injunction preventing the Kanawha County school system from implementing the policy Jan. 1.

The policy would allow random testing of Kanawha County school employees, including teachers.

The injunction was sought by the American Federation of Teachers-West Virginia. In its lawsuit, the teachers union contends the policy is unconstitutional. Goodwin agreed, saying it would force teachers to submit to an unconstitutional and unjustified search.



UPDATE @ 11:49am
A federal judge has granted the teacher's union a preliminary injunction in its case against random drug testing for teachers in Kanawha County Schools.

This means the policy set to take effect on January 1st will be put on hold.

Keep clicking on WSAZ.com for more information.



ORIGINAL STORY
By: The Associated Press
CHARLESTON, W.Va. (AP) - A teachers union is asking a federal judge to block the Kanawha County school system's new random drug testing policy.

U.S. District Judge Robert Goodwin scheduled a hearing Monday morning on a lawsuit filed by the American Federation of Teachers-West Virginia that challenges the policy. The teachers union is seeking a preliminary injunction to halt the policy, which is to take effect Jan. 1.

The policy allows random drug testing of Kanawha County school employees, including teachers. The lawsuit contends that the policy is unconstitutional.

The teachers union originally filed the lawsuit in Kanawha County Circuit Court but it later was moved to federal court.

(Copyright 2008 by The Associated Press. All Rights Reserved.)


Latest Comments

Posted by: Darren on Jan 14, 2009 at 05:22 PM

I have been listening to all the press going back and forth about drug testing. I have a daughter in the school system and knowing what I do about some of the teachers (not all) they need to be drug tested. Everybody else has to be drug tested so why not someone that we trust our kids to for 7 to 8 hours a day? If the teachers win their law suit and say that random testing is illegal then everyone that has ever been fired for failing a drug test has a suit for discrimination. I was always under the impression that teachers care about the kids first but that don't seem like the case. All the parents need to contact the Governor and see what he can do to make sure that a sober teacher is teaching our kids
Posted by: Chad on Jan 6, 2009 at 04:26 PM

Do you know why most companies mandate drug tests? To protect themselves from lawsuits. Don't worry testing supporters, it'll pass right after someone brings up a lawsuit against the school board for the actions of a teacher on drugs. Personal responsibility? Never heard of it!
Posted by: UncleSam on Jan 6, 2009 at 04:24 PM

Its discrimination of the highest degree. If it is legal then should we not also give them a DNA test and ban all the teachers who's genetics show predispositions to unfavorable conditions or behaviors. Or if we're trying to set good examples for the children, why don't we fire all the overweight teachers as well. Think before you react.
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