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Posted: 9:54 PM Jan 2, 2009
Questioning Kanawha County's Drug Testing Policy
A federal judge just this week said no to random drug testing in Kanawha County Schools, ruling the tests are unconstitutional. That decision has led to questions about whether the county drug testing policy is legal.
Reporter: Will Jones Email Address: will.jones@wsaz.com |
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53 Comments 
KANAWHA COUNTY, W.Va. (WSAZ) -- A federal judge just this week said no to random drug testing in Kanawha County Schools, ruling the tests are unconstitutional.
That decision has led to questions about whether the county drug testing policy is legal. County leaders aren't waiting to find out -- Commissioner Kent Carper is taking his concerns to court.
For months, the Kanawha County Board of Education has been ground zero for the debate over random drug testing for school employees. But now the ball is in more than one court after a federal judge called the board's policy unconstitutional and unnecessary.
That policy is very similar to the one for Metro 911 employees.
"It's every bit as comprehensive as the one that the board of education was getting ready to pass," Carper said. "So, if that policy fails, the policy at the 911 system will change."
Carper said the drug problem doesn't discriminate, and no county employee should get a free pass.
"This business that there is no drug problem is not true," Carper said. "We have seen that we have a drug problem. Now is it pervasive or overwhelming? Massive? No."
The similarities in policies make the decision from inside a Charleston federal court house hard to ignore, so Carper plans to bring the county into the fight.
The county's drug policy has in been in place for more than a year, and Kanawha County commissioners plan to discuss the future of the policy at the next commission meeting Thursday.
Latest Comments
everyone else has to be tested to be in society i dont think that its too much to ask of the teachers... i think ALL teachers everywhere should have to be tested... maybe if they were our kids could go to school and get an education... there are very few good teachers these days... i recently had to go to the school because of one teacher doing more shopping online than teacher her class and there was 1 child in the whole class that was passing... and she was more concerned with shopping and cheerleading.... our school systems are a mess.. like i said, i think all teachers everywhere should have to be tested...
Why should the teachers be ruled out? Construction workers, plant workers and many many other professionals have taken these random drug test for years. Why should the teachers be exempt? Do they have something to hide?
I still don't see the problem among professionals and drug use. This debate is going on because some drug test manufacturer wants more money and some people are actually standing up for their rights. I remember comments about what a good doctor that ex-cardiologist was and the only problems his drug use was causing was a DUI. So unless all of Wall Street was high when it was gambling with derivatives or Bush was under the influence when he put us on a wild goose chase for WMD's, how has this "drug problem" you speak of effected you? No, I don't want the people who are responsible for me or my child's safety to be on drugs, but I'm quite sure if they are and its a problem then it will be taken care of. Thats why you have a boss. I don't need a drug test to hide behind when I fire employees who perform poorly. Nor do I think drug use/abuse is only a "redneck or ghetto thing". I do however believe drug abuse is more prevalent among the uneducated.
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