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.