Questioning Kanawha County's Drug Testing Policy
Questioning Kanawha County's Drug Testing Policy Save Email Print
Posted: 9:54 PM Jan 2, 2009
 Last Updated: 9:54 PM Jan 2, 2009
 Reporter: Will Jones
Email Address: will.jones@wsaz.com
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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.
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Posted by: Anonymous on Jan 7, 2009 at 12:10 PM
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...
Posted by: Hope on Jan 6, 2009 at 08:42 PM
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?
Posted by: Saul on Jan 6, 2009 at 02:15 PM
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.
Posted by: Janet on Jan 6, 2009 at 10:44 AM
Yea!!! Finally, a judge in the area who upheld the constitution. This is great news for the future and bad news to all the nosey people out there who love to go through other peoples urine. BTW, if you think your teacher, nurse, doctor, etc. is stoned then ask for another one. All of you should be fighting to uphold your own personal civil liberties and privacy. Thanks to the ACLU for standing up for us! Everyone seems to have lost the meaning of freedom. We are still American right? or did the terrorists win?
Posted by: JAMIE on Jan 6, 2009 at 09:07 AM
HAS ANYBODY EVEN THOUGHT THAT THE PEOPLE WHO MADE THE DECISION NOT TO DRUG TEST TEACHERS,ARE PROBABLY USERS ALSO.THEY DONT WANT TO PASS THAT BECAUSE IT MIGHT TRICKLE ON DOWN THE LINE AND THEY WOULD HAVE TO TAKE ONE TOO(THEY WOULD MORE THAN LIKELY FAIL).IF YOU ARE TAKING CARE OF CHILDREN,THEN YOU NEED TESTED.EVERYONE ELSE IN THE SCHOOL SYSTEM HAS TO,SUCH AS BUS DRIVERS,CUSTODIANS,ETC.IN MY OPINION THEY SHOULD DRUG TEST(RANDOMLY)UNLESS THERE IS A REASON,BUT I WOULD START OUT TESTING ALL OF THE IDIOT TEACHERS THAT ARE STANDING ON THE SIDE OF THE ROAD PROTESTING THE POLICY,I WOULD TEST THEM FIRST.THEY OBVIOUSLY HAVE SOMETHING TO HIDE OR IT WOULD NOT BE A BIG DEAL.
Posted by: thinkaboutit on Jan 5, 2009 at 11:51 PM
Saul, WHAT??? No problem among professionals? Would you consider a doctor or nurse a professional? What about the heart doctor from St Marys Hospital that was arrested for DUI and possession about four months ago? Is he a professional? Surely, you wouldn't think that drug use/abuse is just a redneck and ghetto thing do ya? Drug users are very clever at hiding their addiction and will go to great lengths to convince someone there is not a problem. Hmm, Maybe going to court to fight the nonsense. KCS, if you have concerns about the safety of some of your children aren't you required by law to report that? You're right it is time that people addressed this issue. I have been griping about CPS for years now. I only hope that CPS and the judges that deal with these cases are randomly tested too. Would you want a stoned nurse, doctor or other healthcare worker working in the OR while your child is under anesthesia?  
Posted by: smith on Jan 5, 2009 at 10:01 PM
i tell you what, my sister is a teacher at a school in ky, she takes pain pills all day long. but, she is a wonderful person and teacher. you can still teach and be on pills is what im trying to submit.truth hurts dont it....
Posted by: allison on Jan 5, 2009 at 06:21 PM
In response to the person who thinks not even burger flippers should be drug tested. Remember that when you are placing your child on a bus, climbing into a cab or other form of public transportation or having surgery at a local hospital or passing a big rig on the interstate. Teachers are responsible for our children 8 hours of the day. To think that it is unconstitutional for them to be drug tested is just stupid. My husband is a salesman and is randomly drug tested. The only ones who are complaining are the ones who use illegal drugs.
Posted by: To Saul on Jan 5, 2009 at 04:49 PM
Get your professional little head out of your #$%. There apparently is a drug problem otherwise it would not be up for discussion. Apparently Saul has no children and could care less about them. Go ahead drink another glass of purple kool-aid!!! And another thing, drugs are scary and bad!!! You will come to realize when you or a person you love hits rock bottom. Go ahead, think OF the children instead of yourself!!
Posted by: Saul on Jan 5, 2009 at 01:56 PM
Don't waste my tax dollars on random drug tests, if the commissioner can't figure out who has a drug problem without a random drug screen, maybe we need a better commissioner. I didn't realize there was such a drug problem among professionals- oh wait thats because there isn't one. But lets throw our money down another rat hole because drugs are scary and bad. Oh think of the children!
Posted by: To SL on Jan 5, 2009 at 08:27 AM
In response to your comment... It is my business as a parent when you are around my kid at school all day. Give hugs, not drugs!! It is still illegal to smoke weed, period!!
Posted by: dave on Jan 5, 2009 at 07:27 AM
I like to know how a teacher thinks they are better then everyone else when it come's to this.Just about every job now you have to be drug tested.Like Chris said they are trying to hide something.It's funny they make the kids take random test and the bus drivers so why not them.Who wants a teacher on drugs teaching their kids in school.
Posted by: Pharmacy Employee on Jan 4, 2009 at 09:38 PM
You would only be against it if you didn't have a prescription for it. You won't get in trouble if you have a doctors order for it. You will get in trouble if you go up the creek and buy it from Billy Bob! I have seen 1 particular school bus driver try to get her lortabs early all the time and had a excuse every time, always going out of town. That one gets old. I even caught her trying to steal! Yes test them!!!!!!!!!!
Posted by: Chris on Jan 4, 2009 at 03:14 PM
I think that the only ones that are against random drug testing in schools are the ones that have something to hide. If you don't have anything to hide, why should you not take the drug test. These are our children being taught in school and we want the best for them. I think that all schools in all states should have random drug test to insure that the kids aren't being influenced by the people who are educating them. All I want is the best for my kid, so shouldn't the teachers want the same.
Posted by: SL on Jan 4, 2009 at 02:55 AM
What someone does on their time (after work) is their business.
Posted by: To Teach on Jan 3, 2009 at 08:34 PM
Who forced you to be a teacher? Ineffective parents don't get a check every month to deal with kids ! YOU DO, If you don't like the job get another one. Unless you have something to hide why whine about being tested.
Posted by: K on Jan 3, 2009 at 05:38 PM
As a mother and a health care professional, we all need to open our eyes to a large ever growing drug problem. As you sit there reading all of the comments, how many people can honestly say that they do not know anyone affected by drugs?! You do not have to be poor, unemployed, homeless, uneducated. It can be ANYONE! And as healthcare provider I am drug screened on a regular basis. Is that unfair? Do you want my judgement clouded if/when you or a loved one is brought for emergent medical treatment? I have nothing to hide and am glad that there is testing in place. It is called safety.To all the teachers, why has this struck a nerve? After all it is supposed to be about the kids! As a parent it would make me feel a heck of alot better knowing that my child is left with a teacher that is drug free!!!!
Posted by: Peter Cholakis on Jan 3, 2009 at 04:35 PM
The federal judge must be an idiot. Random drug testing is completely legal.
Posted by: cliff on Jan 3, 2009 at 02:47 PM
i guess i can go to work tommorrow and be blowed out of my head and still have my job i dont have nothing to hide
Posted by: KCS on Jan 3, 2009 at 01:59 PM
Thank you Teach - Many teachers and other employees are tired of being the excuse and scapegoat for the other adults in students lives that don't or won't be responsible themselves. It's much easier to constantly find or create someone else's faults and blame them for the safety issues concerning one's own children. I have had multiple students whom I have had safety concerns because of what they go home to yet others aren't concerned about that. One even commenting they get up each day wondering when their parent will be caught for using and selling drugs and they will be taken away. Why don't these parents have to take responsibility for the situations they're putting kids in instead of creating fears and destroying the confidence of their children in the many school employees that are very caring and trustworthy. Yes, many parents are ok, but many are greatest threat in children's lives in multiple ways - Let's address that issue for a change!
Posted by: To Rorshach: on Jan 3, 2009 at 01:55 PM
Ah, the old liberal argument about violating a person's rights when it's not in line with the liberal agenda. I was in the military for 20 years and was drug tested at least every 6 months or more. Never had a problem with it because I didn't feel safe working beside someone who may be under the influence of a drug (prescription or illegal). I also never failed a test. I also know a few teachers that partake in illegal substances and I think there has been a few news articles in the last couple of years involving teachers and drugs. Heck, I would even support drug testing before you could have children or get public assistance but I know the "all knowing liberals" would have a field day with that rule.
Posted by: KCS teacher on Jan 3, 2009 at 01:48 PM
I am against RANDOM drug testing for anyone - teachers, burger flippers, shoe salesmen. It's an invasion of our privacy. Period. As for going to a pain clinic - my husband was injured during his service in Iraq War in 03-04 and he takes personal leave from his classroom to go to a pain clinic in order to receive steroid shots in his neck to alleviate pain. Don't assume someone is "high on prescription pills" just because they go to a pain clinic.
Posted by: Anonymous on Jan 3, 2009 at 01:44 PM
I'm still trying to figure out why it's unconstitutional to drug test teachers, but not EVERY OTHER PROFESSION.
Posted by: Phil on Jan 3, 2009 at 01:21 PM
Test everybody or nobody,no one is above reproach.
Posted by: poorteacher on Jan 3, 2009 at 12:54 PM
I wish teachers and our unions would get this involved in our pay raises and peia premiums. It's time for a strike over these issues, not whether or not you should take a drug test. TAKE THE TEST AND FIGHT OVER THE REAL ISSUES.
Posted by: RoaneCo. on Jan 3, 2009 at 11:46 AM
Ok, if it unconstitutional to drug test teachers then it should be unconstitutional to test anyone. Pretty simple don't you think?
Posted by: Bud on Jan 3, 2009 at 11:38 AM
I work daily, pay taxes(fed, state, city, property, phone etc.) and on just about all of them it has a spot for school tax so really the tax payers employ the teachers so if I had to be drug tested to get my job and have to be willing to be drug tested to keep it what makes them think they are better then the people who pay they salary. The groups that should be drug tested first and foremost are the people the taxpayers employ. And police, teachers, public officals and walfare recipients who get something for nothing should be in that group.
Posted by: Nick on Jan 3, 2009 at 10:37 AM
I typically stand behind our teachers, agreeing that they are the most underpaid professionals in the state. To sum up the situation, the public schools have a drug problem–but they don’t know how big a problem it is, because there’s no drug testing. Most of us have come to accept workplace drug-testing as a necessary part of any anti-drug program, but not the Teachers. You might think they would want to do everything possible to root out druggies from their midst–but if you thought that, you thought wrong. Instead, the teachers seem determined to obstruct efforts to clean up the mess. Most of us have come to accept workplace drug-testing as a necessary part of any comprehensive anti-drug program, but not the teachers. What are we teaching are children? The lesson here is It’s ok to use drugs. Watch, they will now ask for a raise in exchange for drug testing. Than cry if they get tested. My son commented the other day about seeing a teacher he highly respected at a party using drugs. What a let down!
Posted by: Teach on Jan 3, 2009 at 09:10 AM
I've said it once and I will say it again... Drug test me right after all of the ineffective parents. I have 20 kids in my class and only 9 of them that do their homework or bring back anything. Wanna worry about me? I can't do it without you at home. I can only instill so much, you have to make learning a priority at home. Finding ways to destroy or bring down teachers isn't helping. Be an adult. Do your job at home and I will continue to go over and above at school.
Posted by: anonymous on Jan 3, 2009 at 09:09 AM
If the teachers don't have to take a drug test. It shouldn't apply to anyone, nobody should have to take the test no matter what job you do!
Posted by: KY Teacher on Jan 3, 2009 at 09:04 AM
The idea that this is a privacy issue (Mark) is totally ridiculous. Picking a teacher during their planning period would make this unseen to the students. I think they should do the testing. Yeah, we aren't the same as chemical engineers, but would you want someone who is on drugs dealing with your kids all day long? Why not just get them a babysitter and a bag of weed? As a teacher, we have the upmost importance of taking care of our students and being at the top of our game every day. If someone is on drugs, that is not what I call being at the top. To those teachers who oppose the testing, it's probably because you are high when you get home. The drug problem is huge in this area. WAKE UP! I've had a kid in class O.D. and died 9 times on the way to the hospital. Several other kids have been randomly tested for drugs and about a fourth of them have been positive. We are trying to save a kid from going down the wrong path, should teachers be a role model for our students?
Posted by: Joanne on Jan 3, 2009 at 09:02 AM
Mark, obviously it's a privacy issue. However, I doubt that it would be done on any teacher's own time and it's very possible to simply explain that the teacher was needed in the office or where ever. The statement that every child would know really has no bearing on this anyway. As far as your statement, "A teacher only has the risk of being ineffective in the classroom.", are you kidding me? This is a very sad view of our children and their future. "Only". It is about safety. As other teachers from the district have stated, they'd gladly accept random testing. It's the ACLU looking for a fight, even though it's in the best interest of our children, and those teachers that should probably look into treatment.
Posted by: curious on Jan 3, 2009 at 08:46 AM
just about any job now involves mandatory drug testing. our teachers in WV are no different besides if you have nothing to hide, drug testing should not be a big deal.
Posted by: K on Jan 3, 2009 at 08:33 AM
To Mark, you wouldn't consider a teaching as a job that impacts safety? Do you have a child in school? Would you trust your 5 or 6 year old with some loser messed up on drugs? If a teacher isn't a "safety sensitive" position, then I don't know what is. How about you take your kids and drop them off at a crack house for the night....would you do that?
Posted by: Wake Up!! on Jan 3, 2009 at 08:17 AM
These teachers not testing are doing nothing accept leaving a bad taste in the mouths of the public and with parents that have children in school. Is this what you really want is distrust and no faith in you as teachers? I understand that some teachers like KCS may not have a problem but, unfortunately this situation does stereotype all involved. It is sad that students have no problem being tested just to play football and yet you have teachers that ask for a raise every time they can get a levy voted on!! Come on!! Teachers if you want continued faith and support from parents and your community you need to be tested. You are no different that an over the road driver making deliveries or a state worker typing a paper. They want paid for their services too. You need to be tested the same as everyone else to show that now above everything else you are not hiding something because at this point that is what this has become only a way to avoid a test because some of you do do drugs!!! Sad
Posted by: Concerned on Jan 3, 2009 at 08:12 AM
There is a drug problem in the schools and parents should get together and demand that teachers be tested. Most companies require drug testing before an employee is hired. If it is against the teachers rights to be tested then don't test my children they have rights too. How many other companies will be affected by this judges decision? Teachers want higher pay because of the job they do with our children. My suggestion is that if you want the money then show that you deserive it. There are good teachers in our school system but the few bad ones make all of them look bad. I would like to say that a teacher who is against what the union is doing should work to replace your union representives, but that is easier said than done. Once they get a little power it is hard to get rid of them.
Posted by: Anonymous on Jan 3, 2009 at 07:58 AM
What makes TEACHERS any different from the rest of us that are subject to random drug testing???? TEACHERS should be drug tested. If its unconstitutional for teachers to be tested then its unconstitutional for the rest of us, as well. STOP WHINNING, TAKE THE TEST, IF YOUR CLEAN, GOOD, IF YOUR NOT, THEN PAY THE PRICE. JUST BECAUSE YOUR A TEACHER DOES NOT MEAN YOUR NOT CAPABLE OF ABUSING DRUGS/ALCOHOL.
Posted by: Give a Hoot on Jan 3, 2009 at 07:56 AM
Let the lawsuits begin...
Posted by: a on Jan 3, 2009 at 07:09 AM
Like I have said before... Every job that I have ever had required random drug testing. If you don't submit then you are fired.. Why should teachers be expempt from the same standards that the rest of the world is required to live by.
Posted by: bubba on Jan 3, 2009 at 05:04 AM
Lee's comments are the perfect example as to why we need drug testing for teachers.
Posted by: William on Jan 3, 2009 at 04:44 AM
The ladies doth protest too much, methinks...
Posted by: gvn on Jan 3, 2009 at 04:33 AM
Ive heard the teachers come up with every reason why they shouldnt be tested . The fact is many teachers are taking perscription pain medicine , its a national epidemic . I have a CDL and Im subject to random testing why are they different than me . I have seen a neighbor who is a cabell county school principal going to a "Pain Clinic" on school days ? How effective is someone taking Oxycontin every day , making administrative decisions in our schools . I hope Kanawha county will go all the way and test all employees of the county . Its time to quit protecting drug users and drag them into the light of accountibility .Drugs in our society has caused the downfall of the United States .
Posted by: Rorshach on Jan 3, 2009 at 02:53 AM
Ah, that old right wing argument.... "Why worry about taking a drug test if you have nothing to hide?" Sorry, but that's not the issue, folks. The issue is a grown, tax paying citizen's right to privacy. Wake up people, we don't have a lot of things left in our lives that are private. I'd at least like my bodily fluids to remain a subject that's between me and my doctor, not me and my employer, co-workers, and government.
Posted by: Anonymous on Jan 3, 2009 at 12:41 AM
any one i know of that every did drugs sooner or later got caught so if the teachers are doing drugs they will get caught all in due time just a matter of time
Posted by: Mark on Jan 3, 2009 at 12:34 AM
The problem is privacy issues. In random drug testing, most companies require you to immediately drop what you are doing and go withing an hour or two of being selected. If a teacher is selected, every student in his/her class will know they are being drug tested when the principal comes in and tells the teacher. Also, it may be that teachers have to do it on their own time. I get paid for my time by my company if I am chosen for random testing. Another point is safety. Drug testing is really necessary for jobs that impact safety. I would not consider a teacher in the same boat as me (a chemical engineer). What I do in my job can have drastic (life or death) consequences to people and the community. School bus drivers are tested for the same reason. They have a bus load of children they are driving. A teacher only has the risk of being ineffective in the classroom. A principal can request a drug test of any teacher they believe may be on drugs (it is already on the books).
Posted by: KCS on Jan 3, 2009 at 12:30 AM
As a KCS employee I am here to say that the majority of us have nothing to hide and were prepared to have any test given to us prove that. I am VERY tired of being lumped together with a few union people who want to complain over everything when I and most colleagues go to work every day truly dedicated to just trying our best to help children. I hate it's giving the idea we all have something to hide because for many that isn't it at all. Many hard-working caring people quietly do GREAT work with kids, many lacking any parental support, yet our efforts are overshadowed by vocal unions and a very small few (8 out of a few thousand last year) employees who actually had a problem. The rest of us have a right be innocent until proven guilty of something or should have the right to prove our innocence to an extremely judgmental, accusing, and increasingly arrogant public.
Posted by: Drugtestedcountyemploee on Jan 3, 2009 at 12:03 AM
It really makes me wonder what kind of people we have teaching our children. No wonder our children have low test scores and high drop out rates we must have alot of teachers under the influence!! Why else would they be so against drug testing? My company has random drug testing and I think it is wonderful.
Posted by: no name on Jan 2, 2009 at 10:27 PM
They need to pass this in every County even Wayne County.
Posted by: Joanne on Jan 2, 2009 at 10:22 PM
I think that this decision is based on out-dated constitutional rights. Do you really think that our forefathers took loads of pain pills and then got in their buggies and rode to work crafting our constitution? No, I don't believe that they foresaw over 200 years into the future and could fathom the destructive powers of drugs. I believe any profession that either has serious risks of injury to themselves or others, or are in contact with children or other patients need to be randomly tested. If this isn't acceptable protocol for them, find a new profession or start their own business where they're free to smoke, snort or take their drugs. Not around my kids or my life in the balance.
Posted by: lee on Jan 2, 2009 at 10:20 PM
when will it stop the gas price go down then up come on were not reach whens anoff give us a break man we cant hardly pay my bills as is every one needs to say stop and put there foot down
Posted by: lee on Jan 2, 2009 at 10:15 PM
whats the problem if there not duing drugs why want they they take a drug teast do think theyer any beter then anyone else news flash your not so take it and shut allready it dont hert so what are you hiding that you dont want the parents to now what youre doing haa drugys
Posted by: mom in cabell on Jan 2, 2009 at 10:14 PM
as i said before responding the other day to this on another web site is basically..do the tests and shutup! you all wanted a raise well you dont deserve it...you all dont want the drug tests but yet you think the kids should do it. well we do here in cabell and im VERY GLAD of it! my kids have the rights i give them and only me! i set the examples and there are not alot of teachers that do set a good example that ive seen and know of... but yet let a kid do or say something wrong and you are the first to condem them! so set the example and do things you dont like and be done w/ it!!!! or do you have a problem you are trying to hide...um???maybe. thats what ive really been wondering!
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