Pubdate: Mon, 13 Feb 2006 Source: Eagle-Tribune, The (MA) Copyright: 2006 The Eagle-Tribune Contact: http://www.eagletribune.com/ Details: http://www.mapinc.org/media/129 Author: Stephanie Akin Bookmark: http://www.mapinc.org/testing.htm (Drug Test) SOME HAVERHILL PARENTS SUGGEST DRUG TESTS FOR TEACHERS HAVERHILL - Prison guards, school bus drivers and airline pilots are required to undergo drug tests as a condition of employment. So why not teachers? That's the question some local parents are asking following the arrest recently of a teacher's aide at Bradford Elementary School for illegal possession of marijuana and prescription drugs. "With a lot of employers, people expect there will be a drug test before they are even hired," said Sandy Farmer, a member of the Bradford Elementary School Parent Teacher Organization. "You're taking someone's child into your care; there should be some type of program put in place," said Jennifer Morgan, president of the Bradford PTO. In Massachusetts, The Education Reform Act of 1993 requires school districts to do criminal background checks on all employees. A drug test, some parents and school officials said, is a natural next step, especially considering that criminal background checks confirm only if a prospective employee has been arrested, and only if the arrest was in Massachusetts. Massachusetts anti-discrimination laws prohibit employers, including school districts, from asking applicants if they are drug users. Naomi Shonberg, an attorney who represents 25 school districts, including Haverhill, Lawrence and Andover, said districts can institute drug tests for job applicants without asking teacher's unions. Random and suspicion-based tests are legal but subject to collective bargaining. The American Civil Liberties Union has challenged employee drug tests as an invasion of employee privacy, equating them with random searches outlawed by the Fourth Amendment. They said drug tests can return false positives or reveal information that an employer has no right to know, such as if an employee or applicant is pregnant or taking antidepressants. But federal law requires drug tests for all transportation workers; the state tests workers in its prisons, and several cities and towns test police and firefighters. The Massachusetts Department of Education does not keep track of which school districts test employees for drugs. Representatives from school districts in Andover, North Andover and Methuen said their districts like Haverhill do not require any kind of drug tests. Lawrence school officials did not return requests for comment. In Haverhill, parents and school officials agreed that Bradford Elementary School administrators handled Jillian Reynolds, 20, as well as the district's policy allows. Reynolds' supervisors noticed her frequent trips to the bathroom and what they described as "impaired" behavior when she returned. Finally, they asked her to empty her bag. When they found the marijuana cigarette, illegal muscle relaxer and anti-anxiety medication, they called the police. She was fired the same day. Reynolds, a 2003 Haverhill High School graduate, told a co-worker she was a former heroin addict, according to police reports. Phil Kimball, whose daughter Kara, 17, is the Haverhill High student president, said he would be against random testing, but teachers should be tested if the district had a cause for concern. Others said teachers have such constant contact with their administrators, and schools can easily identify teachers who have problems and confront them by other means, just as they did with Reynolds. "If they thought something wasn't right, they'd be on top of it," said Maureen Zuber, who has four children in Haverhill schools and whose husband, Phil Zuber, teaches fifth grade at Silver Hill Elementary School. School Committee President Robert Gilman said Richard Langlois, head of the school district personnel department, told him the district has had fewer than three incidents of drug abuse in the past 12 years. Over that time, it has employed 1,400 people and 4,600 volunteers, he said. "It didn't seem to be an overwhelming problem," he said. North Andover Superintendent Harry Harutunian said his former district in Reading tested all applicants as part of a $200 physical. In North Andover, he said, he couldn't justify such an expense. "If I had the ability to do it, I'd do it," he said. A spokesman for the state said he could not immediately provide costs for state-mandated employee drug tests. But Todd Shoulberg, vice president of Florida Drug Screening, a national company with sample drop-off sites in Methuen, Lawrence and Andover, said a school district could start a comprehensive program, which would include screening roughly 100 job applicants and about 10 employees every month, for less than $5,000 a year. Shoulberg said his company conducts tests for school districts in other parts of the country but not in Massachusetts. In Westford, an upper-middle-class town of 20,000 people 30 miles west of Haverhill, teacher drug use became a concern with the arrest last month of a teacher for possession of heroin. That teacher was the second arrested on such the charges in the town in five years. "People are embracing the idea that we are going to pursue this," Betsey Andrews, chairwoman of the Westford School Committee, said of drug tests. "It's their children that are dealing with these teachers every single day." Westford does not test its students for drugs, Andrews said. But the School Committee is considering required physicals and drug tests for all new hires, a policy the district will then broaden to include random tests for all school employees. - --- MAP posted-by: Beth Wehrman