Pubdate: Fri, 16 Nov 2007
Source: Honolulu Star-Bulletin (HI)
Copyright: 2007 Honolulu Star-Bulletin
Contact:  http://www.starbulletin.com/
Details: http://www.mapinc.org/media/196
Author: B. J. Reyes
Cited: ACLU of Hawaii http://www.acluhawaii.org/news.php?id=286
Cited: ACLU Drug Law Reform Project http://www.aclu.org/drugpolicy/
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.mapinc.org/states/hi/ (Hawaii)

GROUP READIES DRUG TEST LAWSUIT

The ACLU of Hawaii Intends to File Suit on Behalf of Teachers

A civil rights group says it has been contacted by more than 200 
teachers who are interested in being part of a federal lawsuit 
challenging a new policy that calls for random drug tests for public 
school teachers.

Carlie Ware, an attorney for the American Civil Liberties Union's 
Drug Law Reform Project, said the organization is interviewing 
potential plaintiffs and aims to file the lawsuit by January.

"The men and women who teach in the classrooms of Hawaii's public 
schools are demoralized by the governor's decision to spend hundreds 
of dollars to drug test one teacher while they barely have enough 
money to provide students with textbooks and school supplies," Ware said.

The ACLU of Hawaii says the policy is unconstitutional, and had 
threatened legal action in a letter to Gov. Linda Lingle last month, 
asking her to scrap the policy by yesterday or face a lawsuit.

Lingle said she is confident the policy will be upheld.

"It was voted for by a majority of the teachers," Lingle said 
yesterday. "We feel it's important for student safety and for teacher 
and staff safety as well."

The policy was added as a non-negotiable item in a contract ratified 
last spring by the 13,000-member Hawaii State Teachers Association. 
In May, 61.3 percent of more than 8,000 union members approved the 
contract, which also provided 4 percent raises in the current and 
next school years.

Attorney General Mark Bennett has said the ratification makes any 
legal challenge moot. The ACLU argues that teachers' constitutional 
right to privacy cannot be negotiated into a contract.

Librarians, counselors and curriculum coordinators also would be 
covered by the random drug testing program, which is set to begin 
June 30. Bus drivers, some physical therapists and auto mechanics 
instructors already are subject to drug testing.

The ACLU says it does not oppose a portion of the policy that calls 
for reasonable-suspicion drug testing. 
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MAP posted-by: Richard Lake