Pubdate: Wed, 08 Aug 2007 Source: Asheville Citizen-Times (NC) Copyright: 2007 Asheville Citizen-Times Contact: http://www.citizen-times.com/ Details: http://www.mapinc.org/media/863 Author: Jordan Schrader Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) JUDGE HEARS DRUG TEST CASE RALEIGH -- Arguments made Tuesday will help a judge decide if Graham County Schools may confront teachers and other employees with random drug tests. The N.C. Association of Educators sued the school district on behalf of a teacher, saying a policy that took effect last month violates state constitutional principles against discrimination and searches without evidence. The school district says the random drug testing policy, believed to be the state's first, is meant to keep students safe and promote an anti-drug message. "It's really a case without a whole lot of precedents in North Carolina," said Dean Shatley, the school system's attorney. Superior Court Judge James Downs heard arguments in Asheville but did not rule. No testing will be done until the court makes a decision, Superintendent Rick Davis said. In a legal brief presented Tuesday, attorneys suing the district wrote that random drug testing is unnecessary. It has been 17 years, they said, since officials have discovered a teacher using drugs under the old policy that allowed tests only upon suspicion. Depositions of school officials revealed no evidence of drug use, the lawyers said in the brief, only unsupported rumors about three people: a high school teacher accused of smoking marijuana, an elementary school teacher rumored to have been drunk at a basketball game and a coach accused of using drugs and helping students pass drug tests. Unlike private employers who can test workers at any time, North Carolina allows random testing only for "safety-sensitive" jobs. "Because of the very nature of their jobs," school attorneys said in a brief, "school employees serve in a capacity in which safety must be an overruling concern." But their opponents said the district has gone too far in trying to rein in drug and alcohol use. "The policy defines 'under the influence' in a manner that would subject an employee to mandatory rehabilitation, 24 months of unannounced testing, and even termination, for having even a trace amount of alcohol in their system," they said. - --- MAP posted-by: Jay Bergstrom