Pubdate: Tue, 02 Dec 2008 Source: Asheville Citizen-Times (NC) Copyright: 2008 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) COURT TO WEIGH IN ON DRUG TESTING FOR TEACHERS RALEIGH - A state appeals court will decide whether Graham County Schools can subject teachers and other employees to random tests for drug and alcohol use. Three judges heard arguments Monday in a challenge by a Robbinsville High School teacher that has held up the start of the random tests. The district continues to test employees upon hiring or suspicion of drug use under an old policy that seemed to at least one judge to be enough protection. "It appears on this record that Graham County was doing a fine job of meeting its responsibility to ensure the safety and security of all its students, in all three of its schools, under the old policy," N.C. Court of Appeals Judge Linda Stephens said, "when in a matter of at least 14 years - at least 14 years - only one employee needed to be tested for drug or alcohol" use. The district of 1,300 students in the far western mountains has seen few problems with drugs, acknowledged its attorney, Dean Shatley, but he said the school board passed the policy to protect its students. Superior Court Judge James Downs ruled in the district's favor in January. The appeals judges are in new legal territory. Few if any school districts in North Carolina have moved to randomly test teachers for drugs. A key legal question is whether the jobs of Graham County Schools' entire 250-member staff can be considered "safety-sensitive." Shatley noted the court has upheld random drug testing for airport employees who drive vehicles near planes. "It's only logical to conclude that school employees who directly affect the health and welfare and safety of students, who supervise children and provide for children, also should be categorized as safety-sensitive," he said. Judge James Wynn asked if that claim could also extend to school contractors, hospital workers, even the judges and lawyers in a courtroom. "Where does it end?" he asked. Rulings sometimes take months. Stephens, Wynn and Chief Judge John C. Martin will decide the case. Luke Largess, attorney for the N.C. Association of Educators and Spanish teacher Susan Jones, argued that random testing would violate state and federal constitutional protections against unreasonable searches. Largess argued there's no evidence of a safety danger that would outweigh those rights. "This isn't an urban system like Wake or Mecklenburg where you have massive turnover in the staff and principals don't know the teachers," he said. "These are schools where the principals have known the teachers for years." - --- MAP posted-by: Larry Seguin