Pubdate: Mon, 04 Oct 1999
Source: Reuters
Copyright: 1999 Reuters Limited
Author: James Vicini

SUPREME COURT ALLOWS DRUG TESTS FOR NEW TEACHERS

WASHINGTON (Reuters) - The U.S. Supreme Court Monday allowed mandatory drug
tests for prospective teachers, rejecting the argument that the tests
violate constitutional privacy rights.

The high court without any comment or dissent let stand a ruling that
allowed the Knox County Board of Education in Tennessee to require that
teachers take drug tests because they hold ``safety-sensitive'' positions.

The program had been challenged by a group representing professional
employees in the school system on the grounds that it violated their
constitutional right to be free from unreasonable searches and seizures of
evidence.

The program requires that persons applying to become teachers must take a
urine drug test after they are offered a position, but before their
employment begins. The rule also covers transfers and promotions within the
system.

Among those designated as having ``safety-sensitive'' positions required to
take the drug tests were principals, assistant principals, teachers,
teacher's aides, substitute teachers, secretaries and bus drivers. The
Supreme Court case focused only on teachers.

The county employs 3,200 teachers in its elementary, middle and high schools.

A federal judge initially struck down the policy as unconstitutional.

But a U.S. appeals court reversed the ruling, declaring that ``common sense
and experience with life'' and ``intuitive understanding'' were enough to
hold that teacher drug tests were essential to ensure ``the safety and
welfare of the children.''

In appealing to the Supreme Court, lawyers for the teachers argued that a
specific evidentiary showing was needed to justify the drug tests.

They said there was no evidence to indicate a problem of drug use among the
school system's teachers or that drug use had ever impaired a teacher's
performance of school duties.

The lawyers also said the school district had failed to show that tests
based on individualized suspicion of drug use would be ineffective in
identifying a teacher whose abilities might be affected by drug use.

They said the program failed to strike the proper balance between
governmental interests and privacy concerns.

But the board of education defended the drug tests of all new teachers,
saying their profession was highly regulated and they have a responsibility
to protect students from harm and to secure order in the schools.

``The Knox County public schools have a legitimate governmental interest in
employing drug-free teachers,'' the lawyer representing the board told the
Supreme Court.

The last time the Supreme Court ruled on drug tests in schools was in 1995,
when it upheld tests of students who take part in athletic programs.
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