Jan 13, 2008 - The Express-Times (NJ) reports that local school boards are considering pre-employment drug testing for teachers and staff after Bethlehem, PA principal John Acerra was sentenced for drug charges.
According to the article, the two districts considering the policy are Easton and Bethlehem Area school districts. Three months ago the Northampton Area School District passed such a policy.
At first the Bethlehem District considered considered a random drug- testing policy. District officials relented when a solicitor said it would violate the constitutional rights of teachers.
The Northampton solicitor said the U.S. Court of Appeals for the Sixth Circuit upheld the right of school districts to drug test teacher and staff applicants, in the 1998 case Knox County Education Association vs. Knox County Board of Education. Miller said the court found because they hold a "safety-sensitive position," teachers should expect their privacy rights to be at least slightly reduced. The objection seems to come from the ACLU.
And teacher unions.
The Bethlehem district draft policy will be presented to the board in upcoming months.
TT random drug testing for teachers was recently adopted in Hawaii but the governor made acceptance of the policy part of a deal for new raises. The state establishes teacher salaries. The teachers in Hawaii voted to accept drug testing. Link (Already challenged by the ACLU. TT-Link)
The Northampton pre-employment drug testing policy was adopted in October. TT- Link
Public safety officers across the country - police and fire - and government workers in sensitive positions are subject to random drug testing that apparently doesn't violate their constitutional rights.
