Testing Teachers' Rights

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Private School News//

December 9, 2009

In 2006, a former Board member for Graham County districts pushed for the policy when he noticed a growing trend in local drug abuse. In 2007, the County faced a lawsuit by the state teachers' association, preventing the policy from enacting. Now as 2009 has barely made an impact on the calendar, Robbinsville teachers await the final appeal.

North Carolina isn't the first state to make the news with this story—they are the latest. Several counties in Kentucky have been randomly testing teachers for sometime, and Hawaii has policies in the making. West Virginia also had policies in the works, but was stopped three days before the start date by the federal district court.

There are very few counties that have a law like this in practice, and private-independent schools that have policies like this are just as limited. As a risk management tool, it can be useful ensuring that drug-influenced candidates/employees do not put existing employees and students at a risk of physical danger. However, consult with your school attorney before implementing any sort of drug and alcohol testing policy.

For more information on Federal Employement and Benefit Laws click here.

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