ACLU Announces Legal Challenge to First-Ever Random Drug Testing Policy for Public School Educators (9/14/2007)
Blanket Drug Testing Policy Is Unconstitutional, Ineffective and
Short-Sighted, Says ACLU HONOLULU -- The American Civil Liberties Union is convening a
series of local events to announce its legal challenge to a state policy that will randomly drug test
many public school employees, including teachers, librarians and many administrative workers. Saying that
the drug testing program violates adults’ constitutional right to privacy, is ineffective and costly, the
ACLU is currently seeking Hawaii public school employees to participate in a lawsuit against the State that will
soon be filed in federal court.
"The Constitution does not allow us to put a price tag on our
right to privacy, and we look forward to representing Hawaii educators who are willing to stand up for
their constitutional rights, " said Lois Perrin, Legal Director of the ACLU of Hawaii. "Our education system is
failing students by resorting to dragnet searches that do little to protect anyone while violating the
rights of everyone."
During the 2006-07 school year, as the State of Hawaii and Bargaining Unit 5 of the Hawaii State Teachers Association (HSTA) were in contentious contract negotiations, the
State demanded that HSTA institute a random drug testing policy for many public education employees in
exchange for a wage increase. Following a brief but heated deliberation, the deal was approved by a slight
majority. This policy is the first of its kind in the United States.
"Hawaii now has the dubious distinction of being the first state
ever to subject its teachers to a blanket policy of random drug testing," said Graham Boyd,
director of the ACLU Drug Law Reform Project, a division of the national ACLU. Boyd is an expert on the constitutional
implications of random drug testing policies and has litigated a number of cases nationwide against such policies,
including a 2004 U.S. Supreme Court case challenging the random drug testing of students participating in
competitive extracurricular activities. "I look forward to joining the ACLU of Hawaii and local teachers who agree
that this policy conveys the wrong civics lesson to our students and to the nation."
Boyd and Perrin will begin touring the state on September 27,
along with another national ACLU attorney, Carlie Ware, to meet with
Bargaining Unit 5 public education employees (or individuals subject to the terms of its collective bargaining agreement) as possible
plaintiffs in the lawsuit.. Interested persons can call toll free (888) 9-JoinUs, email teachersjoinus@aclu.org or visit www.aclu.org/TeachersJoinUs.
Boyd will make a formal presentation, "What Kind of Lessons Are
Our Schools Teaching?" at the following locations. RSVPs can be made by calling (808)522-5906. Event
details are also available at: www.aclu.org/TeachersJoinUs.
The event schedule is as follows:
Maui: Thurs. 9/27, 5:30PM to 7:00PM at Maui Community College,
Library Conference Room, bottom floor
Hilo: Friday 9/28, 5:30PM to 7:00PM at UH Hilo, Campus Center
301
Kona: Saturday 9/29, 5:30PM to 7:00PM at King Kamehameha’s Kona
Beach Hotel, Islander Room
Kauai: Monday 10/1, 5:30PM to 7:00PM at Kauai Community College,
Cafeteria
Oahu: Tuesday 10/2, 5:30PM to 7:00PM at the UH Manoa Main Art
Auditorium, ground floor
Oahu: Wednesday 10/3, 5:30PM to 7:00PM at UH West Oahu, (room
TBA)
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