Drug-testing could help protect students, DOE employees
THE ISSUE
Arrests of custodians and teachers have spurred legislation to establish testing of public school workers.
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RECENT arrests of public school employees on drug-related charges have
prompted legislation calling for testing Department of Education workers for substance abuse.
As long as appropriate and clear procedures are put in place to protect the rights of employees, there should be no objections to testing. Schoolchildren and other workers would benefit. Those who are found to be abusing illegal drugs would benefit as well since treatment and counseling are part of the proposal.
The bill, which was scheduled for a hearing in the House Judiciary Committee today, comes in response to six drug-related arrests of DOE employees during the past six months.
The most recent was on Friday when two custodians were taken into custody on allegations of promoting and possession of crystal methamphetamine, commonly known as "ice." The other arrests involved teachers whose direct contact with students is more alarming to parents, although any illegal drug use on school campuses puts children, teenagers and other workers at risk.
The program for drug-testing would apply to all department employees, including those who work in the library system. Testing would be triggered when there is "reasonable suspicion" to believe a person is abusing drugs.
The problem would be establishing what constitutes "reasonable suspicion." As Maui Rep. Joe Bertram, who opposes the bill, points out, visible signs, such as red eyes, could indicate marijuana use but also could be the result of unrelated physical disorders. Moreover, abuse of some drugs might not produce identifiable symptoms.
The bill would require DOE supervisors to be trained to look for indications, but whether supervisors would be willing to report what they see is another question. And even if testing clears an employee of drug abuse, the accusation alone carries a stigma.
If the program is to be effective, strict rules about reporting, employee and parental notification, confidentiality, an appeals process, penalties and treatment must be established.
The Hawaii State Teachers Association says the union's contract proposal, now being negotiated, contains language for a drug-testing program that would "achieve the same ends" as those in the bill, and argues that the measure should be held up. However, the union should not object to the basic purpose of the legislation, which is to safeguard children, its members and others in a school's community.
