Kanawha school board member believes he has votes for drug testing, library lawsuit
CHARLESTON, W.Va. -- The new-look Kanawha County school board will reopen two controversial issues - employee drug testing and library funding - at its meeting Thursday night.
Although many county school systems contribute to their county libraries, Kanawha is one of nine counties with special acts spelling out how they will give.
The school board tried to reintroduce the case to the Supreme Court this year, but justices said it was not an appropriate venue at the time.
"I hope the whole board will support the effort to get this resolved in court," Raglin said. "Whatever is the ruling, ultimately of the court, I'm willing to accept."
He said the library deserves public funds, but wants the courts to decide if state lawmakers took the appropriate action.
Board member Jim Crawford will not support a new court case. "I just feel like at some point it's still going to cost the taxpayers to pay it," he said.
Rector said she has weighed the pros and cons of both issues and has sought advice.
On the library, Rector said she wants to explore the board's legal options.
She has favored expanding the employee drug testing policy to include more random testing of teachers, principals, board members, the superintendent and other employees.
Rector said Monday that she wants a "more inclusive" policy that would test teachers and others, but she still is concerned about the cost and legal issues surrounding drug tests.
Thaw said a new draft of the drug testing policy makes it clear that Kanawha County Schools will abide by all state and federal laws concerning random drug testing.
He wants a stronger policy but said the county doesn't need to be the "test case" for random drug testing of public employees.
Crawford, who joined Welch and Becky Jordon in voting down some past drug testing policies, said he'd keep an open mind.
"I'm going to listen," he said.
Reach Davin White at davinwh...@wvgazette.com or 348-1254.
CHARLESTON, W.Va. -- The new-look Kanawha County school board will reopen two controversial issues - employee drug testing and library funding - at its meeting Thursday night.
Board member Pete Thaw asked for new votes on the issues shortly after challenger Robin Rector defeated incumbent Barbara Welch in the primary election May 13. Rector began her four-year term this month.
Thaw likes the new odds. "I wouldn't be fooling with it if I didn't," he said. "I wouldn't waste the time of the board and I wouldn't waste the time of the public."
Thaw has pushed for an employee drug-testing policy that tests more teachers, principals, school board members, coaches, top county administrators, aides and other employees.
He and board member Bill Raglin also want to return to Kanawha Circuit Court to contest the county's obligation to help fund the county's library. Both argue that state lawmakers did not correct a funding inequity that the state Supreme Court of Appeals told them to fix.
"They threw some money at us, but they didn't really fix the problem," said Jim Withrow, the school board's general counsel. "There's still that inequity there."
Alan Engelbert, executive director of the Kanawha County Public Library, believes the Legislature has done its best to address the issue. He recognizes that both the school and library boards have an obligation to the taxpayers.
"We'll be present at the meeting and look to hear what they have to say and we'll act accordingly," Engelbert said.
School board members first sued over the issue in 2003, saying a 1957 "special act" that requires Kanawha schools to fund the library was unfair. They argued that the state counted money dedicated to the library as part of the school board's funds, qualifying Kanawha County schools for less money under the state school aid formula.
A circuit judge ruled against the school board, but the Supreme Court overturned that decision in December 2006 and told lawmakers to fix the problem with the school aid formula. In March 2007, state lawmakers took any library-related levy funding out of school aid formula considerations.
The state determines how much money a county school board can afford to spend on education from its own local property tax collections. In March 2007, the state set that amount, called "local share," at 94 percent of a school board's expected tax collections. The state freed up more in local share this year, as it set the bar at 90 percent of a board's expected tax collections, Raglin said. As a result, state aid is now based on that 90 percent.
In counties with a library levy, such as Kanawha, the public libraries' share of tax collections now comes out of the other 10 percent.
Raglin, Thaw and other Kanawha school officials say the Legislature's solution did not fix an inequity. They say lawmakers freed more local money for all 55 counties, did not address just those that pay for libraries, and in effect, still shortchanged Kanawha County students.
Although many county school systems contribute to their county libraries, Kanawha is one of nine counties with special acts spelling out how they will give.
The school board tried to reintroduce the case to the Supreme Court this year, but justices said it was not an appropriate venue at the time.
"I hope the whole board will support the effort to get this resolved in court," Raglin said. "Whatever is the ruling, ultimately of the court, I'm willing to accept."
He said the library deserves public funds, but wants the courts to decide if state lawmakers took the appropriate action.
Board member Jim Crawford will not support a new court case. "I just feel like at some point it's still going to cost the taxpayers to pay it," he said.
Rector said she has weighed the pros and cons of both issues and has sought advice.
On the library, Rector said she wants to explore the board's legal options.
She has favored expanding the employee drug testing policy to include more random testing of teachers, principals, board members, the superintendent and other employees.
Rector said Monday that she wants a "more inclusive" policy that would test teachers and others, but she still is concerned about the cost and legal issues surrounding drug tests.
Thaw said a new draft of the drug testing policy makes it clear that Kanawha County Schools will abide by all state and federal laws concerning random drug testing.
He wants a stronger policy but said the county doesn't need to be the "test case" for random drug testing of public employees.
Crawford, who joined Welch and Becky Jordon in voting down some past drug testing policies, said he'd keep an open mind.
"I'm going to listen," he said.
Reach Davin White at davinwh...@wvgazette.com or 348-1254.
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A momentary lapse in a classroom can have devastating effects (hallucination, violent outburst, sleeping, etc...)
Do you want your son or daughter teaching druggies? CASE CLOSED
If there is some valid reason to suspect a bus driver is abusing drugs, then you can make a persuavive argument for a specified (not random) test. A momentary lapse in judgement could cause injury or death.
I can't really think of any good reason a teacher should be tested. If they aren't performing well there are other steps that can be taken.
How is it that we can preach patriotism, salute the flag, sing the anthem and heap praises on our military who are out there dying for our freedoms, and at the same time be yelling to give up those very same freedoms without a shot being fired. It's sad.
No one should be "randomly" drug tested. It is a farce. If someone is performing poorly the reason should be looked into. Otherwise, we are innocent until proven guilty"
"Posted By: freedom
I don't think anyone should have to do this unless you are in a position where safety and security is paramount (such as a bus driver)..."
So which is it "freedom"? No one should be tested...or just those evil bus drivers? Teachers are also in a position where safety and security are paramount.