New Kanawha County school board member Robin Rector apparently backed off a campaign stance Thursday, saying it would cost too much money to involve the school system in a test court case for random drug testing.
CHARLESTON, W.Va. - New Kanawha County school board member Robin Rector apparently backed off a campaign stance Thursday, saying it would cost too much money to involve the school system in a test court case for random drug testing.
Rector said Thursday she wants to wait on the outcome of other legal battles, like one pending in Graham County, N.C., before she would vote in favor of random drug testing.
"Is it the right way to use the money? It just doesn't seem to me it is," she said.
Still, board members voted unanimously at a meeting Thursday to advance a hard-line drug testing policy. It will be placed on public comment for 30 days beginning Aug. 21.
They also agreed, in a 4-1 vote, to go back to court to determine whether they must continue to pay one-third of the Kanawha County Public Library's annual budget. Board member Jim Crawford disagreed.
Liking his new odds, board member Pete Thaw proposed the two votes shortly after Rector defeated incumbent Barbara Welch May 13 in the primary election.
For more than a year, Thaw tried unsuccessfully to pass random drug tests for teachers, principals, coaches, administrators, school board members and nearly all other school employees.
Crawford said Rector "flip-flopped" from her campaign position, and pointed out that both Thaw and Rector publicly said during the heated campaign they favored random drug tests but have since changed their minds.
"Don't say 'they!'" Thaw shot back.
"I will fight for drug testing forever," he said later. "I'll never stop."
The proposed drug testing policy would allow random tests in addition to those given when drug use is suspected, after vehicle accidents or as a condition for employment.
Courts have found that random drug testing is acceptable for workers in "safety-sensitive" positions - which usually refers to school bus drivers or those who operate machinery. School board general counsel Jim Withrow said the heart of the legal argument is whether teachers, principals, coaches, aides and others are also safety-sensitive.
Rector said her campaign position was misunderstood. She said earlier this week that she wanted the current drug policy to be "more inclusive" and test more teachers, principals and other employees, but said Thursday that doesn't mean she supports random drug testing.
"I could support random drug testing ... when it met the legal rigors and when those involved that will be affected have helped craft it," Rector said. "I said that time and time again. I think [Crawford] heard the first part and not the second."
Rector said Thursday she doesn't want Kanawha County to take the lead in a court battle, which might sap funds from other county services.
CHARLESTON, W.Va. - New Kanawha County school board member Robin Rector apparently backed off a campaign stance Thursday, saying it would cost too much money to involve the school system in a test court case for random drug testing.
Rector said Thursday she wants to wait on the outcome of other legal battles, like one pending in Graham County, N.C., before she would vote in favor of random drug testing.
"Is it the right way to use the money? It just doesn't seem to me it is," she said.
Still, board members voted unanimously at a meeting Thursday to advance a hard-line drug testing policy. It will be placed on public comment for 30 days beginning Aug. 21.
They also agreed, in a 4-1 vote, to go back to court to determine whether they must continue to pay one-third of the Kanawha County Public Library's annual budget. Board member Jim Crawford disagreed.
Liking his new odds, board member Pete Thaw proposed the two votes shortly after Rector defeated incumbent Barbara Welch May 13 in the primary election.
For more than a year, Thaw tried unsuccessfully to pass random drug tests for teachers, principals, coaches, administrators, school board members and nearly all other school employees.
Crawford said Rector "flip-flopped" from her campaign position, and pointed out that both Thaw and Rector publicly said during the heated campaign they favored random drug tests but have since changed their minds.
"Don't say 'they!'" Thaw shot back.
"I will fight for drug testing forever," he said later. "I'll never stop."
The proposed drug testing policy would allow random tests in addition to those given when drug use is suspected, after vehicle accidents or as a condition for employment.
Courts have found that random drug testing is acceptable for workers in "safety-sensitive" positions - which usually refers to school bus drivers or those who operate machinery. School board general counsel Jim Withrow said the heart of the legal argument is whether teachers, principals, coaches, aides and others are also safety-sensitive.
Rector said her campaign position was misunderstood. She said earlier this week that she wanted the current drug policy to be "more inclusive" and test more teachers, principals and other employees, but said Thursday that doesn't mean she supports random drug testing.
"I could support random drug testing ... when it met the legal rigors and when those involved that will be affected have helped craft it," Rector said. "I said that time and time again. I think [Crawford] heard the first part and not the second."
Rector said Thursday she doesn't want Kanawha County to take the lead in a court battle, which might sap funds from other county services.
"I have looked nationwide at what other school systems are doing," she said. "This is a time for us to be a learner rather than a leader. ... [The benefit] just doesn't seem to outweigh the risks right now."
Representatives for two local teachers' unions spoke out against the drug policy this week, and said money for drug tests could be better spent on teacher training, employee health benefits and dropout prevention.
"Our union thinks that such a policy is unnecessary and would not withstand a legal challenge," said Fred Albert, president of the American Federation of Teachers-Kanawha County.
Thaw and both local teachers' unions - including the Kanawha County Education Association - backed Rector's campaign. Rector has said she won't always agree with Thaw or the unions, and said Thursday that no one influenced her position.
Crawford and board member Bill Raglin said they want to hear what the public has to say about the proposed drug testing policy. Comments can be posted on the school board's Web site.
Crawford said that more than 90 percent of the people he's talked to in the community support random drug tests.
Thaw said he'd be disappointed if he lost Rector's vote, but would be happy with any third vote.
Also Monday, Raglin and Thaw pushed for a return to court over the library funding issue. Crawford, who said in recent months that he believes the inequity issue has been fixed, voted against going back to court.
Raglin and Thaw argue that state lawmakers did not correct a funding inequity that the state Supreme Court of Appeals told them to fix.
Alan Engelbert, executive director of the Kanawha County Public Library, said this week the Legislature has done its best to address the issue.
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.
Raglin, Thaw and other Kanawha school officials say changes the Legislature made over the past two years 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.
Thaw expects the renewed court case will begin in Kanawha Circuit Court and end up in the state Supreme Court.
Reach Davin White at davinwh...@wvgazette.com or 348-1254.
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And the school board putting a price on childrens safety, by saying it costs too much to test, is absolutely ridiculous, every one on the school board should resign for the good of the students.
And to 'Justice', what is this "My children's privacy is invaded each school day by the educators"? IT'S SCHOOL!That makes no sense! No wonder students sass & disrespect teachers. The chip on the shoulder doesn't fall far!