CHARLESTON, W.Va. -- The American Federation of Teachers-West Virginia filed a lawsuit in Kanawha Circuit Court Wednesday morning that will pit teachers against the Kanawha school board, whose members decided last month to allow random drug tests for most of its employees.

The plaintiffs argue that a new Kanawha drug testing policy is overly broad, unconstitutional and exposes employees in the school system who are not "safety sensitive" to random drug screens.

Both sides seek a definition of who is a safety-sensitive employee, as a 1990 state Supreme Court ruling found that random drug tests in private industry applied only to those workers.

"The court needs to come out and say it," said school board member Bill Raglin.

Lawyers on both sides of the issue agree that bus drivers or chemical or nuclear power plant workers are safety sensitive because their mishap might cause serious injury or cost lives.

The plaintiffs argue in the lawsuit that "employees now identified as holding 'safety sensitive' positions are clearly not engaged in safety sensitive work."

School board members, who approved random drug tests by a 4-1 vote Oct. 15, define at least 45 types of employees as safety sensitive. Robin Rector voted against the new policy. The list includes teachers, coaches, counselors, custodians, aides, principals, Superintendent Ron Duerring and other top county administrators, and plumbers, electricians and most maintenance workers.

The plaintiffs argued that the school board has not established that all the new safety sensitive employees "have jobs that are so safety sensitive that 'a single mistake ... can create an immediate threat of serious harm to students, to [the employee], or to fellow employees.'"

Former Kanawha County Circuit Judge Herman Canady, who was recently appointed to replace retiring Judge Charles King, will likely preside over a preliminary hearing. King, however, won re-election and if he returns to the bench in January he would probably handle the case, said AFT official Rosemary Jenkins.  

Duerring, the Board of Education and Kanawha County Schools are named as defendants. The plaintiffs include AFT-WV and its president, Judy Hale; the AFL-CIO; AFT-Kanawha County President Fred Albert, and school employees Cynthia Phillips and Greg Dodd.

"One of the reasons their names will be listed as petitioners is they are strongly opposed," Jenkins said.

Dodd, a 37-year employee and a teacher at George Washington High School, said he does not use drugs and would refuse a random drug test, even if it cost him his job.

CHARLESTON, W.Va. -- The American Federation of Teachers-West Virginia filed a lawsuit in Kanawha Circuit Court Wednesday morning that will pit teachers against the Kanawha school board, whose members decided last month to allow random drug tests for most of its employees.

The plaintiffs argue that a new Kanawha drug testing policy is overly broad, unconstitutional and exposes employees in the school system who are not "safety sensitive" to random drug screens.

Both sides seek a definition of who is a safety-sensitive employee, as a 1990 state Supreme Court ruling found that random drug tests in private industry applied only to those workers.

"The court needs to come out and say it," said school board member Bill Raglin.

Lawyers on both sides of the issue agree that bus drivers or chemical or nuclear power plant workers are safety sensitive because their mishap might cause serious injury or cost lives.

The plaintiffs argue in the lawsuit that "employees now identified as holding 'safety sensitive' positions are clearly not engaged in safety sensitive work."

School board members, who approved random drug tests by a 4-1 vote Oct. 15, define at least 45 types of employees as safety sensitive. Robin Rector voted against the new policy. The list includes teachers, coaches, counselors, custodians, aides, principals, Superintendent Ron Duerring and other top county administrators, and plumbers, electricians and most maintenance workers.

The plaintiffs argued that the school board has not established that all the new safety sensitive employees "have jobs that are so safety sensitive that 'a single mistake ... can create an immediate threat of serious harm to students, to [the employee], or to fellow employees.'"

Former Kanawha County Circuit Judge Herman Canady, who was recently appointed to replace retiring Judge Charles King, will likely preside over a preliminary hearing. King, however, won re-election and if he returns to the bench in January he would probably handle the case, said AFT official Rosemary Jenkins.  

Duerring, the Board of Education and Kanawha County Schools are named as defendants. The plaintiffs include AFT-WV and its president, Judy Hale; the AFL-CIO; AFT-Kanawha County President Fred Albert, and school employees Cynthia Phillips and Greg Dodd.

"One of the reasons their names will be listed as petitioners is they are strongly opposed," Jenkins said.

Dodd, a 37-year employee and a teacher at George Washington High School, said he does not use drugs and would refuse a random drug test, even if it cost him his job.

Dodd, an AFT member, said the school board has a "vendetta against teachers."

"It just shows that they have a total and complete disregard for teachers of this county," he said.

Dodd said the school board should update the computer programs in all its schools, fix faulty heating systems and worry more about student achievement.

"The one thing that they're doing is grandstanding on an issue that isn't an issue," he said.

Dodd and others expect a costly legal battle that could drag on in the courts for years.      

Adam Wolf, staff attorney for the Drug Law Reform Project of the American Civil Liberties Union Foundation, has considered filing a second lawsuit. Wolf asked board members to reconsider their position at a meeting last week.

"Random teacher drug testing is ineffective, unconstitutional and nearly unprecedented," Wolf said. "While we wish that the board had reconsidered this policy, the teachers look forward to having their day in court."

Raglin said he would not be satisfied with an unsuccessful ruling in Kanawha Circuit Court, and would favor an appeal to the state Supreme Court.

"This matter's of too high import to be resolved at the local level. Certainly the AFT wouldn't accept it, so why should we?" Raglin said.

School board general counsel Jim Withrow said the board would retain law firm Steptoe and Johnson, and he has contacted Carolyn Wade, a Clarksburg attorney and employment law specialist.

Withrow imagines those West Virginia employers with drug-testing programs might agree with the school board's fight, and file friend of the court briefs.

"This issue is bigger than just the parties involved here," he said.

Reach Davin White at davinwh...@wvgazette.com or 348-1254.