Schools
School Board Solicitor Advises Caution on Drug Testing Policy
The Saucon Valley School Board plans to revisit student and employee drug testing issues in the future.
Saucon Valley School Board solicitor Mark Fitzgerald provided the board with answers to legal questions about at the March 13 meeting.
In regards to a suspicion-less (random) student drug testing policy, Fitzgerald said there has been conflicting case law.
He told the board that a school district was recently sued by the American Civil Liberties Union (ACLU) after adopting a suspicion-less student drug testing policy. The policy was found to be unconstitutional under state law, and Fitzgerald said the lawsuit related to it is ongoing.
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He advised the board to wait to see what happens with the lawsuit and revisit the topic at that time.
“Suspicion-less drug testing is OK if the district can prove students’ drug use is at a heightened level,” Fitzgerald said.
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However, the district that is being sued was unable to prove this was the case in their district.
As for district employees and new hires, Fitzgerald said it would also be difficult--although not impossible--to put a drug testing policy in place.
For current employees, the district would have to go through negotiations with the employees' union to implement a policy.
“If we wanted such a policy, it would have to be tightly connected to a need,” Fitzgerald said.
School board member Susan Baxter asked why so many outside companies are able to drug test newly hired and current staff without problems.
Fitzgerald explained that there is heightened protection from drug testing for public employees.
Board member Ed Inghrim, who first introduced the idea of student drug testing last month, said although he has been , he still feels drug testing is a good idea.
“According to the government of the state of Pennsylvania, more people die from drug overdoses than auto accidents,” Inghrim said. “It is a fact that drug use in the U.S. is a problem.”
He said he has been contacted by residents who are concerned for their safety and the safety of their children.
The topic will be revisited at a future school board meeting.
