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Press Releases
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Teacher Drug Testing Policies Declared Unconstitutional In North Carolina, Louisiana (06/04/2009) HONOLULU – The ACLU of Hawaii today announced two more cases in which courts have ordered an end to suspicionless drug testing of teachers. On Tuesday, a North Carolina appellate court struck down a program that subjected all school employees to random drug tests; last Friday, a federal court in Louisiana issued a consent decree ending a policy that required any teacher who suffered an injury on the job to submit to a drug test – even if that "injury" resulted from being punched by a student.
Unconstitutional Teacher Drug Testing Policy Brought To Halt In Baton Rouge (05/29/2009) BATON ROUGE, LA – A consent decree was filed today in a lawsuit brought by the East Baton Rouge Federation of Teachers and the American Civil Liberties Union challenging the unconstitutional drug testing of teachers without reasonable suspicion. The decree, which was signed by a federal court, the Federation of Teachers, and the East Baton Rouge Parish School Board, brings an end to a policy that subjected any teacher who suffers an injury on the job to a drug test absent any suspicion of drug use.
Second Federal Court In Two Weeks Halts Suspicionless Drug Testing of Teachers (01/15/2009) BATON ROUGE, LA – A federal court in Louisiana halted an unconstitutional teacher drug testing policy today. The policy, instituted by the East Baton Rouge Parish School Board, subjected any teacher who suffers an injury while on the job to a drug test without any suspicion of drug use. The American Civil Liberties Union and the East Baton Rouge Federation of Teachers filed a lawsuit last month seeking an immediate halt to the policy in order to protect teachers’ constitutional right to be free from unreasonable searches.
Federal Court Delivers Thorough Rejection of Random Teacher Drug Testing in West Virginia (01/08/2009) CHARLESTON, WV – A federal court in West Virginia today issued a written order halting the proposed random, suspicionless drug testing of nearly all Kanawha County public school employees. The order provides a thorough rationale for last week’s verbal ruling to block the controversial program and comes in response to a lawsuit brought by the American Civil Liberties Union in partnership with the West Virginia Education Association, which argues that drug testing without cause violates public servants’ constitutional right to privacy.
ACLU Joins Louisiana Teachers in Effort to Halt Unconstitutional Drug Testing (12/22/2008) BATON ROUGE, LA – The American Civil Liberties Union and the East Baton Rouge Federation of Teachers sought a federal court order today to suspend an unconstitutional teacher drug testing policy instituted by the East Baton Rouge Parish School Board. The policy subjects any teacher who suffers an injury while on the job to a drug test without any suspicion of drug use. The East Baton Rouge Federation of Teachers, a local affiliate of the Louisiana Federation of Teachers and the national American Federation of Teachers that represents over 1,600 local members, and the ACLU are seeking an immediate halt to the policy in order to protect teachers' constitutional right to privacy.
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Drug Policy
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Drug Testing
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Publications
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Making Sense of Student Drug Testing: Why Educators Are Saying No (01/12/2006) The experts agree, and the evidence is clear! Random drug testing does not reduce drug use among young people. Spending millions on testing students' urine will only destroy relationships between youth and adults. The second edition of this booklet demonstrates the key flaws in random student drug testing and outlines promising alternatives to the invasive and expensive practice.
Drug Testing in Schools: Policies, Practices, and Association with Student Drug Use (08/06/2004) Authored by Ryoko Yamguchi, Lloyd D. Johnston, and Patrick M. O'Malley, this report from the YES Occasional Papers series presents updated findings of the largest study ever of the effectiveness of student drug testing policies and concludes that student drug testing is ineffective.
Drug Testing: A Bad Investment (09/01/1999) An in-depth ACLU report providing a critical examination of the excessive cost and dubious efficacy of workplace drug testing.
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Drug Policy
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Drug Testing
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Legal Documents
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East Baton Rouge Federation of Teachers v. East Baton Rouge Parish School Board - Consent Decree (05/29/2009) A consent decree filed in a lawsuit brought by the East Baton Rouge Federation of Teachers and the American Civil Liberties Union challenging the unconstitutional drug testing of teachers without reasonable suspicion. The decree, which was signed by a federal court, the Federation of Teachers, and the East Baton Rouge Parish School Board, brings an end to a policy that subjected any teacher who suffers an injury on the job to a drug test absent any suspicion of drug use.
East Baton Rouge Federation of Teachers v. East Baton Rouge Parish School Board - Consent Preliminary Injunction (01/15/2009) An order issued by the U.S. District Court for the Middle District of Louisiana to halt an unconstitutional random teacher drug testing policy. The order was issued after the parties reached agreement that the drug-testing would halt pending final resolution of the case.
WVEA v. Kanawha County - Court Order Blocking Random Teacher Drug Testing (01/08/2009) An order from the U.S. District Court for the Southern District of West Virginia that halts the proposed random drug testing of nearly all Kanawha County public school employees. The ruling provides the most thorough examination of the issue to date by our nation's courts.
East Baton Rouge Federation of Teachers v. East Baton Rouge Parish School Board - Memo in Support of Plaintiff's Motion for a Preliminary Injunction (12/22/2008) A motion filed by the American Civil Liberties Union and the East Baton Rouge Federation of Teachers that seeks a federal court order to suspend an unconstitutional teacher drug testing policy instituted by the East Baton Rouge Parish School Board. The policy subjects any teacher who suffers an injury while on the job to a drug test without any suspicion of drug use.
WVEA v. Kanawha County - Petition for Declaratory Judgment and Injunctive Relief (12/05/2008) A legal complaint filed by the ACLU and West Virginia Education Association that seeks to halt the proposed random, suspicionless drug testing of nearly all Kanawha County public school employees.
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Drug Policy
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Drug Testing
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Resources
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Letter from Hawaii State Teachers Association to the Hawaii Board of Education (07/17/2008) Hawaii State Teachers Association's July 17, 2008, letter to the Hawaii State Board of Education stating that random teacher drug testing is unconstitutional.
Testimony Before the HI Board of Education Opposing Random Drug Testing of UPW Workers (06/19/2008) The ACLU's written testimony prepared for the Hawaii Board of Education opposing the random drug testing of United Public Workers union members.
In Their Own Words: Hawaii's Teachers Speak Out Against Random Drug Testing (Debbie Shirai) (02/01/2008)
In Their Own Words: Hawaii's Teachers Speak Out Against Random Drug Testing (Robin Fancy) (01/24/2008) Biographical information and video testimonials from educators opposed to a plan to randomly drug test Hawaii's teachers.
In Their Own Words: Hawaii's Teachers Speak Out Against Random Drug Testing (Tony Turbeville) (01/24/2008) Biographical information and video testimonials from educators opposed to a plan to randomly drug test Hawaii's teachers.
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Drug Policy
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Drug Testing
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Fact Sheets
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Drug Testing of Public Assistance Recipients as a Condition of Eligibility (04/08/2008) An examination of the legal, fiscal and practical arguments against drug testing public assistance (welfare) recipients as a condition of eligibility.
Student Drug Testing: Relevant Case Law (10/21/2002) An index of legal decisions applicable to the issue of student drug testing.
What the Experts Say on Student Drug Testing (03/15/2002) An index of nationally renowned expert opposition to student drug testing.
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