Testing IconDRUG TESTING EDUCATORS
by Michael McCoy, UEA General Counsel
December 20, 2000

The purpose of this article is to encourage educators to avoid unlawful drugs. Most educators already know that they must not use unlawful drugs. That much seems axiomatic. Recently, however, educators have been terminated and lost their licenses for the use and abuse of illegal drugs. In several instances, the educator was obtaining prescription drugs from several providers without informing the provider of other prescriptions. Under Utah law, it is a criminal offense to obtain prescription drugs from multiple providers without informing each of the providers about the other prescriptions. Several educators have simply taken prescription drugs from their students. Still, others obtain prescription drugs from friends (with or without their knowledge). The fact is that in Utah, a significant portion of the population takes various prescribed medications. Even the legal use of prescription drugs can be a basis for discipline, including termination, if the drugs adversely affect your ability to perform the essential functions of your job.

The Utah Professional Practices Advisory Commission has rules which prohibit an educator from "attending school or school functions under the influence of illegal drugs or alcohol, or prescription drugs if the drug affects the educator's ability to perform regular activities."

Drugs are increasingly thought to be a serious problem in our society. Illegal drugs are a major concern. The courts are increasingly inclined to find no constitutional violation as police and school administrators fight the war on drugs. The courts have upheld:

  1. Suspicionless drug testing of public school teachers on appointment or transfer because teachers hold "safety?sanative" positions.<
  2. The termination of a career teacher for refusing to submit to a "reasonable suspicion" drug test where the principal's directive to take the drug test was based on a drugsniffing dog "alert" of the teacher's car in the school parking lot and a subsequent search of the car turned up partially smoked marijuana.
  3. The random drug testing of school custodians because they handle chemicals and use potentially dangerous tools and hold "safety sanative" positions.
  4. Random drug and alcohol tests of all students in grades 7 - 12 and excusing from participating in any extracurricular activities those students whose parent fail to consent to the tests.
  5. A superintendent's order prohibiting a high school band from performing the rock song "White Rabbit" by the Jefferson Airplane because he "reasonably" believed that the song promoted the use of illegal drugs.