by Patrick Walsh

The June 30 deadline to implement the drug testing procedures required under the current HSTA contract has passed without action by the BoE. Recently, in a flurry of BOE meetings, it became apparent that the focus on safety of the children and adults in our school system takes a back seat.

DoE Superintendent Patricia Hamamoto and several members of the BoE claimed the DoE did not have funds to cover the expense of drug testing estimated between $135,000-$500,000. But at the February 21 board meeting, Georgina Kawamura, State Director of Finance informed the BoE there are federal tax monies in an account already set aside for funding the drug testing program.

The HSTA is not the only union whose membership has agreed to testing. At the May 1 BoE meeting, Dayton Nakanelua, United Public Workers State Director insisted that the BoE must implement a drug testing requirement in the DoE-UPW contract. UPW represents various non-instructional DoE employees, including drivers for whom drug testing is required under federal rules. Apparently members of the Board of Education (BoE) do not want drug testing done on any adults who work with school children.

According to the minutes: “Mr. Nakanelua stated that UPW reviewed the agreement and views the program as being humane, for members who may be affected by alcohol or drug problems. UPW feels it is imperative to provide its members with professional assistance to improve employees’ work lives. UPW’s goal has been to provide their members with a safe and healthy work place. Mr. Nakanelua believes this is a major step toward achieving that objective. He encouraged the Board to adopt implementation of the alcohol and drug testing program….” In contrast, leaders of the teachers’ union have quietly smiled as the ACLU and BoE work to undo the drug testing provision in the June 25, 2007 contract approved by their rank and file by a nearly 2-1 margin.

In an attempt to stop the BoE from implementing the teachers drug testing Graham Boyd, National Director of the ACLU Drug Law Reform Project, flew in for a January 24 BoE meeting and effectively made a deal with the BOE. The deal has two parts:

1. If the drug testing policy is implemented the ACLU will sue the BOE.

2. If the BOE is sued for not implementing the drug testing policy the ACLU will provide free attorneys to defend the BOE

At that meeting, the BoE voted 0-8 to refuse to implement the drug testing provisions of the HSTA contract. Only John Pennebacker spoke in favor of testing, but in the end voted no knowing that his vote would make it unanimous and according to the minutes, “so that the Board will be able to reconsider approving funding of the alcohol and drug testing program at a later time.”

The ACLU may soon be challenged to put its money where its mouth is. In a July 1 statement, State labor Negotiator Marie Laderta responded to the BoE failure saying: “Despite consistent verbal assurances by Department of Education that random drug and alcohol testing would move forward as agreed, we now find out at the end of business on the deadline date of June 30, 2008, implementation has not occurred. Accordingly, we are prepared to immediately seek all appropriate remedies at our disposal.”

Why is the BoE making deals with outsiders from the American Civil Liberties Union instead of representing the interest of the people of Hawaii? Why go so far as to resort to strong-arm techniques and intimidation? What do they have to hide? What civil liberties are they losing? What about the right of our children to have a drug free teacher, competent and focused on their success? What about the obligation to uphold a duly negotiated and approved union contract?

We expect bus drivers, heavy machine operators, and countless other public workers to be drug tested and sober for their and the publics general safety. The public expects the same from the educators sculpting the minds of Hawai`i’s future? Why then, does the BoE feel above these societal expectations? It would be so much better for our public school system if they would refocus their efforts on the job at hand: Providing education in a proven safe and focused environment, conductive to student discovery. As a member of the School Board I will push to enforce the HSTA contract drug testing provisions.

Patrick Walsh is a candidate for the Big Island BoE seat elected by residents of Hawai`i, Maui and Kaua`i Counties. Website: www.Walsh4Hawaii.com