LITTLE ROCK, Ark. (KTHV) - Drug testing for teachers: what are the rules in Arkansas? Today's THV takes a closer look at this issue after Thursday's arrest of a Maumelle high school teacher and coach busted for drugs, including meth.
We found out overall that drug tests are not required during the hiring process for teachers, even though they may be for many of us in the corporate world. A few districts in Central Arkansas do have provisions down the road in a teacher's employment for some testing. And there's one group of non-certified staff who must do random testing year-round.
On Thursday night, our cameras rolling, as a Maumelle high school teacher heads to jail on drug charges. Brittany Burns taught physical education and coached girls basketball, and didn't have to take a drug test when she started working here.
"The school district cannot randomly or as a condition of employment just blanket drug test everyone," Kristen Gould said.
Kristin Gould, Staff Attorney for the Arkansas School Boards Association, says teachers in Arkansas get a free pass on a drug test at hiring, dictated by the 4th Amendment in U.S. Constitution.
"Citizens shall be protected by unreasonable search and seizures by the government, a drug test is a search and the school district is the form of the government," Gould said.
She says this means no random drug testing either for teachers but still for those operating school vehicles, like bus drivers.
"Bus drivers, like big-rig drivers, are drug tested just exactly the same way," Gould said.
Some districts, like Little Rock Public Schools have testing policies under certain conditions, teachers included.
"Any employee can be tested based on reasonable suspicion at anytime," Tiffany Hoffman said.
District Spokeswoman Tiffany Hoffman says that can mean suspicion of drugs and alcohol, and they urge employees to be on the lookout.
"Sometimes that may be, you have to turn your friend in," Gould said.
It's triggering a test and hopefully avoiding a ride like Burns had Thursday night.
We also found out there's a provision in the teacher's contract with the Pulaski County Special School District. And that allows the district to ask all employees to visit their occupational physician for a check-up when they show up to work and can't do their job appropriately. We are told that can include things like frequent tardiness, slurred speech and smelling like alcohol.
While districts don't do teacher drug testing at hiring, they all do extensive background checks covering everything from drugs to child abuse. And finger print checks include state and federal reviews.