WLV Schools takes questions on proposed drug testing
During a special meeting of the Board of Education on Wednesday, West Las Vegas Schools discussed enacting policies that would require drug testing of staff members and students.
Board member Ambrosio Castellano began the discussion by stressing his desire to formulate a policy that would require new employees to be tested for drug use as a condition of employment.
“I think if anything, we consider at least creating a policy that would require drug testing to be part of the hiring process, and then be continued as part of your contract,” Castellano said. “We’ve said it’s a drug-free campus since I can remember, but we really haven’t had anything in place to ensure this is a drug-free campus.”
For much of the meeting, the board heard from the district’s legal counsel, Geno Zamora, who advised that governmental employees have several protections under case law.
According to Zamora, the board operates under the New Mexico School Boards Association policy service, which provides policy guidelines the board can choose to adopt, amend, or revise as it sees fit. Zamora addressed two key NMSBA policies. The first, known as the Alcohol and Drug Testing for Safety Sensitive Positions, applies to employees such as bus drivers or anyone driving a vehicle owned by the district. The second policy addressed, the Drug Use in School Activities policy, applies to students taking part in school activities, such as athletics.
“There are limitations on what you can enforce upon employees,” Zamora said. “That’s why the service policy is limited to safety sensitive positions.”
When it comes to employees operating district-owned vehicles, the district is already allowed to drug test an employee involved in an accident, but Zamora explained case law likely prevents the district from drug testing employees who are not in safety-sensitive positions.
According to Zamora, case law suggests that an employee’s use of drugs in their spare time is not related to their performing their duties at work. Therefore, if an employee were to take drugs or drink alcohol on a weekend, the district likely could not use that as a reason to fire that person later in the week.
The situation is similar for students, with an exception. Zamora said students have a right to an education, whereas student activities are a privilege, not a right. Therefore, if the district were to suspend or expel a student who failed a drug test after using drugs on the weekend — but not during the school day — the district could get into legal trouble for taking away that student’s right to an education. However, a student engaged in an activity — be it as a player on a sports team or a member of student government — could legally be barred from partaking in that activity, since it is a privilege.
Zamora also said that because current policy relates to all school activities, if the district were to implement drug testing for athletes, it would need to test students involved in all school activities as well.
During public comment, one attendee asked Zamora if requiring drug tests for employees who are union members would need to be discussed with the union as part of its collective bargaining agreement.
“There may be portions of the employee rights policy that would need to be bargained,” Zamora said.
“Without saying which parts or how much, it is possible that portions of this may be termed Terms and Conditions of Employment, which under the Public Employee Bargaining Act need to be negotiated. But it also depends on the current terms of the (collective bargaining agreement).”
The Alcohol and Drug Testing for Safety Sensitive Positions policy and the Drug Use in School Activities policy led the board to realize it has not adopted these two polices. The board agreed to investigate the matter further and vote on adopting both policies at an upcoming meeting.
No decisions, consensus or conclusions were discussed at Wednesday’s meeting.
The WLV board is scheduled to hold its regular meeting at 6 p.m, Thursday, Aug. 9.
