Instead, school board members relied on the fear of "what's the worst that could happen, might happen," when they agreed Oct. 15 to randomly drug test more than 45 types of employees, Goodwin said at the time.

"We have had employees involved in drug usage," Carper said. "I don't have to guess it; I know about it."

On Nov. 26, lawyers for the American Federation of Teachers-West Virginia sued the school board in Kanawha Circuit Court. The West Virginia Education Association later intervened in the case. Last month, the lawsuit was moved to federal court at the school board's request.

Goodwin had said the evidence he was presented did not convince him that numerous school positions - including teachers, cabinetmakers, locksmiths and plumbers - should be considered "safety sensitive."

In 1990, the state Supreme Court ruled that only workers in such jobs could be subjected to random drug tests in private business.

In October, school board members had approved random drug tests 4-1, with only Robin Rector voting against it. Some other employees they labeled safety-sensitive included Superintendent Ron Duerring and other top county administrators, principals, coaches, counselors, custodians, electricians and maintenance staff.

School board members Pete Thaw, Becky Jordon, Jim Crawford and Bill Raglin voted for the drug testing policy.

"We certainly appreciate them joining us and the fight certainly is going on," Thaw said of Metro 911. "The [school] board is going to meet with our attorneys and go over a general strategy before the next hearing.

"The people can be assured we are proceeding with this as far as we can go. We don't take it lightly."

Reach Davin White at davinwh...@wvgazette.com or 348-1254.

Kanawha Commission President Kent Carper knows there are differences between the existing Metro 911 policy and the Kanawha County schools policy, which is on hold until a legal battle works through the courts.

"Each agency ...has different policies. But ours isn't proposed. Ours is in effect right this minute," Carper said. "At the end of the day, the final ruling will affect our policy."

When asked if a federal judge might find that random drug tests for teachers are different than for emergency dispatchers, Carper said the issue goes beyond just those employees.

Metro 911 officials drug test receptionists, computer technicians and all of its other employees, Carper said. Last month, at Carper's request, the Metro 911 governing board voted to intervene in the case.  

What if, for instance, "there's been junk put into the [computer] system?" he asked.

"I think it's really, really important that when you call 911 we show up," he said, and added that the weakest link could cause a breakdown in emergency response.

Also, pending the outcome of the federal court case, Kanawha's courthouse officials will talk about whether to suspend drug testing at Thursday's regular meeting of the Kanawha County Commission.

On Dec. 29, Chief U.S. District Judge Joseph R. Goodwin granted a temporary injunction to block the Kanawha County school system from randomly drug testing teachers and most other employees starting Jan. 1.

Goodwin found no evidence of a pervasive drug problem in Kanawha County schools and said school officials had not provided information - either locally or nationally - that school employees who used drugs have endangered children at school.

Instead, school board members relied on the fear of "what's the worst that could happen, might happen," when they agreed Oct. 15 to randomly drug test more than 45 types of employees, Goodwin said at the time.

"We have had employees involved in drug usage," Carper said. "I don't have to guess it; I know about it."

On Nov. 26, lawyers for the American Federation of Teachers-West Virginia sued the school board in Kanawha Circuit Court. The West Virginia Education Association later intervened in the case. Last month, the lawsuit was moved to federal court at the school board's request.

Goodwin had said the evidence he was presented did not convince him that numerous school positions - including teachers, cabinetmakers, locksmiths and plumbers - should be considered "safety sensitive."

In 1990, the state Supreme Court ruled that only workers in such jobs could be subjected to random drug tests in private business.

In October, school board members had approved random drug tests 4-1, with only Robin Rector voting against it. Some other employees they labeled safety-sensitive included Superintendent Ron Duerring and other top county administrators, principals, coaches, counselors, custodians, electricians and maintenance staff.

School board members Pete Thaw, Becky Jordon, Jim Crawford and Bill Raglin voted for the drug testing policy.

"We certainly appreciate them joining us and the fight certainly is going on," Thaw said of Metro 911. "The [school] board is going to meet with our attorneys and go over a general strategy before the next hearing.

"The people can be assured we are proceeding with this as far as we can go. We don't take it lightly."

Reach Davin White at davinwh...@wvgazette.com or 348-1254.