Hawaii: Courts confront issue of tests’ constitutionality

by E Wayne Ross on February 2, 2009

Star Bulletin: Courts confront issue of tests’ constitutionality

Federal courts around the country have been split on whether drug testing of public school teachers is constitutional. In Hawaii, the state Supreme Court has yet to rule on the issue.

The U.S. Constitution’s Fourth Amendment, which prohibits “unreasonable searches and seizures,” is the basis for the constitutional challenges, but federal courts disagree whether the government has a “special interest” or legitimate basis for subjecting public employees to the tests.