Drug Testing of Teachers

The December 8, 2008 National Law Journal had an interesting article entitled Drug Testing Teachers Triggers Legal Battles (registration required). It is about recent challenges to random drug testing of teachers which have been adopted by some Boards of Education. As the article points out, the Supreme Court has upheld the drug testing of employees in safety sensitive positions-but do teachers meet that standard??
In the 1980's there were a number of challenges to the testing of teachers. My understanding is that random drug testing of teachers was generally NOT allowed. I do not see why those cases would still not be controlling.

Mitchell H. Rubinstein