The American Federation of Teachers says Kanawha County's drug testing policy violates the constitution.

Rosemary Jenkins, the Kanawha A-F-T Representative, says, "The Constitution guarantees a privacy and we feel this is a violation of employees' privacy."

After the Kanawha County Board of Education voted last month to enact random drug testing for school employees, AFT members say they had no choice but to file a lawsuit.

Jenkins says, "We filed the lawsuit but we also asked for an injunctive, a preliminary injunctive relief, meaning we will try to stop the action."

An AFT rep served the papers to Kanawha County Shools, General Counsel, Jim Withrow. He says the suit is not a surprise.

"We were expecting a challenge to this and we're prepared to defend it." says Withrow.

Withrow says the tests are necessary to give parents and students peace of mind.

"It's important that the public have confidence that when they send their children to school everyday, 28,500 students in our schools, that they're safe." says Withrow.

Jenkins says the union supports drug testing, just not at random. And if it is done, the county may lose employees.

"We've already had teachers say they were going to refuse, which in the policy says you can be terminated for refusal." says Jenkins.

This case's hearing will be held in Judge King's courtroom in Kanawha County at a later date.