cannabisnews.com: Tulia ISD To Fight Drug-Test Ruling 





Tulia ISD To Fight Drug-Test Ruling 
Posted by FoM on December 06, 2000 at 10:05:33 PT
By Linda Kane, Avalanche-Journal 
Source: Avalanche-Journal
The Tulia school district intends to appeal a decision by an Amarillo judge who ruled that the district's student drug-testing policy is unconstitutional.Six of the school board's seven members attended an early morning meeting Tuesday and voted unanimously to appeal the decision by U.S. District Judge Mary Lou Robinson to the 5th U.S. Circuit Court of Appeals, said Supt. Mike Vinyard.
Hollister Gardner was a student at Tulia High School when he sued the school district for implementing a random drug-testing policy in January 1997. The tests apply to students in grades 7-12 who wish to participate in extracurricular activities.Robinson ruled last week in favor of Gardner, who had claimed the random testing violated the Fourth Amendment, which protects against unreasonable searches and seizures.Robinson's ruling, filed in U.S. District Court in Amarillo, states, ''This court concludes that the mandatory random, suspicionless drug-testing program for all students participating in extracurricular activities at Tulia I.S.D. is violative of the Fourth Amendment.''Gardner, now 21 and a senior at Angelo State University in San Angelo, could not be reached for comment Tuesday. He said last week that he doesn't believe Robinson's ruling will be overturned in the appeals process.''We've won the court case in the constitutional sense,'' he said. ''They're not going to be able to drug test anymore.''The school district postponed a drug screening it had planned for later this week, Vinyard said Tuesday.''I'm pleased that they decided to appeal the case,'' he said of the school board. ''I've had a number of parents express to me their hope that we would appeal the case and keep the program going.''At last count, the drug-testing program included 645 students, he said, or about 91 percent of the eligible student body.The district is seeing fewer positive drug tests each year, Vinyard said.''The percentage is decreasing, and that shows me the program is having its desired effect,'' he said.The drug screenings do not test for alcohol or tobacco, Vinyard said. The screenings test for 10 other drugs, including marijuana, methamphetamine and cocaine, he said.Students who test positive can either submit to weekly drug screenings and counseling or take a suspension from extracurricular activities for a semester. A second-time offense results in a suspension from extracurricular activities for the remainder of the school year, Vinyard said.A third-time offense results in suspension from extracurricular activities for the remainder of the current year and the next school year, counseling and additional drug screenings, Vinyard said.He said one student has tested positive three times.Gardner's father, Gary, was a school board member when his son contested the drug-testing policy. Gary Gardner was the only school board member who did not vote for the policy.Hollister Gardner's aunt and uncle also filed suit against the school district on behalf of their two children, Molly, now a senior, and Colby, now a sophomore. Their claims were included in Friday's ruling.Robinson ruled that the school board acted in good faith when implementing the policy.''Finally, the court finds that each of the school board members acted in good faith and did not act from corrupt motives in adopting the drug-testing program,'' the ruling said.A similar case is pending in nearby Lockney, where one parent has filed suit against the school district for randomly drug testing students.Linda Kane can be contacted at 766-8754 or lkane lubbockonline.comSource: Lubbock Avalanche-Journal (TX)Author: Linda Kane, Avalanche-Journal Published: Wednesday, December 6, 2000 Copyright: 2000 The Lubbock Avalanche-JournalContact: ajnews lubbockonline.comWebsite: http://www.lubbockonline.com/Forum: http://chat.lubbockonline.com:90/eshare/Feedback: http://www.lubbockonline.com/interactive/edit.shtmlRelated Articles:Editorial: Appeal Testing Casehttp://cannabisnews.com/news/thread7894.shtmlTulia School Board Eyes Possible Appeal http://cannabisnews.com/news/thread7877.shtmlTulia School Loses Fight on Drug Testing http://cannabisnews.com/news/thread7871.shtmlJudge Allows Student Challenging Drug Testing http://cannabisnews.com/news/2/thread2378.shtmlCannabisNews Drug Testing Archiveshttp://cannabisnews.com/news/list/drug_testing.shtml 
Home Comment Email Register Recent Comments Help




Comment #2 posted by freedom fighter on December 06, 2000 at 11:58:47 PT
Kids drinking and smoking and chewing the tabbo!
The drug screenings do not test for alcohol or tobacco, Vinyard said. The screenings test for 10 other drugs, including marijuana, methamphetamine and cocaine, he said.
[ Post Comment ]

Comment #1 posted by Ethan Russo, MD on December 06, 2000 at 10:47:29 PT:
Let the hypocrites waste their money
''The percentage is decreasing, and that shows me the program is having its desired effect,'' he said.Great. Now they can feel good that the scourge or illicit drug use has been vanquished, while that of the legal alcohol and tobacco (that might actually claim the lives of their dear irresponsible children) continues unmonitored. All they are teaching is alienation and disrespect for the law. Some lesson.
[ Post Comment ]

Post Comment


Name: Optional Password: 
E-Mail: 
Subject: 
Comment: [Please refrain from using profanity in your message]
Link URL: 
Link Title: