Pubdate: Tue, 22 Aug 2000
Source: Indianapolis Star (IN)
Copyright: 2000 Indianapolis Newspapers Inc.
Contact:  http://www.starnews.com/
Forum: http://forum.circlecity.com/circlecity/index.html
Author: Michele McNeil Solida

COURT LIMITS SCHOOL DRUG TESTING

Students must submit to testing only if there is suspicion of use, Indiana 
appellate judges rule.

The Indiana Court of Appeals struck down random drug testing in Hoosier 
classrooms Monday, saying students can't be forced to face such tests in 
exchange for driving privileges, playing sports or taking part in 
after-school activities.

A student can be subjected to drug testing only if school officials have 
reason to believe the youth is using drugs, the court said in overturning 
the drug-testing policy of Northwestern Schools near Kokomo.

School officials saw Monday's unanimous decision as a serious blow to 
keeping students off drugs.

"This is a very damaging decision at a time when we're charging school 
officials with greater responsibility for the health and safety of our 
children," said Frank Bush, executive director of the Indiana School Boards 
Association. The group's legal experts will review the decision and then 
issue advice to school districts.

Random drug-testing programs have become common in Indiana during the past 
several years, although no one at the state level keeps tabs on how many 
districts participate.

However, based on applications for federal anti-drug grants, at least 26 
percent of Indiana school districts -- or about 73 -- have some form of 
drug testing, said Steve Koch, a consultant with the Indiana Department of 
Education.

But Monday's decision poses a significant threat to programs in districts 
such as Washington Township, Hamilton Southeastern, Anderson, Lafayette, 
Center Grove and Brownsburg. These districts will have to modify or suspend 
their programs -- or keep them and risk being sued for knowingly violating 
students' constitutional rights, said Ken Falk of the Indiana Civil 
Liberties Union.

The three appellate court judges ruled that Northwestern Schools violated 
the Indiana Constitution's protection against unreasonable searches by 
requiring random drug tests of any student who drives to school, plays 
sports or participates in after-school activities.

Other districts that test for drugs only if there's suspicion -- such as 
Lawrence Township and Westfield-Washington -- are not affected. Also not 
addressed in the suit were random drug-testing policies that companies may 
enact for their employees.

"This is significant. This is now the law in Indiana," said Martha 
McCarthy, an education law professor at Indiana University. "When you have 
a policy that tests students who drive and those in extracurricular 
activities -- that's most of your school. This court is making a statement 
regarding our state constitution."

The ruling caught many experts by surprise because random drug testing has 
been upheld on the federal level.

But the appellate court ruled that the Indiana Constitution is broader than 
the U.S. Constitution when it comes to searches. Indiana's requires 
individual suspicion to exist before someone can be searched -- or randomly 
picked for a drug test.

Northwestern's reason for drug testing -- to prevent future tragedies -- 
isn't a good enough reason to subject most of the student body to testing, 
the judges stated.

The ICLU sued last year on behalf of two Northwestern High School students, 
Rosa Linke, now 18, and her sister Reena, now 15.

A trial court in Howard County upheld the school's drug-testing policy, but 
the appellate court reversed the decision.

Lawyers for Northwestern Schools said they didn't know whether the district 
would appeal.

Though proponents of random drug testing say students aren't forced to 
participate in after-school activities, Rosa Linke said today's 
college-bound teen-agers have little choice. She and her sister still 
participated in National Honor Society, prom committee and Fellowship of 
Christian Athletes, but they wrote letters of protest.

"Schools put a stipulation on students by saying in order to make yourself 
the kind of person who can get into college, and get a scholarship, you 
have to submit to a random drug test," said Rosa, who graduated earlier 
this year and now is studying computer engineering at Kettering University 
in Flint, Mich. "I have the right to take the position that I will not pee 
in a cup for them."

Others see it differently.

"These things are a privilege, and they're not a privilege for people who 
break the law and come to school stoned," said Sandra Bennett, current 
director for the Northwest Center for Health and Safety in LaCenter, Wash.

This ruling could produce ripple effects that are felt beyond the student 
body. Random locker searches by drug-sniffing dogs could be in question, 
along with random drug tests of school bus drivers, said McCarthy, the IU 
law professor.

School officials in Edinburgh in southern Johnson County will be examining 
the opinion to see whether it could affect their decision to test their 
athletic coaches for drugs.

"We do believe that it is an important aspect of protecting the safety of 
student athletes, due to the significance of decisions made by coaches," 
said Edinburgh Superintendent Ron Mayes, whose district also tests athletes.

Drug testing is becoming increasingly popular as schools struggle to keep 
students away from illegal substances -- and catch them when they start 
using. Drug testing started with high school athletes, but the programs 
have been expanded to include middle schoolers, student drivers and those 
who participate in activities ranging from French club to choir.

Carmel-Clay school officials felt random drug testing was an unnecessary 
invasion of privacy -- so they only test students if they suspect drug use, 
said Kevin Rowe, the district's student assistance program coordinator.

But school districts that randomly test students see the benefits -- and 
want to keep testing.

Walt Aldorisio, who supervises drug testing in Center Grove, said the 
district will be looking for advice from its attorney and legal counsel 
from its insurance company, which would shell out money of its own if the 
district lost a lawsuit. His district tests about 800 kids a year -- or 
half of the 1,600 who are in the drug-testing pool.

"We'll make adjustments if we have to," he said. "We're going to follow the 
law."
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