Pubdate: Tue, 22 Aug 2000
Source: Evansville Courier & Press (IN)
Copyright: 2000 The Evansville Courier
Contact:  P. O. Box 268 Evansville, IN 47702-0268
Website: http://courier.evansville.net/
Author: Mike Smith

APPEALS COURT REJECTS SCHOOL DRUG-TEST POLICY

The Indiana Court of Appeals struck down a school policy of performing drug 
tests on students participating in athletics and other extracurricular 
activities but not suspected of using drugs.

Although some similar policies have been upheld in federal appeals courts, 
the Indiana court ruled Monday that the state's constitution provides 
greater protections against invasions of privacy.

It said the policy of Northwestern School Corp. in Kokomo "does not propose 
a direct correlation between drug use and its need to randomly test the 
majority of students for drugs."

The policy, which also applies to students who drive to school, became 
effective in January 1999. It was adopted after two students died of drug 
overdoses and a recent graduate was killed in a car accident involving the 
use of inhalants.

The Court of Appeals said the school corporation was more concerned about 
preventing future tragedies than combating an existing drug problem.

"This is an unmistakable move toward randomly testing all students," the 
3-0 ruling stated.

The court remanded the case to Howard Circuit Court with instructions to 
enter summary judgment for Rosa and Reena Linke. Rosa was a junior and 
Reena was a freshman at Northwestern High School when they, through their 
parents, sued last year.

The trial court denied summary judgment, and the Linkes appealed. They were 
represented on appeal by the Indiana Civil Liberties Union, which argued 
that suspicionless drug-testing policies in Indiana schools violated the 
Indiana Constitution.

ICLU attorney Ken Falk said nothing prevents schools from testing students 
who they suspect of using drugs, such as "someone who comes in and appears 
to be stoned." But he said testing someone simply because they belong to 
the French club was wrong.

Attorneys for the school corporation did not immediately return phone 
messages seeking comment.

The policy at Northwestern School Corp. applies to students in grades 7 
through 12. It says students wishing to participate in athletics, certain 
extracurricular activities or drive to school must submit to random drug 
testing.

If students are involved in the activities and do not consent to a drug 
test, they cannot participate in performances or competitions taking place 
outside of normal school hours.

The Linkes and their parents believed the policy violated their personal 
privacy. Both students signed consent forms but objected to the policy.
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