Pubdate: Sat, 26 Aug 2000
Source: Munster Times (IN)
Copyright: 2000 The Munster Times
Contact:  The Times, 601 45th Ave., Munster, IN 46321
Fax: (219) 933-3249
Website: http://www.thetimesonline.com/
Author: David Hendrix
Related: http://www.mapinc.org/drugnews/v00.n1219.a01.html

DUNELAND SUSPENDS DRUG TESTING

CHS Students Won't Face Random Tests This Year In Wake Of Appellate Court 
Ruling.

CHESTERTON -- The Duneland School Corp. has indefinitely suspended its 
student drug-testing policy after an Indiana Court of Appeals decision 
handed down Monday deemed a similar program unconstitutional.

The program had been under discussion Monday evening at the last Duneland 
School Board meeting. Without knowing about the court ruling earlier that 
day, the board had tabled a vote until its next meeting Sept. 5 on whether 
to continue the testing program for a second academic year.

Now, "There'll be a report to the board, so that we can put it officially 
on the record ... but there won't be any board action, because there won't 
be anything to act on," Superintendent H. Stephen Hewlett said.

Hewlett and other officials learned of the court decision, which 
specifically involved the Northwestern School Corp. of Kokomo, Tuesday 
morning. The unanimous ruling labeled the Kokomo program an unreasonable 
violation of privacy.

Hewlett said the program, which sparked some controversy among Duneland 
parents when it was initiated, is only "on hold," not terminated. It could 
be considered for reactivation, based on the results of any appeals that 
may take place, he said.

The decision to suspend the program, which affected Chesterton High School 
students participating in athletics and other extracurricular activities, 
does not undo any plans that have already been made, Hewlett said. 
Officials had not yet scheduled the Michigan City testing laboratory that 
administered the drug screens to generate the new list of those to be 
tested this year.

Jeanne Hayes, coordinator of the school district's Positive Life Program, 
said she had not yet begun the application process for the grants that 
funded a portion of the drug-testing program.

"I never assume things are going to be approved until they actually are," 
Hayes said.

The Positive Life Program will continue its efforts in the area of 
anti-drug education in the schools, Hayes said.

Hayes said most of the community response to the program had been in favor.

Although a small yet vocal group of parents had spoken against it, "Shortly 
after it was passed, I had probably 20 calls in favor," including several 
parents who volunteered to have their children tested.

Several members of the faculty also volunteered to be tested, although they 
didn't have to be, Hewlett said.

One of those parents opposed to the program, Bill Barkow, who earlier this 
week had told the board he thought the tests were a Fourth Amendment 
right-to-privacy violation, expressed relief at the state court decision.

"They have the right to try to protect school property from drugs. I have 
no problems with using dogs going up and down the hallway, if that's what 
they want to do," Barkow said. "But if we're trying to treat our kids to 
respect others and respect their rights, how do we do that if we don't 
respect theirs?"

Barkow is the father of a 2000 CHS graduate, and has another child in 
eighth grade at Westchester Middle School. His older son, a participant in 
band and speech and debate, was in the pool of candidates to be tested, but 
wasn't selected.

"It bothered him that he might have to do this. He is a good boy. He 
thought: 'Why should I have to prove I'm innocent? Why don't they just 
trust me?'" Barkow added. "I thought it was wrong that his own school made 
him feel that way."
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