Pubdate: Thu, 18 Oct 2001
Source: Lubbock Avalanche-Journal (TX)
Copyright: 2001 The Lubbock Avalanche-Journal
Contact:  http://www.lubbockonline.com/
Details: http://www.mapinc.org/media/841
Author: Linda Kane, Avalanche-Journal
Bookmarks: http://www.mapinc.org/testing.htm (Drug Testing)
http://www.mapinc.org/lockney.htm (The Lockney Policy)
http://www.mapinc.org/tulia.htm (Tulia, Texas)
http://www.mapinc.org/youth.htm (Youth)

TULIA PARENT OBJECTS TO DRUG TEST POLICY

The father of a Tulia high school student will not support a policy
that subjects his son to random drug testing at school.

Alan Bean expressed those sentiments during a school board meeting
Tuesday.

Bean told the board that he feels it's unconstitutional to subject his
son and other students to drug testing in order to participate in athletics.

Bean's son, Amos, a 15-year-old sophomore, plays football and will
refuse the school district if it requests him to submit to a random
urinalysis for drug screening, his father said.

The complaints come after U.S. District Judge Mary Lou Robinson in
Amarillo decided last year that the school district's mandatory,
suspicionless drug testing policy of all students in extracurricular
activities was unconstitutional.

The school district appealed Robinson's ruling to the 5th U.S. Circuit
Court of Appeals where it is expected to be heard Nov. 5, Supt. Ken
Miller said.

The school has since changed its policy and tests only students in
athletics, he said.

"It's board policy, and I support it," Miller said.

"The intent is to help kids refuse and not participate in illegal drug
use," he said. "It's just a tool to prevent drug abuse."

Miller said that 10 percent of the students in each sport will be
randomly selected to participate in three tests each semester this
school year.

A parent in Lockney won a lawsuit in March against the school district
there after claiming a similar drug testing policy was
unconstitutional.

Bean said he thought the issue of drug testing in the Tulia schools
would be moot after Robinson's ruling last year.

"I was quite sure the school would simply drop the drug testing
pending their appeal, and when it didn't, I was quite surprised," Bean
said.

The judge's ruling prevented the school district from testing two
students who contested the policy. Bean said the ruling should apply
to the entire student body.

"My feeling is that TISD is presently showing contempt for Judge
Robinson's ruling," Bean said.

Bean said he voiced his concerns to the school board in an effort to
urge them to drop their drug testing policy.

"I wanted them to be very clear about what my concerns were before I
took the very drastic step of seeking legal remedies," Bean said.
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MAP posted-by: Richard Lake