Pubdate: Fri, 09 Nov 2001
Source: Shawnee News-Star (OK)
Copyright: 2001 The Shawnee News-Star
Contact:  http://www.onlineshawnee.com/
Details: http://www.mapinc.org/media/412
Author: Kimberly D. Morava, SNS Staff Writer
Note: Sidebar to article on "Pottawatomie County Board of Education v. 
Earls" regarding student drug testing in OK which was recently granted 
further review by the U.S. Supreme Court
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

TIMELINE

Litigation over the school district's drug testing policy has continued 
since 1999. Following is a timeline of major items of action.

* The Tecumseh School District adopts its student activities drug-testing 
policy. The policy allows for students involved in extracurricular 
activities, such as FFA, band, vocal music, academic team and athletics to 
be subject to drug testing.

* Tecumseh High School students Lindsay Earls and Daniel James, with the 
backing of the American Civil Liberties Union, file a lawsuit in August 
1999, in U.S. District Court, Oklahoma City.

The suit challenges the district's drug policy, alleging that portions of 
the drug-testing policy violate students' rights to be free from 
unreasonable searches.

* The Tecumseh School Board votes Aug. 23, 1999 to hold in abeyance, or 
temporarily suspend, the district's drug-testing policy in the midst of the 
pending litigation.

* The district's drug policy is upheld March 9, 2000 as a U.S. Western 
District Court judge rules in favor of Tecumseh. The ruling calls 
Tecumseh's drug-testing policy warranted.

* On March 27, 2000, the Tecumseh school board votes to reinstate the 
district's drug-testing policy for the 2000-2001 school year.

Meanwhile, the case is in the process of appeal by the ACLU.

* In a 2-1 ruling in March, 2001, a three-judge panel of the 10th U.S. 
Circuit Court of Appeals rules Tecumseh's drug testing policy 
unconstitutional. Their ruling says the drug policy violates the Fourth 
Amendment's protection of protection against unreasonable searches.

* On March 29, 2001, the Tecumseh School Board votes to appeal the 10th 
U.S. Circuit Court's ruling. The district later files a motion asking the 
court to rehear the case; and also discontinues drug testing.

* The 10th U.S. Circuit Court of Appeals votes 8-1 to deny the Tecumseh 
school district's request for rehearing. That decision upholds the school 
district's drug-testing policy as being unconstitutional.

* The Tecumseh school board votes unanimously to appeal the case, taking 
its fight to the highest court -- the U.S. Supreme Court.

* Attorneys for the Tecumseh School district file a motion asking the U.S. 
Supreme Court to hear its case.

The U.S. Supreme Court announces it will hear Tecumseh's case. Oral 
arguments on the case are set for the March, 2002 U.S. Supreme Court docket.
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MAP posted-by: Jackl