Pubdate: Tue, 13 Mar 2001
Source: Kokomo Tribune (IN)
Copyright: 2001 The Kokomo Tribune
Contact:  Kokomo Tribune, 300 N. Union St., PO Box 9014, Kokomo, IN 46904
Website: http://www.ktonline.com
Author: Danielle Gates Rush
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

SCHOOLS TO RESUME DRUG TESTS

Kokomo-Center Schools and the Northern Community School Corp. of Tipton 
County are making plans to bring back random drug testing policies after 
the Indiana Supreme Court vacated a lower court's ruling that essentially 
said the testing violated the state's constitution.

The Supreme Court instead has decided to hear arguments in a lawsuit filed 
against the Northwestern School Corp. by two of its students and their 
parents challenging the school's testing policy. In transferring the case 
to its docket, the Supreme Court nullified a decision made in August 2000 
by the Indiana Court of Appeals, according to David Emmert, general counsel 
for the Indiana School Boards Association.

"It's as if that decision never occurred," Emmert said.

He said no date has been set for arguments, and that the Supreme Court 
could decide, as the appeals court did, that the policy violates the state 
constitution.

"It's a toss up. We don't know which way it will go."

The ISBA had advised schools across the state to suspend random drug 
testing after the appeals court decision, and Emmert said some could choose 
to resume their policies now.

"Our advice has been to confer with your own school attorneys first. It's 
still possible a local trial court could give an injunction to prohibit 
such testing."

Dr. Stephen Healy, superintendent of the Kokomo-Center School Corp., said 
Kokomo will resume random drug testing Monday of athletes, students who 
leave campus for lunch and students who drive.

"It helps keep drugs off campus. It gives (students) an excuse to say no."

Healy said Kokomo has a policy because of concerns for student safety.

Superintendent Gerald Novak of the Northern Community Schools of Tipton 
County recommended to his school board Monday that the corporation resume 
testing.

"This opens the window for us to once again begin our drug testing program 
and we are in fact going to do that."

He said Northern's policy is different from many others in that the testing 
firm sends results directly to parents, not to the school.

"We've had students at school in the past year who have been disciplined 
for the use of drugs and we feel it's time we started doing this again ... 
This isn't the vehicle that will save everyone but at least it gives some 
kids a crutch to say no."

At Northwestern School Corp., Superintendent Ryan Snoddy anticipates they 
will not resume testing this school year.

"We will probably remain as we are for the school year. ... We're 
considering our options but we aren't certain what direction we'll go yet."

He's pleased the Supreme Court will hear arguments in the case.

"We're hopeful they'll rule in favor of the (Howard County) trial court 
(which upheld the policy). We believe it to be a positive deterrent to drug 
abuse. We're concerned about the safety and well-being of our students."

Officials in the Tipton, Eastern and Western school corporations have made 
no decision and plan to consult local legal counsel or the school board 
association.

Western Superintendent Ron Wilson said he thinks Western will eventually 
resume testing.

"If our legal people advise us to go ahead when it's still in the court 
system, we will probably do that. We do believe in it and we do believe it 
deters drug use."

Northwestern implemented its random drug testing policy for students in 
extracurricular activities and who drive to school in January 1999. It was 
immediately challenged by students Rosa and Reena Linke, through their 
parents, Scott and Noreen Linke. The Linkes filed a civil lawsuit alleging 
the corporation violated the Indiana Constitution because it subjects 
students to an unreasonable search and seizure.

A Howard County Circuit Court judge dismissed the lawsuit, saying the 
policy could stand, but the Linkes appealed that decision. The Indiana 
Court of Appeals sided with the Linkes and ruled the random testing 
unconstitutional. That decision stood until the Supreme Court stepped in 
and vacated it late last week.
- ---
MAP posted-by: Terry F