Pubdate: Sat, 02 Jun 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
Note: The Associated Press contributed to this report

COURT REFUSES TO RE-HEAR DRUG POLICY CASE

The U.S. Supreme Court is the next -- and final -- step should the Tecumseh 
School District decide to continue defending its drug testing policy.

A federal appeals court ruled Thursday that its previous decision that the 
drug testing policy is unconstitutional will stand.

The 10th U.S. Circuit Court of Appeals in Denver, Colo., voted 8-1 Thursday 
to deny the Tecumseh School District's request to re-hear the case.

The Tecumseh School District asked for the re-hearing in April after a 
three-judge panel ruled 2-1 March 21 that it was unconstitutional for 
public schools to require students in non-athletic extracurricular 
activities be tested for illegal drugs.

The only reported exception in the case was when a school has an 
"identifiable" drug problem, the judges in the majority ruled.

Superintendent Tom Wilsie said Friday that the school board will meet June 
11 to decide how to proceed with this case.

Wilsie said the board has about 90 days to decide whether to take the case 
further.

The school board's attorney, Linda Meoli, said Friday she had yet to see 
the court's decision, but assumes it is a short one.

If the school district decides to pursue the case, the next level is the 
U.S Supreme Court, she said.

"We can only ask the U.S. Supreme Court to hear" the case, she said. "It's 
not a matter of right like the 10th Circuit."

The U.S. Supreme Court can be discretionary when deciding whether or not to 
hear a case, she added.

While the original case against the district did not include complaints 
about athletic testing, Meoli said she reads the unconstitutionality ruling 
with some caution.

In her opinion, the ruling concerning drug testing of those involved "in a 
school activity," is a bit unclear.

"The ruling is a little ambiguous as to whether it covers athletics," she said.

She made reference to the following portion of the original 
unconstitutional ruling:

"Any district seeking to impose a random suspicionless drug testing policy 
as a condition to participation in a school activity must demonstrate that 
there is some identifiable drug abuse problem among a sufficient number of 
those subject to testing, such that testing that group of students will 
actually redress its drug problem..."

Meoli expressed hopes the court would re-hear the case to give school 
districts more guidance on the drug testing issue.

The U.S. Supreme Court ruled in 1995 that schools can require drug testing 
of student athletes.

The 10th Circuit's unconstitutionality ruling not only affects Tecumseh 
students, but also reportedly affects about 60 other school districts in 
Oklahoma, the Associated Press reported.

School districts in the entire 10th Circuit, which includes Oklahoma, 
Kansas, Colorado and New Mexico, also are covered in the court's 
jurisdiction, Meoli said.

The Tecumseh Board of Education adopted its Student Activities Drug Policy 
on Sept. 14, 1998. That policy said students involved in extra-curricular 
activities, including Future Farmers of America, Future Homemakers of 
America, the academic team, vocal music, band, pom pon, cheerleader and 
athletics, could be subject to drug testing.

Since the fall of 1999, the policy has been involved in court litigation.

The drug testing policy came under scrutiny when high school students 
Lindsay Earls and Daniel James challenged the policy with the backing of 
the American Civil Liberties Union.

With pending litigation, the drug testing policy was suspended by the 
school board in August 1999.

A U.S. District's judge ruled in favor of the drug policy in March 2000, 
prompting the school board to re-instate drug testing, although the case 
was in an appeals process.

Drug testing had continued through this past school year until the 
unconstitutionality ruling was rendered by the three-judge panel on March 
21, 2001.

The Tecumseh school district has abided by the court's ruling finding its 
policy unconstitutional, Meoli said, and has discontinued all drug testing.

However, the fate of the district's drug testing policy may not be ended.

A decision on whether the school district will continue its fight in this 
case is expected the next regular school board meeting.

The school board will meet at 7 p.m. June 11 in the Tecumseh High School 
library.

It is unknown what the cost would be should the district decide to take the 
case to the U.S. Supreme Court. At a school board meeting March 29, Wilsie 
said the cost of defending the district's case had totaled about $75,000. 
But, Wilsie added, the district has had no out-of-pocket expense because 
the district's insurance policy covered such fees up to $100,000.
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MAP posted-by: Beth