Pubdate: Fri, 28 Jun 2002
Source: Shawnee News-Star (OK)
Copyright: 2002 The Shawnee News-Star
Contact:  http://www.onlineshawnee.com/
Details: http://www.mapinc.org/media/412
Author: Kimberly D. Morava, Sns Staff Writer
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

SUPREME COURT UPHOLDS DRUG-TESTING POLICY

One yelled "Yippee!" and was overcome by goosebumps while dining at a 
Tecumseh restaurant.

Another stopped driving to shed a few tears.

Tecumseh School Board members reacted emotionally Thursday to the U.S. 
Supreme Court's decision to uphold the school district's drug-testing policy.

All high school students in America who participate in any competitive 
after-school activity, including FFA, band and choir, can be subject to 
random drug testing, the Supreme Court has ruled. The decision expands a 
1995 ruling that allowed random athletic drug testing.

Tecumseh School Board President Terry O'Rorke said board members never gave 
up support for this policy because they believe it deters drug use. He said 
the nearly-three-year court battle was emotional.

"The beauty of it going this far is that it can't be changed -- it's a done 
deal," he said. "We lived through the good and bad. Today makes it all 
worthwhile.

"Think of the kids we can help across the United States," O'Rorke said. "If 
we help one child next year, we've done our job."

The justices' ruling allows the broadest drug testing of students ever, 
which could affect millions of high school students across the nation.

"We find that testing students who participate in extracurricular 
activities is a reasonably effective means of addressing the school 
district's legitimate concerns in preventing, deterring and detecting drug 
use," Justice Clarence Thomas wrote for himself, Chief Justice William H. 
Rehnquist and Justices Antonin Scalia, Anthony M. Kennedy and Stephen Breyer.

Justice Breyer, who provided the critical fifth vote, said he hopes testing 
reduces peer pressure and "addresses a serious national problem."

But the ruling does not endorse random testing for any student, although 
several justices indicated they want to answer that question.

Justice Ruth Bader Ginsburg, in her dissent, said the "program upheld today 
is not reasonable, it is capricious, even perverse."

O'Rorke said he's heard positive reactions to the justices' decision. He 
also admitted shedding a few tears when hearing the verdict.

Three THS sophomores attending a drivers' education course said they agree 
with the court's ruling.

"They have a right to drug test," said Whitney Megehee, because "little 
kids" look up to high school students.

Student Kim Dunagan, who participated in FFA last year, agreed, saying she 
wouldn't have a problem taking a drug test.

Neither would Andrea Weedn. In fact, Weedn, who was in choir and FFA during 
eighth grade, was one of about 500 students tested before the policy was 
suspended.

When the policy was active, students were tested at the beginning of the 
school year. Thereafter, tests were random. Three athletes tested positive.

Because of litigation, the policy has never been enacted for an entire 
school year, Assistant Superintendent Danny Jacobs said.

 From September 2000 to March 2001, 19 students tested positive, Jacobs 
said, but those numbers were not considered in this litigation.

The drug testing policy became a court case after being challenged by 
former students Lindsay Earls and Daniel James, who were backed by the 
American Civil Liberties Union. Earls contended "suspicionless" drug tests 
violated the Constitution's guarantee against unreasonable searches.

Now a student at Dartmouth College, Earls competed on the academic team and 
sang in choir. She tested negative, but sued over what she called a 
humiliating and accusatory policy.

Earls said she's disappointed about the justices' decision and called 
Thursday "a sad day for students in America."

She questions how randomly testing students protects them. Her attorney, 
Graham Boyd, director of drug policy litigation at the ACLU, agrees.

"I find it very disappointing that the court would find it reasonable to 
drug test students when all the experts, from pediatricians to teachers, 
say that drug testing is counterproductive," Boyd said. "The best way to 
prevent drug use is to involve them in extracurricular activities."

Tecumseh officials are expected to re-instate the drug-testing policy at a 
future meeting.

Linda Meoli, the board's attorney, gives school board members credit for 
sticking to their belief.

The court's decision shows "an epidemic of drug use is not required before 
a school district can take steps to eliminate drug use," Meoli said. 
"Waiting for an epidemic would be too late."

It also appears other school districts across the nation want to know more 
about how Tecumseh's policy works. Jacobs and other school administrators 
have fielded requests from school districts near and far who want to see a 
copy of the testing policy.

Superintendent Tom Wilsie said Thursday he felt pleased and overwhelmed 
with the decision -- and is appreciative of community support.

"This has been a roller coaster type ride," Wilsie said. "We're glad to 
have closure in our favor."

The court battle also has been costly; the district will pay about $40,000 
in legal costs. The district's insurance policy covered the first $100,000.

Board clerk Dean Rogers said the fight was necessary.

"Someone had to step up," she said. "I'm glad it was us. I feel like we 
were right all along."

Rogers was ecstatic when hearing the verdict Thursday. She yelled "Yippee!" 
while eating at a Tecumseh restaurant.

"This renews your faith in the judicial system," she said.

The ruling also is a step in the right direction for the future of America 
- -- today's students, she said.

"I know they don't like to pee in a cup," Rogers said, "but that is part of 
our world nowadays."

In a brief, separate dissent on Thursday's ruling, Justices Sandra Day 
O'Connor and David Souter said they disagreed with the court's ruling in 
1995 and disagree now.

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The Associated Press contributed to this report.
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MAP posted-by: Jay Bergstrom