Pubdate: Sat, 14 Sep 2002 Source: Kentucky Post (KY) Copyright: 2002 Kentucky Post Contact: http://www.kypost.com/ Details: http://www.mapinc.org/media/661 Author: John Jay Fossett Note: John Jay Fossett is the city solicitor for the city of Covington. This column is for informational and educational purposes and is not intended to serve as legal advice. For advice regarding this topic or any other legal issue, you should consult with a licensed attorney. FROM DRUGS TO DRESS, COURTS HAVE SAY IN SCHOOLS With school now back in full swing, it seems appropriate to look at two recent court cases - both on the local and national level - that may impact our children and our schools. Earlier this summer, the United States Supreme Court ruled that a school district could require all middle and high school students participating in extracurricular activities to consent to urinalysis drug testing. Last month, federal Judge David L. Bunning refused to issue a preliminary injunction prohibiting enforcement of a dress code for students at Highland Middle School in Fort Thomas. The drug testing case decided by the Supreme Court arose out of a policy adopted by the school district for Tecumseh, Oklahoma, a rural community about 40 miles southeast of Oklahoma City. The policy required students to take a drug test before participating in any extracurricular activity - such as band, the academic team and athletics - and to submit to random drug testing while participating in the activity. A student who was active in several extracurricular activities challenged the policy - through her parents - alleging that the policy violated her constitutional rights. Specifically, she argued that the drug testing violated the Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures by the government. The student argued that the school must have some reasonable suspicion of drug use by her before requiring her to take a drug test. While recognizing that "schoolchildren do not shed their constitutional rights when they enter the schoolhouse," the Supreme Court found that the school policy was reasonable, and thus, constitutional. When students attend school, the Supreme Court said, the school acts as their guardian and tutor during the school day. Accordingly, the Court opined that it would be reasonable - in light of drug problems in our schools and in society as a whole - for a guardian or tutor to require drug testing of his charges. The June decision was an expansion of a case decided by the Court in 1995, when it held that the Vernonia, Oregon school district could impose a drug testing policy on its student athletes. In the most recent case, the Court had no problem expanding this reasoning to include students who participated in any extracurricular activity, finding that "students who participate in competitive extracurricular activities voluntarily subject themselves to many of the same intrusions on their privacy as do athletes." Last month, the Campbell County school board adopted a random drug testing policy for its students who participate in extracurricular activities or park on school property at the high school. Other schools in Northern Kentucky also have adopted mandatory or voluntary drug testing policies. Another policy that some local school districts have adopted is a dress code policy. These policies generally require students to wear certain types and colors of clothes and eschew shirts with logos, unless it is a school-sponsored club or athletic team. In June, the site-based decision-making council at Highlands Middle School approved a dress code at that school. Other public schools in Northern Kentucky also have approved dress codes for their students. This summer, a parent of a middle school student at the Fort Thomas school, who is also a lawyer, challenged the dress code, arguing, among other things, that the policy represses his child's self- expression in violation of the First Amendment to the Constitution. The U.S. Supreme Court has not decided a case involving a school dress code, but other courts have. Last year, a federal court in Louisville upheld the constitutionality of a dress code imposed at a Jefferson County high school. The court there found that a dress code helped maintain a "peaceful and focused educational atmosphere." An Arizona appellate court also approved a dress code adopted at a Phoenix grade school. While Judge Bunning rejected the request for a preliminary injunction, the case involving the Highlands Middle School dress code continues. The student's father continues to argue that the court should issue a permanent injunction prohibiting the dress code. The school, on the other hand, has asked the court to summarily dismiss the lawsuit. - --- MAP posted-by: Beth