Pubdate: Wed, 18 Sep 2002 Source: Decatur Daily (AL) Copyright: 2002 The Decatur Daily Contact: http://www.decaturdaily.com/decaturdaily/index.shtml Details: http://www.mapinc.org/media/696 Author: Deangelo McDaniel, Daily Staff Writer Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) Bookmark: http://www.mapinc.org/youth.htm (Youth) HARTSELLE BOARD, LAWYER TO DISCUSS DRUG POLICY HARTSELLE - The Hartselle Board of Education will meet in public Thursday night to discuss attorney Bill Shinn's concerns about the student drug-testing policy. Board Chairwoman Susan Puckett originally appointed board members Ronnie Abercrombie and Cathy Goodwin to meet with Superintendent Lee Hartsell and Shinn. Shinn is the school system's attorney. Even when a quorum or majority of the board is not present, the state attorney general has repeatedly warned public bodies about meeting in private. In 1996, the attorney general wrote: "Public access to public bodies generally extends to the entire decision-making process from discussion or debate and formulation through adoption and enforcement." Mrs. Puckett wanted the two board members and superintendent to provide a summary of the meeting with Shinn to the rest of the board members. Abercrombie declined to meet with Shinn, saying the attorney should present his concerns to the entire board in an open meeting. He said he does not want to give the appearance that he has something to hide or violate the state's sunshine law. Abercrombie wants Shinn to explain to the entire board why Hartselle's drug-testing policy goes beyond the authority the U.S. Supreme Court gave to school systems in June. The court, in a 5-4 decision, said testing students who participate in extracurricular activities is a "reasonable effective means of addressing the school district's legitimate concerns in preventing, deterring and detecting drug use." Shinn expressed his concerns about the board-approved policy in a five-page letter. Shinn said the court's June ruling did not provide a "sufficient comfort level" to test students who are not in competitive extracurricular activities. A student in competitive activities started the case that made it to the Supreme Court. Although the Oklahoma school system only tested students in competitive activities, the policy the students challenged allowed students in all extracurricular activities to be tested. The court did not differentiate between competitive and non-competitive activities. Judge Clarence Thomas wrote: "We conclude that the drug testing of Tecumseh students who participate in extracurricular activities effectively serves the school district's interest in protecting the safety and health of its students." Board member Jeff Gray, a lawyer, wanted to get a second legal opinion, but the board didn't act on his request. Hartselle adopted the most inclusive drug-testing policy in Morgan, Lawrence and Limestone counties. In addition to testing athletes, band members and cheerleaders, the school system proposes to test students in 21 other activities. - --- MAP posted-by: Terry Liittschwager