Pubdate: Sun, 17 Mar 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

SCOTUS TO HEAR TECUMSEH CASE

Tecumseh's public school system will be spotlighted nationwide this week as 
the U.S. Supreme Court hears arguments over the district's controversial 
drug-testing policy.

What is considered an "identifiable" drug problem and clarification of the 
Fourth Amendment as related to drug testing are issues in this case. The 
high court's decision will set a precedent for all school districts in America.

U.S. Supreme Court Justices will devote one hour to the drug-testing case 
beginning 10 a.m. Tuesday. The Supreme Court's final decision on the matter 
isn't expected until June.

Lawyers for Tecumseh will get 30 minutes to argue the district's case for 
drug testing. Lawyers with the American Civil Liberties Union also will get 
30 minutes to present arguments against the issue.

Until now, Superintendent Tom Wilsie said the litigation over the drug 
policy was similar to practicing for a ball game.

"We're ready to play the game," Wilsie said.

Knowing the Supreme Court's decision will affect every school in the nation 
is an overwhelming position, he added.

Wilsie, along with Assistant Superintendent Danny Jacobs, and all five 
board members -- Audrey Seeliger, Terry O'Rorke, Dean Rogers, Keith Hayes 
and Robert Mayo -- will be in the Supreme Court chambers Tuesday during 
oral arguments, Wilsie said.

Dean Rogers, school board member, said she is ready for the long- awaited 
verdict in this case.

Even if the Supreme Court goes against the district, Rogers said she feels 
right about trying to make Tecumseh better through the drug- testing policy.

"There are drugs here," she said. "If we can help some kids shy away, I 
feel we've succeeded in trying to keep this a safe place."

Rogers said drug testing is part of today's world, with many employers 
requiring drug testing to get a job. She stands behind the drug policy.

"A decision needs to be made one way or another," Rogers said. "The future 
of children in America depends on the Supreme Court judicial system -- 
they're the last word."

Three lawyers, including Linda Meoli with the Center for Education Law, 
Oklahoma City, are arguing Tecumseh's case.

Graham Boyd, attorney with the ACLU, will argue against the policy. The 
ACLU backed two former students -- Lindsey Earls and Daniel James -- when 
they originally filed a lawsuit against Tecumseh Public Schools in 1999.

James is now in the U.S. Navy and Earls is attending a college in New 
Hampshire, Boyd said.

"There's a certain degree of relief the case is finally going to be 
decided," Boyd said. "This will set a precedent for what schools do."

Boyd said he has been impressed with the Earls family in their views that 
the court is the best way to resolve a legitimate difference of opinion.

Boyd said he hopes the justices' decision brings some finality and peace to 
all in Tecumseh.

Either way, he said, Earls and James wanted to stand up for their privacy 
rights under the constitution on behalf of all Tecumseh students -- and 
that's what they have done.

While the Tecumseh community has overwhelming supported the school system 
and its policy, there also have been some parents against the policy. 
Steven Parker is the local lawyer who represented about 16 Tecumseh parents 
who felt Tecumseh had taken drug testing too far.

A "friend of the court" brief was filed in support of the ACLU on their behalf.

Boyd said those parents essentially contended that they have made choices 
how to raise their children and the school's drug policy interferes with 
those decisions.

Other support briefs also have been filed in this case. The Solicitor 
General, with the backing of the Bush Administration, filed a brief in 
support of Tecumseh schools.

Tecumseh's drug testing policy has been involved in court litigation since 
1999.

So far, costs of defending the drug policy have maxed out Tecumseh's 
$100,000 insurance policy. Additional costs are expected to be $25,000 to 
$30,000, Wilsie said. Those monies will be derive from the general fund.

The road to the Supreme Court began in August 2001, when Tecumseh filed a 
petition asking the high court to hear its case. That followed a unanimous 
decision by the school board in June 2001. The 10th Circuit Court of 
Appeals in Denver, Colo., previously upheld that the drug policy was 
unconstitutional.

That court ruled that before a school district can conduct random drug 
testing, it has to prove an "identifiable" drug problem among a sufficient 
number of students they want to test.

That appeals court also said Tecumseh's policy violated the constitution's 
ban on unreasonable searches by requiring random drug tests of students 
involved in extracurricular activities.

The district also had no justification for drug testing because it had few 
problems, that court said.

Tecumseh originally adopted its Student Activities Drug Policy Sept. 14, 
1998. It said students involved extracurricular activities such as FFA, the 
academic team, vocal music, band, pompon, cheerleader and athletes, could 
be subject to drug testing.

By hearing the case, the Supreme Court Justices also will follow up on 
a1995 ruling that upheld testing of athletes in an Oregon school district. 
That ruling didn't endorse blanket drug testing.
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MAP posted-by: Keith Brilhart