Pubdate: Tue, 14 Sep 2004
Source: Times-News, The (ID)
Copyright: 2004 Magic Valley Newspapers
Contact:  http://www.magicvalley.com/
Details: http://www.mapinc.org/media/595
Author:  Karin Kowalski
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

JUDGE DISMISSES DRUG TESTING LAWSUIT

TWIN FALLS -- Citing lack of time to pursue the case, parents of a
Twin Falls High School student have dropped their lawsuit against the
school district.

Joe and Denise Stanzak filed the suit in connection with the Twin
Falls School District's random drug testing policy for students in
extracurricular activities, The Times-News recently learned.

The suit was dismissed without prejudice by District Judge John Butler
on July 9, according to court documents.

Joe Stanzak said Monday that he does not have the time and energy to
pursue the issue further.

His daughter at Twin Falls High School was able to register for band
class without having to release her medical records or sign up for
random drug testing. Stanzak said his daughter later dropped the band
class and is not participating in other activities. Stanzak said he
has no plans to resume the suit unless the district changes its policy.

Twin Falls High School Principal Ben Allen said he hadn't heard of the
suit being dropped. He said the school's policy still requires
students to submit to random drug testing if they want to participate
in extracurricular activities.

On Monday, Superintendent Wiley Dobbs reiterated his belief in drug
testing, saying that such a program gives students a "more powerful
way to say no."

He also said that because of legal precedent, the Stanzaks would need
a different angle if they wanted to pursue the case again.

"There's no animosity for the family from the district," he
added.

Stanzak filed the suit in 5th District Court in Twin Falls, saying the
district's policy was too broad and violated students' rights. He had
alleged that his daughter's refusal to sign a form consenting to
random drug testing harmed her grade in band class, an academic class
whose students also take part in extracurricular band activities.

The School Board approved the policy after the U.S. Supreme Court
voted 5-4 in June 2002 that public schools could randomly test
students who "volunteered" for extracurricular activities. The
rationale was that student safety is more important than student privacy.
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MAP posted-by: Derek