RULING PUTS CRIMP IN TISD DRUG TEST

TULIA A court ruling signed Friday prohibits the Tulia Independent
School District from drug testing two students who filed suit to halt
the testing program.

U.S. District Judge Mary Lou Robinson ordered that the school district
not test Molly Gardner, a senior, and Colby Gardner, a sophomore. The
two are plaintiffs in one of two suits filed against the school district.

"Apparently it only affects the two students," TISD Superintendent
Mike Vinyard said Friday. "I will discuss this with our attorney to
get his interpretation of it. It would appear she has not enjoined the
entire program."

On Nov. 30, Robinson ruled in favor of Hollister Gardner and his
cousins, Molly and Colby, who filed lawsuits in January 1997 to
protest the school district's "mandatory, suspicionless" drug-testing
policy. Hollister Gardner has since graduated from Tulia High School
and is a college student.

Dan Gardner, Molly and Colby's father, said he was surprised that
Robinson didn't halt the entire drug-testing program.

"I wish she'd done everybody," Gardner said. "A good many of the kids
are against it, but they won't say it to their parents."

The judge also ruled Friday that the Gardners can recover their court
costs from the school district and its trustees.

The Tulia school board voted Tuesday to appeal Robinson's decision
declaring the district's drug-testing policy in violation of the
Fourth Amendment. During the meeting, Vinyard said the district's
attorney wanted the school board's authorization before appealing to
the Fifth Circuit Court of Appeals in New Orleans. Vinyard said Friday
that the attorney might file the appeal next week.

Under the program, anyone in junior high school or high school
desiring to participate in extracurricular activities must submit to
random drug testing.