DRUG TESTS ON SHAKY GROUND

Ruling Against Tulia Schools May Not Hold Sway Over Lockney

An Amarillo judge's opinion that drug testing of students in Tulia is
unconstitutional may have no influence on the ruling of a similar case in
Lockney.

The drug testing policy in Tulia, which is about 70 miles north of Lubbock,
requires students in grades 7-12 who want to participate in extracurricular
activities to submit to a random drug screening.

The policy in Lockney requires students in grades 7-12 be tested,
regardless of their participation in extracurricular activities.

U.S. District Judge Mary Lou Robinson ruled recently in favor of a former
Tulia student who claimed the policy violated the Fourth Amendment, which
protects against unreasonable searches and seizures.

Robinson's ruling, filed in U.S. District Court in Amarillo, states, "This
Court concludes that the mandatory random, suspicionless drug testing
program for all students participating in extracurricular activities at
Tulia I.S.D. is violative of the Fourth Amendment ... "

Several attorneys, along with a semi-retired law professor who studied
constitutional law, said Robinson's ruling does not set precedent for the
Lockney case.

The Lockney school district is being sued by a parent, Larry Tannahill, who
also claims the policy violates the Fourth Amendment.

Graham Boyd, director of the American Civil Liberties Union drug policy
litigation project, and an attorney representing Tannahill, said there's an
important difference to note between the cases.

"Tulia was limited to extracurricular activities. What Lockney is doing is
drug testing all students," he said.

Boyd said he hopes Robinson's ruling will have some influence on U.S.
District Judge Sam Cummings in Lubbock, who will consider the Lockney case.

"I think her ruling is persuasive, I think it's correct," Boyd said.

Robert West, an Austin attorney representing the Lockney school district,
said Robinson's ruling likely will have little influence on Cummings' decision.

"We don't think that it's going to have any bearing, although it could have
some bearing," he said. "Probably the most important reason, the facts
surrounding our case are different from the one in Tulia.

"Suffice it to say, the court in the Tulia case found that there was no
evidence of a drug problem in Tulia."

West suggested that attorneys for the school district may prove there is a
drug problem in Lockney, therefore warranting a student drug policy.

The Lockney district implemented its policy to help ensure the health and
safety of its students, and to act as a deterrent to drug abuse, he said.

Since implementing its policy in February, the Lockney district has
received national criticism, even though hundreds of local people support it.

Lockney is about 50 miles northeast of Lubbock.

Rod Schoen, a semi-retired law professor at Texas Tech who specializes in
constitutional law, said he believes both school districts have violated
the Fourth Amendment.

"Yes, I do agree that it's a violation because the U.S. Supreme Court has
only upheld one drug test and that was limited only to athletes," Schoen said.

The U.S. Supreme Court said in 1995 that the Vernonia, Ore., school
district could drug test student athletes.

"It was also demonstrated that Vernonia had a very severe drug problem,"
Schoen said. "The Tulia case and the Lockney case present different issues
because the testing goes much farther."

He said Cummings may find Robinson's opinion persuasive or he may find it
unreasonable.

"He's not technically required to follow Judge Robinson's decision," Schoen
said.

Shellie D. Hoffman, director of legal services at the Texas Association of
School Boards, said about 150 other Texas school districts have some kind
of drug testing policy. She did not know how many districts in West Texas
have some sort of policy.

Hoffman said Sundown, about 40 miles southwest of Lubbock, is the only
other school district she knows of that has an across-the-board drug
testing policy like that in Lockney.

Brownfield Supt. Charles Harrison said he's keeping an eye on the Tulia
case to see if it's overturned in the appeals process.

"What we're doing is following the case, and until we get a definite ruling
and some parameters in how to distribute drug tests, we're not interested
in starting one," he said.

"We have just been really slow in putting something in place until we knew
for sure what was legal and what wasn't."

Harrison said the school district conducted a community survey about two
years ago to see if the community was in favor of a policy. He said the
survey came back with about 60 percent in support of drug testing and about
40 percent against it.

"That's just not enough of a positive statement to go ahead," he said.