DRUG-TESTING SUIT TO MOVE TO NEXT LEVEL

TULIA - The drug-testing lawsuit against Tulia Independent School District
will move to the next judicial level, and the case's repercussions could
impact another Panhandle school district lawsuit.

The Tulia school board voted Tuesday to appeal a court decision declaring
the district's drug-testing policy in violation of the Fourth Amendment.

The school board unanimously voted for the appeal during a special meeting
at 7:15 a.m. U.S. District Judge Mary Lou Robinson on Thursday ruled in
favor of Hollister Gardner and his cousin Molly Gardner, who filed a
lawsuit in January 1997 to protest the Tulia ISD's "mandatory,
suspicionless" drug-testing policy.

During the meeting, superintendent Mike 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 he expects
Robinson to enjoin the drug-testing program to cease testing.

Board member Mike Cothran said Tulia residents he spoke to encouraged the
school board to appeal the decision.

"The only negative I heard was that we didn't go far enough and test
everybody," Cothran said after the meeting. "We knew that wouldn't fly."

Under the program, anyone in junior high school or high school desiring to
participate in extracurricular activities must submit to random drug
testing. Hollister Gardner was a student at Tulia High School when the
policy was introduced.

"This court concludes that the mandatory random, suspicionless drug-testing
program for all students participating in extracurricular activities at
Tulia ISD is violative of the Fourth Amendment to the United States
Constitution and that Molly and Colby Gardner . . . are entitled to
declaratory and injunctive relief," the ruling stated.

The school district started its drug-testing policy in January 1997,
Globe-News files state.

In her ruling, Robinson included a second case filed against the school
district by Hollister Gardner's aunt and uncle. The case was on behalf of
Molly Gardner, a senior, and Colby Gardner, a sophomore.

The uncle, Dan Gardner, attended the meeting and said he wasn't surprised
by the school board's decision to appeal.

Attorneys involved in a similar case with the Lockney Independent School
District took differing views on Robinson's ruling.

In March, a suit was filed by seventh-grader Brady Tannahill and his
father, Larry Tannahill, challenging the district's mandatory drug-testing
policy, Globe-News files state. Under the policy, students who fail to
submit to a drug- and alcohol-screening are subject to punishment, as are
those who test positive.

Larry Tannahill refused to sign a permission slip in February for his son
to take the drug test, files state. The board adopted the policy in
November 1999 and started testing in February.

Michael Linz, Tannahill's attorney, said he believed that Robinson's ruling
could help his case.

"The global drug testing of all extracurricular students is
unconstitutional," Linz said. "Judge Robinson recognized that and likewise
(Northern U.S. District) Judge (Sam R.) Cummings will recognize that in the
Lockney case."

Bob West, an attorney for Lockney ISD, said he read the opinion and thought
it wouldn't have any effect on the Lockney case.

"Certainly, it's not binding," West said. "The judge may be persuaded by
this opinion, but Judge Cummings is not bound by this opinion. The judge
could rule just the opposite."