APPEAL TESTING CASE

In our opinion, U.S. District Judge Mary Lou Robinson erred when she ruled
Friday that "the mandatory random, suspicionless drug-testing program for
all students participating in extracurricular activities at Tulia
Independent School District is violative of the Fourth Amendment."

When Tulia's school trustees meet this morning, we hope they will vote to
appeal the case. Other circuit court decisions on similar issues have been
decided in favor of allowing mandatory and random drug testing, increasing
the likelihood that Judge Robinson's decision could be overturned. This
case needs to be appealed.

In this case as well as a similar case involving the Lockney Independent
School District, we have expressed support for mandatory and random drug
testing for students who choose to participate in extracurricular
activities such as athletics, band, choir, UIL events, work programs or
clubs. We continue to oppose mandatory and random drug testing for all
students.

While the Fourth Amendment does protect against unreasonable searches, we
believe that it is reasonable to require a person who chooses to
participate in an activity to submit to drug testing. Just as an employer
may require an employee who chooses to accept a job to submit to drug
testing, a school district may require a student who chooses to participate
in an extracurricular activity to submit to drug testing.

The Fourth Amendment allows mandatory and random drug testing when one
voluntarily submits to an authority.