TULIA SCHOOL BOARD EYES POSSIBLE APPEAL OVER DRUG-TEST RULING

TULIA - Tulia school board members will meet Tuesday to decide whether to
appeal a court ruling against Tulia Independent School District's
drug-testing policy.

U.S. District Judge Mary Lou Robinson on Thursday ruled in favor of
Hollister Gardner and his cousin Molly Gardner, who filed the suit in
January 1997 to protest the Tulia Independent School District's "mandatory,
suspicion-less" drug-testing policy.

Under the program, anyone in junior high 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.

Superintendent Mike Vinyard said the school board will meet Tuesday to
discuss the ruling and decide whether to appeal Robinson's decision to the
5th U.S. Circuit Court of Appeals in New Orleans. For now, the drug-testing
policy is still in place, but Robinson could halt the testing, Vinyard said.

"I was somewhat surprised that she ruled against us after leaving the
program in place for so long," Vinyard said. "She has not issued her
judgment yet, but I suspect she will enjoin the program (to cease testing)."

The school district started its drug-testing policy in January 1997.

Hollister Gardner said Sunday that the ruling could be important to other
school districts in the state considering the drug testing of students.

"I think it's good we won," he said. "It's a good ruling."

Hollister Gardner, 21, is a senior at Angelo State University in San Angelo
and majoring in sociology and psychology. Hollister Gardner acted as his
own attorney during the case and said he learned a lot through the experience.

"Well, it was kind of weird suing people and then having everyday dealings
with the administrators," he said.

Hollister Gardner and his father, Gary Gardner, said they expect the school
board to appeal. Gary Gardner was a member of the school board at the time
the policy was being planned, but he opposed it.

"We think constitutional-wise, she got it just right," Gary Gardner said of
the ruling.

Not all of Hollister Gardner's claims were approved by Robinson. The judge
denied his request that his grades be raised, according to the ruling.
Hollister Gardner asked for the grade increase because he was given failing
grades for classes he missed while working on the lawsuit. His absences
were unexcused.

Robinson said there was no evidence that his absences were treated any
differently than absences by other students.

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.

"We were very, very pleased and excited," Molly Gardner said Sunday. "It
had been so long, we had decided she wasn't going to rule."

Robinson heard arguments for the case in Amarillo in August 1999. Attorneys
for the school board filed a writ of mandamus in October to force Robinson
to make a ruling.

Students only discuss the drug testing when the tests are being conducted,
Molly Gardner said.

"I hear people saying 'I hate doing this, I wish we didn't have to do it,"'
she said.

Morris News Service contributed to this report.