PARENT PLANS TO SUE OVER DRUG TESTING

TULIA - The Tulia Independent School District may be facing yet
another lawsuit over its drug testing program after the school board
refused to exempt a student from the testing.

Alan Bean said Wednesday that he plans to file a federal lawsuit
within a week in an effort to prevent the school from testing his son
Amos Bean.

"I trust my son," Alan Bean said. "And if I had the power to force him
to submit to a drug test, I wouldn't do it because I feel it would
violate the trust I have with him. Because TISD is serving in loco
parentis, as a surrogate parent in my absence, I feel they should
honor my wishes."

Alan Bean appeared before the school board Tuesday night and requested
that his son be exempted from the policy. Bean said he based his
request on his belief that the drug-testing program violates his son's
constitutional rights.

Superintendent Ken Miller said the school board members Tuesday night
decided not to grant Bean's request because they feel the drug-testing
program is important and must be evenly applied.

"The decision was not to change any policy," Miller said. "The board
implemented the policy as an effort to help the kids stay drug-free,
to give them a way to say no."

The district's current policy requires that any student involved in
athletics submit to random drug testing.

Amos Bean said he decided to refuse to submit to drug testing on
principle, despite the fact that he may be unable to participate in
his normal sports of football, basketball and track. Amos Bean, a
15-year-old sophomore, submitted to testing last year but decided this
year to take a stand, he said.

"My parents had talked to me about it first, and I decided that this
was the right thing to do," Amos Bean said. "I feel that it infringes
on people's constitutional rights."

Miller said the district tests 10 percent of athletes every month,
which means Amos Bean theoretically could avoid testing by not being
selected. If Amos Bean is selected and refuses to take the test, he
would be unable to play any sport, Miller said.

Alan Bean said he would file the lawsuit whether his son is picked for
testing or not.

Bean's planned suit will be filed while the district is in the process
of appealing another suit on its policy.

U.S. District Judge Mary Lou Robinson ruled against the district in
November 2000, stating that "the mandatory random, suspicionless drug
testing program for all students participating in extracurricular
activities at Tulia ISD is violative of the Fourth Amendment."

Robinson ordered that the district not test plaintiffs Molly Gardner
and Colby Gardner. The district appealed the ruling and reinstituted
the program, stating that Robinson ruled only for the two students.