L-E MULLS DRUG TESTING POLICY

The Liberty-Eylau school district may discontinue or change its drug
testing program this year in the wake of recent judgments against districts
with similar policies.

Four years ago, the high school began testing all students who participated
in extracurricular activities and any other student who volunteered for the
testing.

Superintendent Don Rader said the program has been successful and enjoys
communitywide support.

"We've had excellent results," he said. "But we're going to have to
evaluate it before next year."

The district's attorney, John Mercy, recently informed the district that
after studying the issue, he didn't believe the program in its current form
would pass a constitutional challenge.

At issue is the Fourth Amendment, which protects against unreasonable searches.

Courts have ruled that urine tests constitute searches, and schools do not
have the right to search students without suspicion.

Part of Mercy's opinion, in a letter to the district, stemmed from a recent
case against the Lockney, Texas, school district, which instituted a policy
to test all students from seventh through 12th grades.

Those students who refused to be tested could not participate in
extracurricular activities.

A parent filed a lawsuit against the district, and a federal judge ruled in
favor of the parent.

The school district did appeal to the 5th U.S. Circuit Court of Appeals but
has since dropped its appeal, according to the Lubbock Avalanche-Journal.

About 10 years ago, the 5th Circuit Court did rule against suspicionless
drug-testing of students in a case involving the East Chambers, Texas,
school district.

That district tested all students in grades six through 12 who wanted to
participate in extracurricular activities. But the court ruled the district
had to show there was a major problem of drug abuse among students in the
extracurricular programs.

Rader said one change the Liberty-Eylau district may make is to test only
students who participate in athletics, as the U.S. Supreme Court ruled in
1995 is acceptable in public schools.

The Queen City school district will begin testing athletes this fall.

Two other school districts in the area, Redwater and Simms, test all
students who participate in extracurricular activities.

The administrative offices were closed Friday, so officials in those
districts could not be reached for comment.