TECUMSEH SCHOOL BOARD TO APPEAL DRUG TESTING DECISION

The Tecumseh School Board voted unanimously Thursday night to appeal a
federal court ruling that deems the district's drug testing policy
unconstitutional.

The board met in a 45-minute executive session with attorney Linda Maria
Meoli of The Center for Education Law.

The board later passed a swift motion to direct its attorney to proceed
with the appeals process in the litigation of Earls vs. Tecumseh.

Meoli said she will file a petition for rehearing with the 10th Circuit
Court of Appeals.

That petition must be filed within 14 days of that court's ruling, she
added. The district's drug policy was ruled unconstitutional March 21 by
the U.S. 10th Circuit Court of Appeals. The 2-1 ruling overturned a
previous ruling in March 2000 by a U.S. district judge that upheld the
district's policy, saying it was warranted in conducting drug testing.

But the appeals panel didn't agree, although one judge dissented.

The dissenting judge, David Ebel, encouraged the district to ask all nine
full-time judges of the court to reconsider last week's decision.

Superintendent Tom Wilsie said following the meeting that the district
feels comfortable in proceeding with the appeal.

"The dissenting judge felt strong about this," Wilsie said. "It's something
we want to explore."

Ebel said the U.S. Supreme Court may need to resolve "the important
constitutional issue presented in this case."

The district's drug policy, which tests students involved in all
extracurricular activities, has been in litigation since fall 1999. At that
time, two high school students, with the backing of the American Civil
Liberties Union, challenged the policy. They alleged that portions of the
policy violated the students' rights to be free from unreasonable searches.

So far, costs of defending this case have totaled about $75,000, Wilsie
said. But, he added, the district has had no monetary expense out-of-pocket
since the district's insurance policy covers such fees up to $100,000.

The last drug test administered to a Tecumseh student happened about two
weeks ago, Wilsie said.

When asked if the district has suspended testing, Meoli said, "the policy
is unconstitutional," and we'll "abide by the court order."

There is no definite answer on a timeline of this appeals process, she added.

Meoli said once the petition for rehearing is filed, it could take two days
or six months for word from the 10th U.S. Circuit Court of Appeals.

"I hope they're quick," Meoli said.

The meeting, attended by faculty and school principals, also included three
members of the public.

Jay Seikel, a Tecumseh resident and parent of two Tecumseh students, said
he was pleased with the board's decision.

"I think it's the right approach in this day and time," Seikel said.

"I don't know a better way to deter usage," Seikel said, commenting that
drug testing is a way to curb the problem before it comes up.

Seikel said both of his children -- a seventh-grader and a junior -- are
involved in sports. Both have been tested by the district for drugs, he
said, and neither had a problem with it.

Seikel said he originally supported drug testing of all students.

While the drug testing for athletes is not the issue in this case, the
testing of students involved in activities such as FFA, the academic team,
show choir, and FHA, to name a few, have been the center of controversy.

The 10th Circuit's ruling that drug testing policy is unconstitutional,
concluded the policy violates the 14th Amendment.

The drug policy was implemented Sept. 14, 1998.

According to the court documents in this case, Assistant Superintendent
Danny Jacobs testified that 243 students were tested under the policy in
the 1998-1999 school year.

Of those, three students tested positive for drug use. Two of the students
were involved in FFA and in sports, court records indicate.

Jacobs also testified that of 241 students tested in 1999-2000, one tested
positive for drug use, according to court documents. The student in
question reportedly played softball, court records state.

Overall, the decision by the 10th U.S. Circuit Court of Appeals differs
from other appeals courts on the drug testing issue.

The 7th U.S. Circuit Court of Appeals, covering Indiana, Illinois and
Wisconsin, as well as the 8th U.S. Circuit Court of Appeals, which covers
six midwestern states, have upheld similar drug testing policies.