TECUMSEH DRUG TEST POLICY RULED UNCONSTITUTIONAL

The court fight over the Tecumseh Public School District's drug testing
policy has resulted in a federal appeals court ruling Wednesday that the
drug testing policy is unconstitutional.

The fight may not be over because the school district has 14 days to
file a petition for a rehearing of the case.

The Tecumseh School Board will gather for a special meeting in the next
few days to address the district's next move, Superintendent Tom Wilsie
said.

In a 2-1 ruling Wednesday, a three-judge panel of the 10th U.S. Circuit
Court of Appeals ruled that the drug policy of the Tecumseh School
District violates the Fourth Amendment's protection against unreasonable
searches.

Further, the ruling said, the school board did not demonstrate a need to
require drug tests for all after-school activities.

Schools "must demonstrate that there is some identifiable drug abuse
problem among a sufficient number of those subject to testing, such that
testing that group of students will actually redress its drug problem,"
the majority wrote.

Tecumseh Public Schools requires athletes, as well as others, including
members of the academic team, choir, FFA and Future Homemakers of
America to take drug tests.

"It is difficult to imagine how participants in (those activities) are
in physical danger if they compete...while using drugs, any more than
any student is at risk simply from using drugs," two of the judges
wrote. "In essence, (the testing policy) too often simply tests the
wrong students."

The panel's decision Wednesday reversed a previous ruling by U.S.
District Judge David L. Russell in March 2000. That ruling upheld the
district's drug policy, saying the district was warranted to conduct
drug testing.

But the Denver appeals panel rejected Russell's argument, which noted
the devastating effect of illegal drugs -- ruling that the drug policy
was not designed with students' health in mind. If it was, the judges
wrote, then all students -- not a certain group of students -- would be
tested.

In Wednesday's ruling, Appellate Judge David Ebel dissented, saying the
decision would require schools to prove drug use among a group of
students before implementing random drug testing.

Ebel said he encourages the school district to ask all nine full-time
judges of the court to reconsider Wednesday's decision. He said the U.S.
Supreme Court may need to resolve "the important constitutional issue
presented in this case."

Wilsie said he knew nothing about the court's decision until a reporter
called him at home Wednesday evening.

The superintendent said drug testing has been continually administered
this school year. Wilsie said he wasn't sure if the district would stop
testing immediately or if the district would appeal the court's
decision.

That decision will be up to the school board, he said.

Wilsie noted that, because one judge on the panel recommended the
district seek reconsideration from the complete panel of the 10th
circuit, the board will visit with the school district's attorney at an
upcoming special meeting to evaluate a direction in the case.

Linda Meoli, the board's attorney, said Thursday that the Tecumseh
School Board has 14 days to file a petition for rehearing. Meoli said
she expects to meet with the board next week.

Because the dissenting judge encourages the board to file a petition of
rehearing, Meoli also seemed encouraged, adding that she never wants to
go against a judge. The attorney said she would read the complete 10th
Circuit ruling and meet with the school board to discuss its next move.

Until then, Meoli said, the district, if it chooses, could continue with
drug testing.

"Technically, this opinion doesn't go into effect for seven days," Meoli
added.

The Tecumseh School Board adopted its drug policy in September 1998.
Geared to test students involved in extra-curricular activities --
specifically non-athletic activities -- the drug testing policy came
under scrutiny in fall 1999.

At that time, high school students Lindsay Earls and Daniel James
challenged the policy, with the backing of the American Civil Liberties
Union.

Earls was a member of the show choir, marching band and academic team,
while James was a member of the academic team.

The lawsuit alleged that portions of the district's drug testing policy
violated the students' rights to be free from unreasonable searches.

The Tecumseh School Board temporarily suspended its drug testing policy
at a special board meeting in August 1999 when the suit was filed.

Following Russell's March 2000 decision in favor of Tecumseh, the school
district re-instated its drug testing policy and testing has continued
this school year, Wilsie said.

Although the appeals court disagrees with the district's drug testing
policy, Wilsie said, many parents have been in favor of it and it has
garnered community support.

During a special public meeting in August 1999, a group of parents and
community members showed support of the drug testing policy during the
public comments portion of the meeting.

While it seems the case has continued a long time, Meoli said that,
compared to many other court cases, this one has gone remarkably fast.

She said she originally had hoped the appeals court would make a
decision by the beginning of the fall 2001 semester.

This week's 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, which covers Indiana, Illinois
and Wisconsin, and the 8th U.S. Circuit Court of Appeals, which covers
six Midwestern states and Arkansas, have upheld similar drug-testing
policies.

The U.S. Supreme Court in 1995 upheld random testing for student
athletes.