STUDENT FILES CROSS APPEAL ON JUDGE'S DRUG POLICY RULING

TULIA - Hollister Gardner filed a cross appeal last week with the 5th
Circuit Court of Appeals in New Orleans disputing some findings by U.S.
District Court Judge Mary Lou Robinson.

Robinson should have awarded Hollister Gardner damages, raised his high
school grades and found the Tulia Independent School District board in
violation of the Texas Open Meetings Act, according to Gardner and his
father, Gary Gardner.

On Nov. 30, Robinson ruled in favor of Hollister Gardner and his cousins
Molly and Colby, who filed lawsuits in January 1997 to protest the school
district's "mandatory, suspicionless" drug-testing policy. Hollister
Gardner has since graduated from Tulia High School.

Robinson ordered that the school district not drug test Molly Gardner, a
senior, and Colby Gardner, a sophomore. The judge also ruled that the
Gardners can recover their court costs from the school district and its
trustees.

But Robinson turned aside some of Hollister Gardner's claims and did not
award him any damages in her ruling, according to court documents.

"He thought that he'd be entitled to some damages," Gary Gardner said
Monday. "They hurt his reputation, hurt his grades, which affected his
ability to finance his college education. The money he spent fighting this
in court affected the kind of car he drives."

Hollister Gardner alleged that his grades were harmed when the principal
refused to excuse absences in retaliation for his suit against the board
and that the principal and the board treated him differently than other
students, according to the ruling.

"I feel like it did (damage his grades). Everyone looks at those grades and
they say he couldn't hack it his senior year," Hollister Gardner said
Monday. "It's just something I don't want on my record."

Gardner, 21, is a senior at Angelo State University in San Angelo, pursuing
a major in sociology and a minor in psychology.

Gardner missed two full school days and certain classes on three other days
for matters concerning the case, according to Robinson's ruling.

The absences were unexcused and he was not permitted to make up the work
and received failing grades that lowered his overall grades, the ruling stated.