SCHOOLS GIVEN A 'GREEN LIGHT' FOR DRUG TESTS

Indiana Districts Now May Adopt Or Expand Policies Approved By U.S. Supreme
Court

A U.S. Supreme Court ruling Thursday that supports random drug testing of
students in competitive extracurricular activities could lead to more
Indiana districts testing for drugs or expanding current policies.

The court's 5-4 decision is in line with an Indiana Supreme Court ruling
last March that also found drug testing is a reasonable means of deterring
drug use without violating students' constitutional right to privacy.

Supporters of drug testing were pleased that the U.S. Supreme Court
broadened its 1995 ruling allowing testing only for student athletes.

But others worried about further erosion of students' rights that could
affect millions of athletes and club participants, who are estimated to
make up more than half the nation's 14 million high school students.

"I am disappointed," said Rosa Linke, a junior at Kettering University in
Flint, Mich. A 1999 lawsuit filed by Linke and her sister Reena against
Northwestern School Corp. in Howard County led to the Indiana Supreme Court
ruling.

"I truly believe that the courts should hold the civil liberties and rights
of students in high regard," said Linke, who submitted to a drug test in
high school so she wouldn't have to drop out of activities. She passed.

In Indiana, 70 of 294 school districts had random drug testing policies in
the fall of 2000, when an Indiana appeals court found them
unconstitutional. However, a few have not reinstated their policies since
the top state court's ruling. Of the 70 districts, 29 randomly tested only
athletes, while the rest also tested those who drove to school and
participated in activities.

"Certainly the green light has been given," said David Emmert, general
counsel for the Indiana School Boards Association. "We might see a few go
ahead to expand testing to all extracurricular activities. But I'm not
necessarily convinced there will be a jumping on the bandwagon as a result
of the Supreme Court ruling."

Still, Kenneth Falk, an attorney for the Indiana Civil Liberties Union,
which represented the Linkes, worries that districts won't stop at just
testing students in activities.

"People will be tempted now to argue they should be able to test all
students," said Falk.

The U.S. Supreme Court's decision didn't go that far. But several justices
have indicated they are interested in answering that question at some point.

During oral arguments in March in the case, an attorney for the Bush
administration argued in favor of universal testing.

The court ruled against a former Oklahoma high school honor student who
sued over what she called a humiliating and accusatory policy, although she
tested negative for drug use.

The school system policy, which had been struck down by a federal appeals
courts, covered a range of voluntary clubs and sports, including the FFA,
cheerleading and football.

In central Indiana, some districts plan to consider a random testing policy.

More than nine districts have policies, including Speedway Schools in
Marion County, which tests only athletes. Decatur Township Schools will
consider reinstating its policy during the next school year.

Now that the high court has ruled, Indianapolis Public Schools
Superintendent Duncan Pat Pritchett says the district will look at the
issue, but not immediately.

Middle and high school principals in districts with policies are convinced
they deter drug use, said Emmert.

Last June, a Ball State University study showed that school districts that
dropped random testing after the Indiana appeals court ruling experienced a
sharp increase in alcohol and drug-related suspensions and expulsions.

Despite the legal battle, Northwestern School Corp. Superintendent Ryan
Snoddy doesn't have any regrets about his district's policy, which results
in testing 200 to 300 students a year at a cost of $25 each.

"We've had some pretty tragic things happen because of substance abuse," he
said. "If we can prevent that for somebody, I think that's reason to do it."

But Linke, now an engineering major, said students shouldn't be forced to
give up their rights just because they want to participate in school
activities.

She said she sided with Justice Ruth Bader Ginsburg's arguments in a
dissent that student participation in activities isn't totally voluntary,
but a necessary step to further their college careers and lives.

"The particular testing program upheld today is not reasonable," wrote
Ginsburg. "It is capricious, even perverse."