HONOR STUDENT CHALLENGES SCHOOL-MANDATED DRUG TEST

Amie Simmons, a Newton High honor roll student who has never received a
detention, is facing a slew of punishments for refusing to agree to
school-mandated drug testing.

Her father, Mack Simmons, believes she is doing the right thing by refusing
the test.

Like other parents in the Newton Independent School District, he says the
new drug-testing policy is unconstitutional.

"They are violating my constitutional rights, and hers too," Simmons said.

In April, the Newton school board adopted a policy requiring random drug
testing for students in grades six through 12 who drive to school or
participate in athletic activities.

This school year, students in the district must sign a form agreeing to be
tested in order to receive a parking permit or play school sports. Parent
signature is also required on the form.

"I'm one of the hard-headed ones who's not going to sign onto it," said
Simmons, who also has a son at Newton High School.

On March 1, U.S. District Judge Sam Cummings of Lubbock ruled that Lockney
Independent School District's mandatory drug testing of all students in
grades seven through 12 violated the Fouth Amendment right against illegal
search and seizure.

Nevertheless, the Bridge City, Little Cypress-Mauriceville, Evadale,
Deweyville and Newton districts all have student drug testing in place.

In Newton, 10 students will be randomly drawn each month for testing from
the pool of students who have turned in their forms, said Gene Isabell, the
district's superintendent.

"I don't have a problem with drug testing," said James Hughes, a school
board member. "I have a problem with stomping on the Constitution."

Hughes said he will not sign his high school daughter's form either.

But so far, 191 of the high school's 375 students are in the pool, Isabell
said. Numbers for the middle school are not yet available, he said.

"I feel like I'm being violated," Amie said. "I think it's unfair because
it 's like we're getting punished for something we didn't do."

Amie drives to school without the required permit and has no plans to stop
doing so, she said.

The school district has a four-tier plan to discipline illicit drivers like
her.

First, they are called to the office and receive a written warning, Isabell
said. They are placed in morning detention for the second offense.

Parents are required to pick up their child's vehicle from school on the
third offense, he said. And if students continue to drive to school without
the permit, their driving privileges are suspended for the semester.

Isabell said the policy is meant to benefit the students.

"We wanted to start a program to ensure safety," he said.

Isabell said drugs dull the senses of athletes and drivers, increasing the
likelihood that they injure themselves or someone else.

In addition, he said, the policy makes it easier for a student to say no to
drugs.

But other parents say they should be responsible for keeping their children
out of trouble.

"I feel like they are intruding on my business as far as being a parent,"
said Gwen Bishop, who has two children in the school district. "If I have a
problem with my kids, I can buy a drug test."

Bishop also said she feels the policy discriminates against athletes and
drivers.

But the district is planning to expand the drug testing to other groups of
students, Isabell said.

Meanwhile, Simmons says he will pursue legal action if his daughter is
harassed or if she is forced into drug testing.

And Amie says she will not sign the form even though the policy means she
might not be able to play softball this year.

"I'm not a bad, criminal person," she said.