DUNELAND SUSPENDS DRUG TESTING

CHS Students Won't Face Random Tests This Year In Wake Of Appellate Court
Ruling.

CHESTERTON -- The Duneland School Corp. has indefinitely suspended its
student drug-testing policy after an Indiana Court of Appeals decision
handed down Monday deemed a similar program unconstitutional.

The program had been under discussion Monday evening at the last Duneland
School Board meeting. Without knowing about the court ruling earlier that
day, the board had tabled a vote until its next meeting Sept. 5 on whether
to continue the testing program for a second academic year.

Now, "There'll be a report to the board, so that we can put it officially
on the record ... but there won't be any board action, because there won't
be anything to act on," Superintendent H. Stephen Hewlett said.

Hewlett and other officials learned of the court decision, which
specifically involved the Northwestern School Corp. of Kokomo, Tuesday
morning. The unanimous ruling labeled the Kokomo program an unreasonable
violation of privacy.

Hewlett said the program, which sparked some controversy among Duneland
parents when it was initiated, is only "on hold," not terminated. It could
be considered for reactivation, based on the results of any appeals that
may take place, he said.

The decision to suspend the program, which affected Chesterton High School
students participating in athletics and other extracurricular activities,
does not undo any plans that have already been made, Hewlett said.
Officials had not yet scheduled the Michigan City testing laboratory that
administered the drug screens to generate the new list of those to be
tested this year.

Jeanne Hayes, coordinator of the school district's Positive Life Program,
said she had not yet begun the application process for the grants that
funded a portion of the drug-testing program.

"I never assume things are going to be approved until they actually are,"
Hayes said.

The Positive Life Program will continue its efforts in the area of
anti-drug education in the schools, Hayes said.

Hayes said most of the community response to the program had been in favor.

Although a small yet vocal group of parents had spoken against it, "Shortly
after it was passed, I had probably 20 calls in favor," including several
parents who volunteered to have their children tested.

Several members of the faculty also volunteered to be tested, although they
didn't have to be, Hewlett said.

One of those parents opposed to the program, Bill Barkow, who earlier this
week had told the board he thought the tests were a Fourth Amendment
right-to-privacy violation, expressed relief at the state court decision.

"They have the right to try to protect school property from drugs. I have
no problems with using dogs going up and down the hallway, if that's what
they want to do," Barkow said. "But if we're trying to treat our kids to
respect others and respect their rights, how do we do that if we don't
respect theirs?"

Barkow is the father of a 2000 CHS graduate, and has another child in
eighth grade at Westchester Middle School. His older son, a participant in
band and speech and debate, was in the pool of candidates to be tested, but
wasn't selected.

"It bothered him that he might have to do this. He is a good boy. He
thought: 'Why should I have to prove I'm innocent? Why don't they just
trust me?'" Barkow added. "I thought it was wrong that his own school made
him feel that way."