THE RIGHT DECISION

The smell of marijuana on a student's clothing. Repeated incidents of bad
behavior. A pipe in a hallway locker. These are signs of drug use that merit
drug testing of Indiana students.

Playing basketball. Singing in the choir. Making the Brain Game team. These
are things we want our children to do, hardly cause for suspicion of drug
use.

In essence, that's what the Indiana Court of Appeals said Monday on the
issue of random drug testing of students who participate in extracurricular
activities or drive to school.

The court said the policy of Northwestern Schools near Kokomo violated the
Indiana Constitution's prohibition against unreasonable searches. The policy
established random urine tests of students who drive, play sports or
participate in after-school activities.

On its face, the policy is illogical. Why test for drugs the same students
who are filling their afternoons with wholesome activities? It's the ones
with too much time on their hands and too little adult supervision who are
most susceptible to the temptations of drug use.

Drug testing laws regarding students are still in the making. Monday's
decision hinged on language in the state constitution, which the judges said
offers broader protection than the U.S. Constitution.

The U.S. Supreme Court has allowed the testing of student athletes, but has
been reluctant to further broaden the power of school districts to test
students involved in other extra-curricular activities. Nearly two years
ago, a three-judge panel of the 7th U.S. Circuit Court of Appeals came to a
similar conclusion in a case involving the Anderson Community Schools.

The federal appeals court found that an Anderson High School freshman had
been wrongly expelled for refusing to take a mandatory drug test after he
served a five-day suspension for fighting. The court said that just because
a student gets into a fight doesn't establish "reasonable suspicion" that
drugs have been used. The Supreme Court declined to hear an appeal by the
school district in that case.

While the Indiana Court of Appeals made the right call, school
administrators are understandably frustrated by the confusing body of law on
drug testing students.

What constitutes reasonable suspicion? If schools can't test students upon
their return from a misconduct suspension, whom can they test? School
administrators could use some guidance. They must find effective ways of
combating student use of marijuana, which is rising, without infringing on
constitutional liberties. At least 26 percent of Indiana schools have some
form of drug testing, according to the Department of Education, and some of
those will have to modify their policies as a result of the decision.

Locker searches have been upheld and are an acceptable tactic for uncovering
drugs in school. But the very best tactic is to create a school environment
where every student is known by name and where teachers and administrators
are trained in recognizing the signs of drug use.