APPEALS COURT REJECTS SCHOOL DRUG-TEST POLICY

The Indiana Court of Appeals struck down a school policy of performing drug
tests on students participating in athletics and other extracurricular
activities but not suspected of using drugs.

Although some similar policies have been upheld in federal appeals courts,
the Indiana court ruled Monday that the state's constitution provides
greater protections against invasions of privacy.

It said the policy of Northwestern School Corp. in Kokomo "does not propose
a direct correlation between drug use and its need to randomly test the
majority of students for drugs."

The policy, which also applies to students who drive to school, became
effective in January 1999. It was adopted after two students died of drug
overdoses and a recent graduate was killed in a car accident involving the
use of inhalants.

The Court of Appeals said the school corporation was more concerned about
preventing future tragedies than combating an existing drug problem.

"This is an unmistakable move toward randomly testing all students," the
3-0 ruling stated.

The court remanded the case to Howard Circuit Court with instructions to
enter summary judgment for Rosa and Reena Linke. Rosa was a junior and
Reena was a freshman at Northwestern High School when they, through their
parents, sued last year.

The trial court denied summary judgment, and the Linkes appealed. They were
represented on appeal by the Indiana Civil Liberties Union, which argued
that suspicionless drug-testing policies in Indiana schools violated the
Indiana Constitution.

ICLU attorney Ken Falk said nothing prevents schools from testing students
who they suspect of using drugs, such as "someone who comes in and appears
to be stoned." But he said testing someone simply because they belong to
the French club was wrong.

Attorneys for the school corporation did not immediately return phone
messages seeking comment.

The policy at Northwestern School Corp. applies to students in grades 7
through 12. It says students wishing to participate in athletics, certain
extracurricular activities or drive to school must submit to random drug
testing.

If students are involved in the activities and do not consent to a drug
test, they cannot participate in performances or competitions taking place
outside of normal school hours.

The Linkes and their parents believed the policy violated their personal
privacy. Both students signed consent forms but objected to the policy.