COURT LIMITS SCHOOL DRUG TESTING

Students must submit to testing only if there is suspicion of use, Indiana
appellate judges rule.

The Indiana Court of Appeals struck down random drug testing in Hoosier
classrooms Monday, saying students can't be forced to face such tests in
exchange for driving privileges, playing sports or taking part in
after-school activities.

A student can be subjected to drug testing only if school officials have
reason to believe the youth is using drugs, the court said in overturning
the drug-testing policy of Northwestern Schools near Kokomo.

School officials saw Monday's unanimous decision as a serious blow to
keeping students off drugs.

"This is a very damaging decision at a time when we're charging school
officials with greater responsibility for the health and safety of our
children," said Frank Bush, executive director of the Indiana School Boards
Association. The group's legal experts will review the decision and then
issue advice to school districts.

Random drug-testing programs have become common in Indiana during the past
several years, although no one at the state level keeps tabs on how many
districts participate.

However, based on applications for federal anti-drug grants, at least 26
percent of Indiana school districts -- or about 73 -- have some form of
drug testing, said Steve Koch, a consultant with the Indiana Department of
Education.

But Monday's decision poses a significant threat to programs in districts
such as Washington Township, Hamilton Southeastern, Anderson, Lafayette,
Center Grove and Brownsburg. These districts will have to modify or suspend
their programs -- or keep them and risk being sued for knowingly violating
students' constitutional rights, said Ken Falk of the Indiana Civil
Liberties Union.

The three appellate court judges ruled that Northwestern Schools violated
the Indiana Constitution's protection against unreasonable searches by
requiring random drug tests of any student who drives to school, plays
sports or participates in after-school activities.

Other districts that test for drugs only if there's suspicion -- such as
Lawrence Township and Westfield-Washington -- are not affected. Also not
addressed in the suit were random drug-testing policies that companies may
enact for their employees.

"This is significant. This is now the law in Indiana," said Martha
McCarthy, an education law professor at Indiana University. "When you have
a policy that tests students who drive and those in extracurricular
activities -- that's most of your school. This court is making a statement
regarding our state constitution."

The ruling caught many experts by surprise because random drug testing has
been upheld on the federal level.

But the appellate court ruled that the Indiana Constitution is broader than
the U.S. Constitution when it comes to searches. Indiana's requires
individual suspicion to exist before someone can be searched -- or randomly
picked for a drug test.

Northwestern's reason for drug testing -- to prevent future tragedies --
isn't a good enough reason to subject most of the student body to testing,
the judges stated.

The ICLU sued last year on behalf of two Northwestern High School students,
Rosa Linke, now 18, and her sister Reena, now 15.

A trial court in Howard County upheld the school's drug-testing policy, but
the appellate court reversed the decision.

Lawyers for Northwestern Schools said they didn't know whether the district
would appeal.

Though proponents of random drug testing say students aren't forced to
participate in after-school activities, Rosa Linke said today's
college-bound teen-agers have little choice. She and her sister still
participated in National Honor Society, prom committee and Fellowship of
Christian Athletes, but they wrote letters of protest.

"Schools put a stipulation on students by saying in order to make yourself
the kind of person who can get into college, and get a scholarship, you
have to submit to a random drug test," said Rosa, who graduated earlier
this year and now is studying computer engineering at Kettering University
in Flint, Mich. "I have the right to take the position that I will not pee
in a cup for them."

Others see it differently.

"These things are a privilege, and they're not a privilege for people who
break the law and come to school stoned," said Sandra Bennett, current
director for the Northwest Center for Health and Safety in LaCenter, Wash.

This ruling could produce ripple effects that are felt beyond the student
body. Random locker searches by drug-sniffing dogs could be in question,
along with random drug tests of school bus drivers, said McCarthy, the IU
law professor.

School officials in Edinburgh in southern Johnson County will be examining
the opinion to see whether it could affect their decision to test their
athletic coaches for drugs.

"We do believe that it is an important aspect of protecting the safety of
student athletes, due to the significance of decisions made by coaches,"
said Edinburgh Superintendent Ron Mayes, whose district also tests athletes.

Drug testing is becoming increasingly popular as schools struggle to keep
students away from illegal substances -- and catch them when they start
using. Drug testing started with high school athletes, but the programs
have been expanded to include middle schoolers, student drivers and those
who participate in activities ranging from French club to choir.

Carmel-Clay school officials felt random drug testing was an unnecessary
invasion of privacy -- so they only test students if they suspect drug use,
said Kevin Rowe, the district's student assistance program coordinator.

But school districts that randomly test students see the benefits -- and
want to keep testing.

Walt Aldorisio, who supervises drug testing in Center Grove, said the
district will be looking for advice from its attorney and legal counsel
from its insurance company, which would shell out money of its own if the
district lost a lawsuit. His district tests about 800 kids a year -- or
half of the 1,600 who are in the drug-testing pool.

"We'll make adjustments if we have to," he said. "We're going to follow the
law."