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LOCKNEY STUDENT NOT FORCED TO TAKE DRUG TEST DURING SUIT

LUBBOCK - The Lockney Independent School District's mandatory drug-testing
policy will not be enforced for the student named in a lawsuit against the
district until the lawsuit is settled, lawyers said Tuesday.

Brady Tannahill, who will enter seventh grade in the fall, neither will be
forced to take the drug test nor will he be punished for refusing to do so,
according to a stipulation filed Monday in the U.S. District Court for the
Northern Division of Texas in Lubbock.

Tannahill's father, Larry Tannahill, refused to sign a permission slip in
February for his son to take a school-mandated drug test with 200 other
students.

The American Civil Liberties Union filed a lawsuit against Lockney
Independent School District in March, charging that the drug policy is
illegal based upon the Fourth and 14th Amendments against unreasonable
search and seizure.

ACLU attorney Michael Linz and Lockney ISD attorney Don Henslee said the
paperwork filed was a formalization of a gentlemen's agreement made at the
start of the case.

"It saves both parties time and energy," Linz said from his office in
Dallas.

Linz said now the ACLU does not have to file a temporary injunction or
restraining order against the school district's drug-testing policy.

"There's no real reason (why we did it now)," Henslee said from his Austin
office. "The Lockney school board agreed to the stipulation because (it)
thought it was the right thing to do."

The stipulation, an agreement between lawyers on both sides of a case,
reads: "The parties hereby stipulate that Defendants (Lockney ISD school
board members) will not enforce the Lockney ISD Drug Testing Policy against
Plaintiff (Brady and Larry Tannahill) pending a decision by the Court on the
merits of this case."

Both sides are working to see whether they can avoid going to court for a
trial.

Henslee said a trial can be costly. Henslee and Linz have until Nov. 15 to
file motions for summary judgment if agreements on points of law and
stipulations can be made, according to a court order issued by Northern
District Judge Sam R. Cummings last month.