LOCKNEY ISD DENIES DRUG TESTING DEPRIVES LUBBOCK
STUDENT OF CONSTITUTIONAL RIGHTS

LUBBOCK, Texas - The Lockney Independent School District on Tuesday
said their mandatory drug testing program does not violate the
constitutional rights of a sixth-grader whose father filed a lawsuit
against the policy in March.

Brady Tannahill's father, Larry, and the American Civil Liberties
Union filed a lawsuit on behalf of Brady after the district said it
would punish him for not taking the test. Larry Tannahill had refused
to sign the consent form allowing the test.

The lawsuit said the across-the-board policy violated Tannahill's
right to be free from unreasonable search and seizure as guaranteed by
the Constitution. The policy states that "any refusal by the student
and/or parent to sign the consent form will be treated as a positive
test."

The school district filed a response to the lawsuit in federal court
Tuesday, saying the policy is the community's solution to a drug problem.

The policy says students who test positive or refuse a test must
undergo monthly drug tests for a year while facing escalating
punishments each time there is a positive test or a refusal.

Brady was the only drug testing holdout of the 400 students in grades
6 through 12 in the small farming community, located an hour north of
Lubbock.

He faces a 21-day suspension from extracurricular activities, at least
three days' in-school suspension and three sessions of substance-abuse
counseling because his father refused to sign the consent form in
February, when the policy was implemented.

Both sides agreed Brady will not be punished until the lawsuit is
fully litigated. Less than three weeks after the lawsuit was filed,
the school board declined to act on an appeal of Brady's punishment
filed by his father.

"My son is an A and B student," Tannahill said in February while the
drug tests were being conducted. "He's never been in trouble, and
right now they are saying he's guilty."

The test policy was widely supported in the community. During a March
school board meeting, many of the 400 in attendance wore red and white
T-shirts that said, "We asked for it. LISD delivered it. We appreciate
it."

School District superintendent Raymond Lusk said during the meeing
that the policy was needed to "provide an optimum education."

Sundown School District, located south of Lubbock, has a similar
mandatory drug testing policy which has never been challenged.