ACLU ENTERS LOCKNEY ISD DRUG-TESTING CONTROVERSY

LOCKNEY - The Lockney Independent School District's policy of
mandatory personnel and student drug testing has come under fire from
the American Civil Liberties Union, while the school district
maintains it has violated no rights.

A letter dated Feb. 10 from ACLU attorney Michael Linz gave the school
until Feb. 23 to rescind the policy or face legal action. An ACLU
spokesman said the policy violates Fourth Amendment rights against
illegal search and seizure.

"It (the policy) is saying that we have to give up freedoms to be
safe," said Harvey Madison, spokesman for the Lubbock office of the
ACLU. "The ACLU thinks that's a bad trade."

The school district did not remove its policy by the deadline, and its
lawyers and Linz are in discussion at the moment, LISD attorney Don
Lenslee of Austin said Thursday. Lenslee said the school believes that
it has violated no laws.

"They have a sensible policy," Lenslee said. "They spent a great deal
of time on it, looking at what other school districts were doing and
seeking appropriate legal advice."

The school district started mandatory drug testing for all students
and school personnel at the beginning of February. The policy was
approved in November by school board members, who all took the drug
test, Superintendent Raymond Lusk said.

About 400 students provided urine samples to be tested at a lab in
Lubbock, Lusk said. He said some samples tested positive, but he did
not say how many.

Only one student, sixth-grader Brady Tannahill, has yet to be tested
because his father, Larry Tannahill, refuses to sign the consent form,
citing privacy issues.

According to school policy, not taking the test would equal a positive
test result. Brady Tannahill could face in-school-suspension, be
barred from extracurricular activities and be ordered to undergo drug
counseling, Lusk said.

He said in-school suspension is not a severe punishment.

"They no longer wear orange jump suits as reported," said Lusk, who
would not comment on the ACLU case. "They don't go around picking up
trash. They do supervised school work that is turned in to their
regular teachers."

While Larry Tannahill goes through a grievance process with the LISD,
Brady Tannahill will not be punished, attorneys said. Larry Tannahill
waits to be heard at a LISD school board meeting March 23, Madison
said.

According to Linz's letter, the policy would "severely punish and ruin
the life of a twelve-year-old boy who has been nothing other than a
model student."

If the policy is not overturned, Lenslee said the ACLU hinted it will
go to federal court. Madison said the case could go to the Supreme
Court.

The school district has no intention of backing down, Lenslee
said.

"They feel confident that what they're doing is sound and legal,"
Lenslee said.