FIGHT TO BLOCK SON'S DRUG TEST GOES TO APPEAL

For the time being, the Lockney Independent School District has stalled
repercussions against a student who isn't allowed by his parents to submit
to a new mandatory drug screening.

Larry Tannahill refuses to sign a consent form that would allow the school
district to screen his sixth-grade son's urine for drugs, alcohol and
tobacco. Supt. Raymond Lusk said Tannahill has been given time to file an
appeal with the district.

"Mr. Tannahill has the chance to appeal to me, file a grievance with the
school board and go through that process," Lusk said. "It's really in his
court. We will follow our procedures."

Lusk didn't know how long the appeal process might take.

Refusal to be screened is considered by the district as a positive test.
Thursday marked the last day of initial testing, and Tannahill's son could
have faced three days of in-school suspension, a 21-day suspension from
extracurricular activities and three sessions of drug counseling.

Testing began in Lockney on Tuesday. Thus far, only Tannahill's son and a
few students who were absent have not been screened.

The American Civil Liberties Union may not wait for the school district to
resolve the matter.

"We're preparing to make sure that this will be acted on. We're
contemplating legal action," said Harvey Madison, a representative of the
Lubbock chapter of the ACLU.

"We're upset," he said. "This is exactly the kind of abuse the founding
fathers were trying to protect the people from when they wrote the Bill of
Rights. We do not live in a fascist country, and the government is not
entitled to simply declare that it can conduct intrusive searches of
everyone with no reason. Will we next have to submit a sample of urine to
vote or to renew our vehicle registration or to get into a post office?"

The U.S. Supreme Court has ruled that school districts can screen students
who participate in extracurricular activities, but the court said nothing
about screening all students.

"The government has to have a reason to search someone. The founding
fathers wisely put into the Constitution a provision that protects students
from unreasonable search," Madison said. "I think this new policy will be
quickly dispatched to the dust bin of awful ideas."

Rod Schoen, a recently retired law professor at Texas Tech who specialized
in constitutional law and public education law, contends that the district
is in violation of the Fourth Amendment.

"In my opinion, the program is unconstitutional," Schoen said. "(The urine
sample) is taken without any suspicion that any student is impaired or
using drugs."

Even with a signed consent from parents, Schoen said, the school district
won't be able to protect itself from potential lawsuits.

"I have a lot of admiration for Mr. Tannahill for standing on principle and
objecting to the Lockney plan," Schoen said.

The Lockney district isn't the first on the South Plains to implement such
a policy. Students who wish to participate in extracurricular activities in
Post and Tulia must submit to a screening.

The Sundown school district is in its second year of screening all of its
students, something the superintendent said has provoked no complaints.

"Our parents and our community were extremely involved in the establishment
of this particular policy. They have given our kids 100 percent support
during this time," Supt. Mike Motheral said.

Fewer than 10 tests have turned up positive results, he said.

"We've got to feel that as a community, it's our privilege and our
responsibility to do everything we can for kids," he said.

Lusk contends that the main reason for implementing the policy was to deter
students from using drugs.

Schoen agreed that the chance of being tested in school may deter kids from
using drugs, "but we just don't throw out all of our basic civil
liberties," he said. "Though all my children are adults, if I thought one
was using drugs I could handle that on my own. That's the most dangerous
thing, to get a perfect world we abandon all civil liberties."

Random testing is scheduled to begin in Lockney next month.

"As far as the testing goes, it's been very positive and it's gone smooth,"
Lusk said. "The only thing that's damaged the integrity of our testing is
the overwhelming presence of the media."

A lawsuit filed against the Tulia school district is pending in Amarillo's
federal court. Until the suit is settled, students there are still tested
if they wish to participate in extracurricular activities. Tulia Supt. Mike
Vinyard said the threat of lawsuits shouldn't force school districts to shy
away from implementing drug testing.

"I think if a community perceives a need for it and they have a problem and
they want to protect their children, they then should go ahead and do it,"
Vinyard said.

Meanwhile, Tannahill said he's satisfied with the district holding off
punishments on his son until an appeal is filed.

"It's giving me more time, and yes I am very happy because it's keeping my
son in school and keeping him up on his academics," Tannahill said. His son
has taken some criticism from peers at school but remains a "trooper,"
Tannahill said.

Tannahill said he planned to meet with Lusk this morning to discuss the
appeal process.

Linda Kane can be contacted at 766-8754 or lkane@lubbockonline.com