STUDENTS TESTIFY AGAINST DECISION ON ALCOHOL POLICY

FAYETTEVILLE - Students testified Friday in federal court about how
their futures could be adversely affected if a Eureka Springs School
Board's decision is allowed to stand.

Julie DuMontier, a junior at Eureka Springs High School, testified
that two colleges looking at offering her athletic scholarships were
expected to evaluate her performance in track this season. But they
can't watch her run because she won't be allowed on the team this
spring. DuMontier is among 28 Eureka Springs High School students
suspended more than two weeks ago after they confessed to drinking at
a Beta Club convention. A few days later the school district's board
voted 3-2 to affirm the district's policy on drug or alcohol use. One
board member abstained because his son was among the students who
admitted drinking. Under the policy students will be suspended for
five days and will not be allowed to take part in any school-sponsored
or Arkansas Activities Association-sanctioned events for the rest of
the school year. A student's stepfather asked the board to change the
alcohol and drug policy in the student handbook and consider
alternative punishments for the students. Several students and parents
told the board how the students' lives could be changed if they
weren't allowed to take part in activities, particularly sports.

Eleven of the 28 students sued the school district on Wednesday,
claiming that the students are not being treated equally under the
school's drug and alcohol policy, particularly several star athletes.
Specifically, the plaintiffs dispute how the policy is being enforced.
However, one of the plaintiffs' attorneys, Todd Ver Weire, said some
students can take part activities, but others cannot. For instance, he
said, one student can take part in band and others in Quiz Bowl.
During Friday's bench trial in federal court, Ver Weire also argued
that some plaintiffs are still allowed to be involved in activities or
organizations that they should technically be removed from, like Beta
Club. The students are on "social probation" in Beta.

The school's attorney, Paul Blume of Little Rock, argued that the
school is abiding by its policy. Both sides quibbled over what
activities are school-sponsored and AAA-sanctioned events.

Ver Weire maintained throughout the trial that this school district
has never enforced the policy to this extent. The students all said
they didn't read the policy before they were found to be in violation,
even though they signed a form at the beginning of the school year
stating that they had read and understood the student handbook.
Furthermore, they said they had no idea how dire the consequences
could be for a drinking violation. Only one student was caught
drinking at the convention.

The 11 students also testified that school principal Bill Ernst told
them he would be lenient if they confessed to drinking. That was
disputed by Ernst and several other students who testified for the
defense, who said Ernst never stated he would do anything but abide by
the school's policy. Some of those students were among the 28 who had
confessed to drinking. U.S. District Judge Robert T. Dawson presided
over Friday's trial in place of Judge H. Franklin Waters, who on
Tuesday granted a temporary restraining order allowing basketball
players to continue playing. That is the only sport that is now ongoing.

Waters was called away Friday morning because of a family illness. All
but one of the female basketball players who testified Friday stated
that their playing time was cut at a tournament game the night the
restraining order was issued. They also said they were not allowed to
"start" at the games like they usually do.

Dawson expressed grave concern that their coach may have violated the
restraining order. He said he may need to talk to the girls' coach
before making a ruling.

Dawson continued the restraining order, which may allow six of the
girls to play in a basketball tournament next week if he doesn't rule
before Thursday's game. Dawson said he will release his decision next
week. Attorneys for both sides have until 5 p.m. Monday to introduce
any more information they may want him to consider.

Dawson admonished the students that nothing good comes of alcohol use
and told them that if he rules against them, it will be "strictly on
legal grounds." He told them he doesn't consider them "bad kids." "I'm
not going to lecture you because ... I think you've learned that
lesson," he said.

He also told the students they need to appreciate the work the School
Board does because it's a hard job. Dawson had stated at the beginning
of the trial that he previously had been on both sides of the issue --
once as a lawyer defending a student in a similar situation and later
as a School Board member.

During the trial, the 11 students -- mostly juniors -- named
activities they are no longer allowed to take part in since admitting
to drinking. Autumn Harbick, who turned 18 on Feb. 1, the day she and
27 others confessed to drinking, told the court that she has been
prohibited from participating in track, cheerleading, softball,
cross-country running, student council, Future Business Leaders of
America and Youth Alive. Harbick, president of the student council,
will graduate this spring. Melissa Hall, a sophomore, won't be
eligible to go to Europe this year for track activities if she doesn't
get to take part in track at school and compete at the state level.

Eureka Springs Superintendent Reck Wallis said the school's drug and
alcohol policy will probably be "closely scrutinized" when the board
reviews policies this spring.

Wallis said the case will probably make students and parents more
mindful of school policies.