COURT LETS DRUG TESTING DECISION STAND

If Officials Wish To Defend Their Policy, They Must Appeal To Supreme Court

ANDERSON, Ind. (Nov. 3, 1998)-- The U.S. 7th Circuit Court of Appeals has
let stand its Sept. 9 ruling that Anderson Community Schools' drug testing
policy is
unconstitutional.

The school district had petitioned the court to rehear the case in
hope of winning a reversal. It was announced Monday that the 11 active
judge on the appeals court in Chicago chose unanimously not to rehear.

If Anderson school officials wish to defend their drug testing policy,
they must appeal to the U.S. Supreme Court. The board is expected to
consider that option when it meets in executive session tonight.

"At this point," said Superintendent Jane Kendrick, "it's just a
matter of taking it one more step, if the board decides to do that."

The decision came about seven months after Indiana Civil Liberties
Union attorney Ken Falk argued before the appeals court against the
expulsion of Anderson High School freshman James R. "Buddy" Willis
II.

Willis, then 15, was suspended Dec. 10, 1997, for fighting with
another student and drew a five-day suspension from school. Under a
policy adopted in August 1997, Willis was ordered to take a drug test
when he returned to school Dec. 19.

Willis refused the test and was barred from school the rest of the
1997-98 school year while Falk and school attorneys fought over the
constitutionality of the policy.

Willis' father, James R. "Randy" Willis, said Monday that school
officials "are just going to have to face the facts that this (policy)
goes too far."

The policy is modeled after one adopted in early 1997 at Carmel and is
based on a presumed link between misbehavior and drug use. Students
suspended for three days or more for any rule infraction had to take a
drug test before being readmitted to school. Students who tested
positive for drugs were not punished, but their parents were notified
and they were referred to counseling.

The Carmel Clay School Board last month voted to contribute $5,000
toward the $20,000 in legal fees Anderson Schools expected to pay if
the appeals court reheard the case.

Carmel School Board President Paul Bolin said that, while Carmel Clay
Schools have a stake in the outcome of the case, his board's financial
commitment was limited to the appeals court effort.

He said the Carmel Clay board will wait to see if Anderson officials
decide to take the appeal to the Supreme Court.

If they do, he said, the Carmel board will revisit the issue of
financial support for Anderson Schools' legal fees.

Falk has contended that the link between breaking school rules and
student drug use is not strong enough to override Fourth Amendment
constitutional guarantees against unreasonable search.

A panel of three appeals court judges subsequently agreed with Falk's
argument.

Its September ruling forced Anderson, Carmel and several other central
Indiana school districts to withdraw or modify their versions of the
policy.

Checked-by: Patrick Henry