HARTSELLE BOARD, LAWYER TO DISCUSS DRUG POLICY

HARTSELLE - The Hartselle Board of Education will meet in public Thursday
night to discuss attorney Bill Shinn's concerns about the student
drug-testing policy.

Board Chairwoman Susan Puckett originally appointed board members Ronnie
Abercrombie and Cathy Goodwin to meet with Superintendent Lee Hartsell and
Shinn.

Shinn is the school system's attorney.

Even when a quorum or majority of the board is not present, the state
attorney general has repeatedly warned public bodies about meeting in private.

In 1996, the attorney general wrote: "Public access to public bodies
generally extends to the entire decision-making process from discussion or
debate and formulation through adoption and enforcement."

Mrs. Puckett wanted the two board members and superintendent to provide a
summary of the meeting with Shinn to the rest of the board members.

Abercrombie declined to meet with Shinn, saying the attorney should present
his concerns to the entire board in an open meeting.

He said he does not want to give the appearance that he has something to
hide or violate the state's sunshine law.

Abercrombie wants Shinn to explain to the entire board why Hartselle's
drug-testing policy goes beyond the authority the U.S. Supreme Court gave
to school systems in June.

The court, in a 5-4 decision, said testing students who participate in
extracurricular activities is a "reasonable effective means of addressing
the school district's legitimate concerns in preventing, deterring and
detecting drug use."

Shinn expressed his concerns about the board-approved policy in a five-page
letter.

Shinn said the court's June ruling did not provide a "sufficient comfort
level" to test students who are not in competitive extracurricular activities.

A student in competitive activities started the case that made it to the
Supreme Court.

Although the Oklahoma school system only tested students in competitive
activities, the policy the students challenged allowed students in all
extracurricular activities to be tested.

The court did not differentiate between competitive and non-competitive
activities.

Judge Clarence Thomas wrote: "We conclude that the drug testing of Tecumseh
students who participate in extracurricular activities effectively serves
the school district's interest in protecting the safety and health of its
students."

Board member Jeff Gray, a lawyer, wanted to get a second legal opinion, but
the board didn't act on his request.

Hartselle adopted the most inclusive drug-testing policy in Morgan,
Lawrence and Limestone counties.

In addition to testing athletes, band members and cheerleaders, the school
system proposes to test students in 21 other activities.