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News (Media Awareness Project) - US TX: LISD To Try Drug Testing Again
Title:US TX: LISD To Try Drug Testing Again
Published On:2002-08-22
Source:Floyd County Hesperian-Beacon (TX)
Fetched On:2008-01-22 14:05:00
LISD TO TRY DRUG TESTING AGAIN

In wake of the recent Supreme Court decision that ruled in favor of drug
testing in the Tecumseh Oklahoma ISD, Lockney ISD trustees unanimously
agreed to once again pursue random drug testing at the Junior High and High
School campuses.

In a school board meeting, Tuesday, August 13, Superintendent Raymond Lusk
told the trustees, "The Tecumseh policy is very similar to the amended drug
testing policy we had. In some ways it is even stricter."

"The Tecumseh policy says if you refuse to take the drug test you can't
participate in any extra curricular activities."

Trustee Jim Bob Martin asked, "If we just insert our name (LISD) into the
Tecumseh policy, would that be O.K.?"

"Yes", said Lusk. "All courts are bound by the Supreme Court ruling.

"Let's just make our policy word for word as Tecumseh and change the
names," said Trustee Mike Mathis.

Trustee John Quebe expressed his desire to pursue the drug testing as
quickly as possible, and Lusk explained that it would be impossible to have
implemented by the beginning of the school year.

"We want to give everyone a grace period after we announce the date it will
become effective," said Lusk.

School board members all agreed to pursue the policy and gave Lusk the
go-ahead to present an LISD policy to lawyers for review. After attorney
approval the policy will be presented to the school board at the next meeting.

"Maybe we can have it implemented by October or November," said Lusk.

Lockney first began random drug testing in February 2000. The original
policy called for drug testing of all students 6th-12th grade one time and
then randomly after that.

The policy was amended in July 2000 and called for testing of 7th-12th
grades. Refusal to sign would subject the student to being banned from
extracurricular activities.

A parent, Larry Tannahill, represented by the ACLU, challenged the policy.
In March 2001, U.S. District Judge Sam Cummings ruled in favor of Tannahill.

Lockney ISD did not pursue the case to a higher court because of the fear
the school's insurance company would not continue to cover the costs.

However, the Tecumseh, Oklahoma school district did pursue their own
similar case. The Supreme Court ruled in favor of Tecumseh on June 27, 2002.

Brief Review of Tecumseh Policy:

*"In addition to the drug tests required...any Activity Student may be
required at any time to submit to a test for illegal or
performance-enhancing drugs, or the metabolites thereof when an
administrator, coach, or sponsor has reasonable suspicion of illegal or
performance-enhancing drug use by that particular student."

*Consequences for the First Offense: The parent/guardian will be contacted
immediately. In order to continue participation in the activity the student
and parent/guardian must, within five (5) days of the joint meeting, show
proof that student has received drug counseling from a qualified drug
treatment program or counseling entity. Additionally, the student must
voluntarily submit to a second drug test to be administered within two (2)
weeks in accordance with the testing provisions of this policy.

If the parent/guardian and student agree to these provisions, the student
will continue to participate in the activity. Should the parent/student not
agree to these provisions the consequences for the second offense will be
imposed.

*Second Offense: Suspension from participation in all extra curricular
activities for 14 calendar days, and successful completion of 4 hours of
substance abuse education/counseling provided by the school. The student
will be randomly tested monthly for the remainder of the school year...A
student who on his own volition informs (self refers) of usage before being
notified to submit to a drug test will be allowed to remain active in
activities. He will be considered to have committed his first offense and
will be required to retest as would a student who has tested positive.

*Third Offense: Complete suspension in all extra curricular activities for
the remainder of the school year or one semester (whichever is longer).

*A student refusing to submit will not be eligible to participate in any
extra curricular activities for the remainder of the school year. The
student shall not be considered for any interscholastic activity honors or
awards given by the school.
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