DRUG TESTING UPHELD

A U.S. Supreme Court ruling last week clears the way for Hartselle City
Schools to implement a drug-testing policy for some of its students.

The Supreme Court ruled last Thursday that public schools can require
random drug testing of students who take part in extra curricular activities.

The committee is currently in the process of determining if Hartselle's
School System needs a random drug testing policy and if so, how such as
policy would be carried out and enforced. The committee had been waiting on
the Supreme Court's decision to see if it held that drug testing of some
students was constitutional.

The Supreme Court heard the case of two Tecumseh, Okla. students who wanted
to participate in extra-curricular activities, but felt the required drug
test violated their Fourth Amendment right against unreasonable search and
seizures.

Five of the nine justices disagreed with the students, saying schools do
have a right to drug test some students.

"Because this (random search) policy reasonable serves the school
district's important interest in detecting and preventing drug abuse among
its students, we hold that it is constitutional," Justice Clarence Thomas
wrote for himself, Chief Justice William Rehnquist and Justices Anthonin
Scalia, Anthony Kennedy and Stephen Breyer.

The Tecumseh drug policy that was upheld by the Supreme Court has several
elements which have been considered for Hartselle's policy, including:

- - Test results are not turned over to any law enforcement authority.

- - After the first positive test, school officials meet with the student's
parents. Counseling and other methods of intervention are required and the
student may continue to participate in extra-curricular activities.

- - After the second drug test, the student is suspended from the
extra-curricular activity for 14 days and must complete substance abuse
counseling and submit to monthly drug tests.

- - If the student fails a third drug test, they are suspended from the
extra-curricular activity for the year.

Last week's decision follows a decision in a 1995 Oregon case, where the
court permitted random testing for student athletes. That definition was
later expanded to cover all students participating in extra-curricular
activities, including band, and academic clubs, such as math team or
Scholar's Bowl. The court has not upheld drug testing for those not
involved in extra-curricular activities or student bodies as a whole.