SCOTUS TO HEAR TECUMSEH CASE

Tecumseh's public school system will be spotlighted nationwide this week as
the U.S. Supreme Court hears arguments over the district's controversial
drug-testing policy.

What is considered an "identifiable" drug problem and clarification of the
Fourth Amendment as related to drug testing are issues in this case. The
high court's decision will set a precedent for all school districts in America.

U.S. Supreme Court Justices will devote one hour to the drug-testing case
beginning 10 a.m. Tuesday. The Supreme Court's final decision on the matter
isn't expected until June.

Lawyers for Tecumseh will get 30 minutes to argue the district's case for
drug testing. Lawyers with the American Civil Liberties Union also will get
30 minutes to present arguments against the issue.

Until now, Superintendent Tom Wilsie said the litigation over the drug
policy was similar to practicing for a ball game.

"We're ready to play the game," Wilsie said.

Knowing the Supreme Court's decision will affect every school in the nation
is an overwhelming position, he added.

Wilsie, along with Assistant Superintendent Danny Jacobs, and all five
board members -- Audrey Seeliger, Terry O'Rorke, Dean Rogers, Keith Hayes
and Robert Mayo -- will be in the Supreme Court chambers Tuesday during
oral arguments, Wilsie said.

Dean Rogers, school board member, said she is ready for the long- awaited
verdict in this case.

Even if the Supreme Court goes against the district, Rogers said she feels
right about trying to make Tecumseh better through the drug- testing policy.

"There are drugs here," she said. "If we can help some kids shy away, I
feel we've succeeded in trying to keep this a safe place."

Rogers said drug testing is part of today's world, with many employers
requiring drug testing to get a job. She stands behind the drug policy.

"A decision needs to be made one way or another," Rogers said. "The future
of children in America depends on the Supreme Court judicial system --
they're the last word."

Three lawyers, including Linda Meoli with the Center for Education Law,
Oklahoma City, are arguing Tecumseh's case.

Graham Boyd, attorney with the ACLU, will argue against the policy. The
ACLU backed two former students -- Lindsey Earls and Daniel James -- when
they originally filed a lawsuit against Tecumseh Public Schools in 1999.

James is now in the U.S. Navy and Earls is attending a college in New
Hampshire, Boyd said.

"There's a certain degree of relief the case is finally going to be
decided," Boyd said. "This will set a precedent for what schools do."

Boyd said he has been impressed with the Earls family in their views that
the court is the best way to resolve a legitimate difference of opinion.

Boyd said he hopes the justices' decision brings some finality and peace to
all in Tecumseh.

Either way, he said, Earls and James wanted to stand up for their privacy
rights under the constitution on behalf of all Tecumseh students -- and
that's what they have done.

While the Tecumseh community has overwhelming supported the school system
and its policy, there also have been some parents against the policy.
Steven Parker is the local lawyer who represented about 16 Tecumseh parents
who felt Tecumseh had taken drug testing too far.

A "friend of the court" brief was filed in support of the ACLU on their behalf.

Boyd said those parents essentially contended that they have made choices
how to raise their children and the school's drug policy interferes with
those decisions.

Other support briefs also have been filed in this case. The Solicitor
General, with the backing of the Bush Administration, filed a brief in
support of Tecumseh schools.

Tecumseh's drug testing policy has been involved in court litigation since
1999.

So far, costs of defending the drug policy have maxed out Tecumseh's
$100,000 insurance policy. Additional costs are expected to be $25,000 to
$30,000, Wilsie said. Those monies will be derive from the general fund.

The road to the Supreme Court began in August 2001, when Tecumseh filed a
petition asking the high court to hear its case. That followed a unanimous
decision by the school board in June 2001. The 10th Circuit Court of
Appeals in Denver, Colo., previously upheld that the drug policy was
unconstitutional.

That court ruled that before a school district can conduct random drug
testing, it has to prove an "identifiable" drug problem among a sufficient
number of students they want to test.

That appeals court also said Tecumseh's policy violated the constitution's
ban on unreasonable searches by requiring random drug tests of students
involved in extracurricular activities.

The district also had no justification for drug testing because it had few
problems, that court said.

Tecumseh originally adopted its Student Activities Drug Policy Sept. 14,
1998. It said students involved extracurricular activities such as FFA, the
academic team, vocal music, band, pompon, cheerleader and athletes, could
be subject to drug testing.

By hearing the case, the Supreme Court Justices also will follow up on
a1995 ruling that upheld testing of athletes in an Oregon school district.
That ruling didn't endorse blanket drug testing.