HIGH COURT CLEARS WAY FOR SCHOOL DRUG TESTING

Finances now pose barrier to Duneland reinstating testing program.

An Indiana State Supreme Court ruling Tuesday cleared the way for
schools to randomly perform drug tests on students participating in
athletics and some extracurricular activities.

The Indiana Court of Appeals previously struck down the policy, but
the high court upheld it in a 3-2 decision, ruling that students'
privacy interests were less than those of adults and that both
students and their parents must give consent for the tests.

Justice Frank Sullivan, who wrote for the court's majority said, "Our
constitution does not forbid schools from taking reasonable measures
to deter drug abuse on their campuses, but they must do so with due
regard for rights of students."

The case arose from Northwestern School Corp. in Howard County near
Kokomo. The district's drug policy applies to students in grades
seven through 12 and says those wishing to participate in athletics,
certain extracurricular activities or drive to school must submit to
random drug testing.

Duneland School Corp. became the first school district in Porter
County to begin random drug testing of students during the 2000-2001
school year. However, Duneland suspended the program after the
appellate court rejection of the Northwestern School Corp. policy.

In the year Duneland implemented the policy, Superintendent Steve
Hewlett said several students tested positive. Those students went
through a formal school-based recovery program, the Positive Life
Program, which also involved the student's parents.

Hewlett said even though the high court ruled in favor of the
testing, financing might be a barrier for the school.

He said $8,000 to $10,000 was spent in administering the tests to
students and supporting the Positive Life Program.

"At this point, the Positive Life Committee would have to review
whether or not they would want to start up again, and financing
certainly would be a necessary consideration," Hewlett said.

In Duneland, only high school students participating in cocurricular
and extracurricular activities were subjected to the testing,
accounting for about two-thirds of the school's population.

The tests were done by urine sampling, and tested for alcohol,
nicotine and other drugs.

The Associated Press contributed to this report.