SCOTUS TO HEAR SCHOOL CASE

Tecumseh Public School's Case Over Its Drug-Testing Policy Will Be Heard By
The U.S. Supreme Court In March 2002.

The nation's high court agreed Thursday it will render a verdict on whether
school administrators must determine a school district has a serious or
"identifiable" drug problem before it can randomly drug test some students.

The court's verdict will set a precedence for all school districts in
America to follow.

"This case will definitely have far-reaching effects," said Tecumseh
Superintendent Tom Wilsie.

In August, Tecumseh filed a petition asking the high court to hear its case
after the 10th Circuit Court of Appeals in Denver, Colo. refused.

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

Of the percentage of cases the Supreme Court hears vs. number of cases
submitted, Wilsie said he feels fortunate the high court is accepting
Tecumseh's case.

Representing Tecumseh is Linda Meoli with the Center for Education Law,
Oklahoma City.

Meoli said the Supreme Court's decision can provide a guideline on drug
testing for which all school districts -- nationwide -- can comply.

The 10th Circuit Court of Appeals had 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, Meoli said.

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.

That ruling affected Tecumseh, every school district in Oklahoma and every
school district in the 10th Circuit.

Meoli contends that ruling was confusing. What is an "identifiable" drug
problem? she asked, and "What is a sufficient number of students?"

Meoli is glad Tecumseh will be able to present its side to the U.S. Supreme
Court.

School board member Terry O'Rorke said the district continues to be
committed to this case and feels the high court's decision is needed -- for
all school districts.

"Do we have to have an explosion of drug problems or can we stop the
problem before it happens," O'Rorke asked. "Why wait until its an epidemic?"

"If we help one student with our drug-testing program, we've been
successful," O'Rorke said. "There's no question in my mind we're doing the
right thing."

Tecumseh officials have argued in its requests that a verdict is needed for
all school districts.

"The issue presented is of major importance ... to all public schools in
the nation which are responsible for the safety of the students under their
supervision on a daily basis and must address drug use, which threatens
their safety," Tecumseh told the Supreme Court in urging it to accept the
appeal.

Lawyers for Tecumseh said the Supreme Court determined in a 1995 case that
public schools are a special environment and students have a lower
expectation of privacy.

"The mere entrance through the schoolhouse gates does not include the
blanket invitation to subject students in America's public schools to drug
tests," American Civil Liberties attorneys, representing three students,
told the court.

Tecumseh school officials tested about 500 students from 1998 to 2000. Four
tested positive for drugs. The appeals court said there was no evidence of
drug use among the Tecumseh students required to take tests -- members of
the academic team, choir and FFA.

The legal issues for Tecumseh began in fall 1999 when students Lindsay
Earls and Daniel James challenged the drug-testing policy with the backing
of the American Civil Liberties Union.

Amid pending litigation, Tecumseh suspended its drug-testing policy in
August 1999.

A U.S. District Judge ruled in favor of the district in March, 2000,
prompting the school board to reinstate drug testing, although the case was
in the appeals process.

Drug testing continued until a three-judge panel of the 10th U.S. Circuit
Court of Appeals in Denver, Colo. ruled March 21, 2001 that it was
unconstitutional for public schools to require students in non-athletic
extracurricular activities be tested for illegal drugs.

Tecumseh asked the 10th Circuit for a rehearing of the case in April, 2001,
but the efforts failed when appeals court voted 8-1 on May 31, 2001 to deny
that request.

That court's ruling left the school district with the option of accepting
its ruling, or taking the fight to the U.S. Supreme Court.

The Tecumseh school board made the unanimous vote in June to take its fight
all the way to the U.S. Supreme Court.

"We've gone this far. Why stop now?," said Board member Terry O'Rorke at
that meeting.

O'Rorke also said the case is a "huge issue" -- and one that Tecumseh is
fighting "for the kids of this school district," and every school district
in the United States.

So far, costs to Tecumseh Public Schools to defend the policy have maxed
out the school district's insurance policy, which covers such fees up to
$100,000.

Costs expected to be incurred by the district are estimated to cost about
$25,000, Wilsie said.

"It's money well spent -- win or lose," school board member O'Rorke said,
adding if Tecumseh doesn't continue its fight, another school will.

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, pom, cheerleader and athletes, could be
subject to drug testing.

A decision by the U.S. Supreme Court will give additional guidance to
schools wanting to conduct random drug testing.

By hearing the case, Supreme Court Justices also will follow up on their
1995 ruling that upheld testing of athletes in an Oregon school district.
But that ruling didn't endorse blanket drug testing.