SECOND TULIA FAMILY BATTLES SCHOOL POLICY OF STUDENT DRUG TESTS

TULIA - The father of a Tulia Independent School District student
filed suit Friday challenging the district's drug testing policy, the
second time the policy has been contested in federal court.

Alan Bean filed the lawsuit against TISD, board president Sam Sadler
and board member Darrell L. Nelson, on behalf of his son, sophomore
Amos Bean, court records show.

Sadler was named in the suit because he has been a leader in
implementing the drug-testing policy, while Nelson was named because
he conducted testing on Amos Bean against his parents' wishes, Alan
Bean said.

The suit alleges that the district's policy violates Amos Bean's
rights under the U.S. and Texas Constitutions with the suspicionless
drug testing of athletes.

Alan Bean said his son does not take illegal drugs and shouldn't be
subjected to testing if his parents do not wish him to be tested.

"He doesn't have time to do drugs," Alan Bean said of his son. "He
understands that doing drugs, for somebody with his ambitions and
goals, would be counterproductive. Doing drugs is simply inconsistent
with who he wants to be and what he wants to do."

District Superintendent Ken Miller said Friday that he couldn't
comment on the suit because he hasn't seen it yet, but he said the
district stands behind its drug-testing policy. Calls to Sadler and
Nelson were not returned Friday.

Alan Bean said his lawsuit is an effort to get a November 2000
federal court ruling applied to the entire drug-testing program.

U.S. District Judge Mary Lou Robinson ruled against the district's
policy in a lawsuit filed on behalf of students Molly Gardner and
Colby Gardner, stating in the ruling that "the mandatory random,
suspicionless drug testing program for all students participating in
extracurricular activities is violative of the Fourth Amendment."

The district appealed Robinson's ruling, but the 5th U.S. Circuit
Court of Appeals had yet to rule on the matter Friday.

Robinson's ruling prevented the district from testing the Gardners,
but officials reinstituted the program, restricting it to athletes,
rather than all students in extracurricular activities.

"My position is that she (Robinson) declared Tulia's drug-testing
program unconstitutional and enjoined the school from drug testing
Colby and Molly Gardner without reservation," Alan Bean said. "The
school board's position seems to be that simply substituting the word
athletics for extracurricular activities is sufficient. I think
they're playing word games and showing contempt for the clear meaning
of Judge Robinson's ruling."

The suit seeks to have the drug-testing policy declared
unconstitutional and to enjoin the district from testing any student.
Alan Bean said he is also seeking punitive damages from Sadler and
Nelson to serve as a "wake-up call" to take the court's rulings
seriously.

Amos Bean has already received some backlash at school from students,
but he and the rest of the family are ready to carry the suit as far
as is necessary, Alan Bean said.

"Amos understood from the outset that when his parents decide to do
something because we think it's right, we're going to do it all the
way," Alan Bean said. "There are no limits on how far we'll go."