Pubdate: Thu, 17 Aug 2000
Source: Ft. Worth Star-Telegram (TX)
Copyright: 2000 Star-Telegram, Fort Worth, Texas
Contact:  http://www.star-telegram.com/
Forum: http://www.star-telegram.com/comm/forums/
Author: Pam Easton, The Associated Press

LOCKNEY SCHOOL BOARD CHANGES DRUG POLICY IN ATTEMPT TO COMPROMISE

LOCKNEY, Texas -- The Lockney Independent School District has revised its 
mandatory drug testing policy in an effort to come to a compromise with a 
father who sued the district, saying the policy violated his son's 
constitutional rights.

"Sometimes you implement a policy and look back at it and say this should 
have been done this way," Lockney Superintendent Raymond Lusk said Wednesday.

The revision is a change of course from a board decision in March. The 
panel then decided not to act on a request from the American Civil 
Liberties Union to eliminate or refine the policy.

"The purpose of this is to settle this (issue) because we have a lot more 
important things to do as far as the educational process," the 
superintendent said. "We want (our students) in school, not sitting in some 
alternate discipline."

The policy originally required all students in the 6th through 12th grades 
to submit to drug testing. Failure to agree to the testing resulted in the 
same punishment as if a student had tested positive for drugs.

Changes approved July 13 now require testing of students in 7th through 
12th grade and call for those who refuse to participate to be removed from 
extracurricular activities until they agree to participate.

About 85 percent of students in Lockney participate in extracurricular 
activities, Lusk said. He said the district is committed to its policy but 
at the same time believes in compromise.

When the original policy was implemented in February, 12-year-old Brady 
Tannahill was the sole holdout. His father, Larry, refused to sign the 
consent form saying it violated his son's right to privacy and that it 
criminalized innocent children.

That stand resulted in Brady being placed in 21-day suspension from 
extracurricular activities, at least three days' in-school suspension and 
three sessions of substance abuse counseling, as required by the original 
policy. It also required Brady to submit to a monthly drug test for a year 
and stated that each time he refused, he would be considered a repeat 
offender, and the punishment would get more strict.

The board agreed in March not to punish Brady until the lawsuit filed by 
his father and the American Civil Liberties Union is settled.

School board attorney Donald Henslee doesn't anticipate the changes will 
have any effect on the lawsuit.

ACLU national drug policy project attorney, Graham Boyd, said the changes 
to the policy aren't a compromise. He said the policy still violates 
students' rights and will soon violate, Brady's younger brother, Coby's, as 
well.

"This doesn't change anything as far as the case because Brady Tannahill is 
still subject to the drug testing policy, he is involved in extracurricular 
activities and he hasn't consented to it," he said. "The case is still 
alive as long as they insist on applying it to either of the Tannahills."

Lusk doesn't anticipate many in this farming community of 2,243 will be 
pleased with the board's decision to change the policy. The board's first 
meeting of the new school year is Thursday, and Lusk said many aren't aware 
of the changes.

In March, hundreds of citizens turned out to support the policy. Many in 
attendance wore red and white T-shirts that said, "We asked for it. LISD 
delivered it. We appreciate it."

Distributed by The Associated Press (AP)
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