Pubdate: Tue, 05 Dec 2000
Source: Lubbock Avalanche-Journal (TX)
Copyright: 2000 The Lubbock Avalanche-Journal
Contact:  http://www.lubbockonline.com/interactive/edit.shtml
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Forum: http://chat.lubbockonline.com:90/eshare/
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

APPEAL TESTING CASE

In our opinion, U.S. District Judge Mary Lou Robinson erred when she ruled 
Friday that "the mandatory random, suspicionless drug-testing program for 
all students participating in extracurricular activities at Tulia 
Independent School District is violative of the Fourth Amendment."

When Tulia's school trustees meet this morning, we hope they will vote to 
appeal the case. Other circuit court decisions on similar issues have been 
decided in favor of allowing mandatory and random drug testing, increasing 
the likelihood that Judge Robinson's decision could be overturned. This 
case needs to be appealed.

In this case as well as a similar case involving the Lockney Independent 
School District, we have expressed support for mandatory and random drug 
testing for students who choose to participate in extracurricular 
activities such as athletics, band, choir, UIL events, work programs or 
clubs. We continue to oppose mandatory and random drug testing for all 
students.

While the Fourth Amendment does protect against unreasonable searches, we 
believe that it is reasonable to require a person who chooses to 
participate in an activity to submit to drug testing. Just as an employer 
may require an employee who chooses to accept a job to submit to drug 
testing, a school district may require a student who chooses to participate 
in an extracurricular activity to submit to drug testing.

The Fourth Amendment allows mandatory and random drug testing when one 
voluntarily submits to an authority.
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MAP posted-by: Terry Liittschwager