Pubdate: Fri, 02 Mar 2001 Source: New York Times (NY) Copyright: 2001 The New York Times Company Section: National News Briefs Contact: 229 West 43rd Street, New York, NY 10036 Fax: (212) 556-3622 Website: http://www.nytimes.com/ Forum: http://forums.nytimes.com/comment/ Bookmark: http://www.mapinc.org/lockney.htm (The Lockney Policy) MANDATORY DRUG TESTING IN TEXAS IS OVERTURNED LUBBOCK, Tex., March 1 (AP) -- A mandatory drug testing policy violates the rights of a seventh-grade boy who challenged the policy last year, a federal judge ruled today. The judge, Sam R. Cummings of Federal District Court, said that he understood the motives of the Lockney Independent School District but that its mandatory, "suspicionless drug testing" violated the Fourth Amendment. The boy, Brady Tannahill, was the only holdout when the district implemented its drug testing policy in February 2000. Brady, then 12, was suspended from extracurricular activities for 21 days and given substance abuse counseling. Graham Boyd, a lawyer with the American Civil Liberties Union who represents Brady, said the judge's ruling should send a message that "a school cannot treat its student as if they are guilty until proven innocent." Donald Henslee, a lawyer for the school district, said he would recommend an appeal. - --- MAP posted-by: Jay Bergstrom