Pubdate: Tue, 01 May 2001 Source: Amarillo Globe-News (TX) Copyright: 2001 Amarillo Globe-News Contact: http://amarillonet.com/ Details: http://www.mapinc.org/media/13 PRICE OF JUSTICE COSTLY FOR SCHOOLS Drug Ruling Cheats Safety The decision Wednesday by the Lockney Independent School District to halt its legal battle over a mandatory drug testing policy is understandable, but unfortunate just the same. The decision is unfortunate for students and parents, who now have one less method to combat the damaging influence of drugs in their school and community. The decision is unfortunate for LISD school officials, who rather than being permitted to determine the district's need for such a policy must legally justify conducting a drug test based on "reasonable suspicion." The decision also is unfortunate for the justice system, which failed to address the constitutionality of the issue and only added to the ambiguity of school authority. LISD officials had little choice but to settle with the American Civil Liberties Union, which filed a lawsuit in opposition to the district's mandatory drug testing policy on behalf of Larry Tannahill, whose son did not participate in the testing. Money was the reason. The escalating cost of litigation was too much for the district to assume. As part of the settlement agreement, LISD can only enact a drug testing policy with the consent of students and parents, in other words voluntary, or based on "reasonable suspicion." The settlement agreement may end the controversy for now in Lockney, but it does little to address the authority of individual schools to protect the safety and welfare of students. The U.S. Supreme Court previously has ruled that similar drug testing policies for students participating in extracurricular athletic activities was not unconstitutional, but applying such policies to all extracurricular activities and the student body as a whole is another story. The harmful effects of illegal drug use are not limited to one segment of the student population, and a policy that is declared constitutional for one student group logically should be constitutional for another on the basis of the safety and welfare of students. The stipulation of "reasonable suspicion" is a vague and nondescript requirement that merely opens the door for additional litigation. Individual school districts are best at determining the need for - and the duration of - a mandatory drug testing policy. Thanks to the cost of justice and a justice system that has skirted the issue rather than offer a definitive ruling, the cost of justice may result in the hesitancy of school districts across the nation to enact policies focused on the safety and welfare of students rather than constitutional bias. - --- MAP posted-by: Andrew