Pubdate: Thu, 22 Aug 2002
Source: Floyd County Hesperian-Beacon (TX)
Contact:  2002 Plainview Daily Herald.
Bookmark: (The Lockney Policy)
Bookmark: (Youth)
Bookmark: (Drug Testing)


In wake of the recent Supreme Court decision that ruled in favor of drug 
testing in the Tecumseh Oklahoma ISD, Lockney ISD trustees unanimously 
agreed to once again pursue random drug testing at the Junior High and High 
School campuses.

In a school board meeting, Tuesday, August 13, Superintendent Raymond Lusk 
told the trustees, "The Tecumseh policy is very similar to the amended drug 
testing policy we had. In some ways it is even stricter."

"The Tecumseh policy says if you refuse to take the drug test you can't 
participate in any extra curricular activities."

Trustee Jim Bob Martin asked, "If we just insert our name (LISD) into the 
Tecumseh policy, would that be O.K.?"

"Yes", said Lusk.  "All courts are bound by the Supreme Court ruling.

"Let's just make our policy word for word as Tecumseh and change the 
names," said Trustee Mike Mathis.

Trustee John Quebe expressed his desire to pursue the drug testing as 
quickly as possible, and Lusk explained that it would be impossible to have 
implemented by the beginning of the school year.

"We want to give everyone a grace period after we announce the date it will 
become effective," said Lusk.

School board members all agreed to pursue the policy and gave Lusk the 
go-ahead to present an LISD policy to lawyers for review. After attorney 
approval the policy will be presented to the school board at the next meeting.

"Maybe we can have it implemented by October or November," said Lusk.

Lockney first began random drug testing in February 2000. The original 
policy called for drug testing of all students 6th-12th grade one time and 
then randomly after that.

The policy was amended in July 2000 and called for testing of 7th-12th 
grades. Refusal to sign would subject the student to being banned from 
extracurricular activities.

A parent, Larry Tannahill, represented by the ACLU, challenged the policy. 
In March 2001, U.S. District Judge Sam Cummings ruled in favor of Tannahill.

Lockney ISD did not pursue the case to a higher court because of the fear 
the school's insurance company would not continue to cover the costs.

However, the Tecumseh, Oklahoma school district did pursue their own 
similar case. The Supreme Court ruled in favor of Tecumseh on June 27, 2002.

Brief Review of Tecumseh Policy:

*"In addition to the drug tests required...any Activity Student may be 
required at any time to submit to a test for illegal or 
performance-enhancing drugs, or the metabolites thereof when an 
administrator, coach, or sponsor has reasonable suspicion of illegal or 
performance-enhancing drug use by that particular student."

*Consequences for the First Offense: The parent/guardian will be contacted 
immediately. In order to continue participation in the activity the student 
and parent/guardian must, within five (5) days of the joint meeting, show 
proof that student has received drug counseling from a qualified drug 
treatment program or counseling entity. Additionally, the student must 
voluntarily submit to a second drug test to be administered within two (2) 
weeks in accordance with the testing provisions of this policy.

If the parent/guardian and student agree to these provisions, the student 
will continue to participate in the activity. Should the parent/student not 
agree to these provisions the consequences for the second offense will be 

*Second Offense: Suspension from participation in all extra curricular 
activities for 14 calendar days, and successful completion of 4 hours of 
substance abuse education/counseling provided by the school. The student 
will be randomly tested monthly for the remainder of the school year...A 
student who on his own volition informs (self refers) of usage before being 
notified to submit to a drug test will be allowed to remain active in 
activities. He will be considered to have committed his first offense and 
will be required to retest as would a student who has tested positive.

*Third Offense: Complete suspension in all extra curricular activities for 
the remainder of the school year or one semester (whichever is longer).

*A student refusing to submit will not be eligible to participate in any 
extra curricular activities for the remainder of the school year. The 
student shall not be considered for any interscholastic activity honors or 
awards given by the school.
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MAP posted-by: Jay Bergstrom