Pubdate: Tue, 29 Oct 2002
Source: Log Cabin Democrat (AR)
Copyright: 2002 The Log Cabin Democrat
Contact:  http://thecabin.net/
Details: http://www.mapinc.org/media/548
Author: TAMMY KEITH, Log Cabin Staff Writer

PLAINTIFFS MAINTAIN STUDENT POLICY VIOLATES U.S., ARKANSAS CONSTITUTIONS

Four parents have filed a civil lawsuit in Faulkner County Circuit Court on 
behalf of their children to stop drug testing, which was just adopted this 
year by the Conway School District.

Bruce Plopper, one of the plaintiffs, said Monday, "I think the students 
are not property and you have to treat them as human beings."

He was one of the most vocal opponents of drug testing while the issue was 
debated at meetings of the Conway School District's Board of Education. The 
school board voted 4-3 in August to adopt a drug-testing policy. Students 
in grades seven through 12 in extracurricular activities will be randomly 
tested.

Conway Superintendent James Simmons said he had turned the matter over to 
Bill Brazil, the school district's attorney. "He'll tell us what we need to 
do," Simmons said, adding he was surprised the parents filed the lawsuit.

"We'll just go right on until somebody tells us not to," Simmons said. No 
students have been tested, yet. Monday was the day when the district's 
principals had to turn in the names of all students in extracurricular 
activities, Simmons said. Those names will be given to Counseling 
Associates so a database can be created for the random testing.

Other parents listed as plaintiffs are Michael D. Conine, and Henry A. and 
Maureen L. Zimmerebner. The lawsuit was filed by Conway attorney Lynn Plemmons.

Even though the U.S. Supreme Court has ruled it is legal to randomly test 
students in extracurricular activities, "the Arkansas Constitution allows 
more protection under search and seizure," Plopper said.

"For the various reasons listed in our petition, we believe the policy 
violates the Arkansas Constitution, Arkansas common law and the spirit of 
statutory law in general. We also believe the policy violates the Equal 
Protection Clause of the U.S. Constitution," Plopper said in a statement 
issued Monday. "The step we have taken today is a natural move to protect 
our children's rights."

The lawsuit seeks a temporary restraining order and permanent injunction on 
the drug testing, which the plaintiffs call suspicionless, because they 
maintain it violates students' common law right to privacy against 
intrusion and restricts student freedom in a way that "contradicts the 
spirit of a parallel Arkansas statute concerning student freedom."

It also contends that "the student drug-testing policy is impermissibly vague."

The lawsuit states that drug-testing students in elective, for-credit 
classes such as band, choir, newspaper, orchestra, etc., while not testing 
students in classes such as advanced placement English, violates the equal 
protection clause of the U.S. Constitution's 14th Amendment. The plaintiffs 
maintain that students "volunteer" for extracurricular activities the same 
way they "volunteer" to take unrequired advanced placement classes.

Dr. Terry Fiddler, president of the Conway school board, said, "The main 
point is, if these were questions prior to this, why were they not brought 
up before?"

Fiddler also said he doesn't understand some of the issues put forth in the 
lawsuit. "I guess this is legalese."

Fiddler voted against the drug policy in August, but now that it's a 
policy, "it's backed by all the board members," he maintained.

Others school districts in Faulkner County that have implemented drug 
testing are Vilonia, Greenbrier, Mayflower and Mount Vernon-Enola.
- ---
MAP posted-by: Keith Brilhart