Pubdate: Fri, 07 Nov 2003
Source: Decatur Daily (AL)
Copyright: 2003 The Decatur Daily
Author: Deangelo McDaniel


Members Rule Only That Student Did Not Refuse To Take Drug Test; Playing 
Status Unchanged

HARTSELLE - The Hartselle Board of Education refused to say whether student 
Adam Faulk would play in the football team's state playoff game tonight.

Faulk challenged the school system's drug-testing program a week ago.

His attorney convinced Circuit Judge Sherrie Paler to issue a temporary 
order that stopped the board from banning him from Hartselle's Oct. 31 game 
with Lawrence County High School.

The judge also said the school system could take no action against the 
student until its next regularly scheduled board meeting, which is Nov. 20.

The board spent almost one hour in executive session Thursday night as 
Faulk's lawyer and his parents waited outside. The executive session 
followed a closed hearing requested by the lawyer.

After the closed-door meeting, the board voted 4-1 to say that Faulk's 
actions on Oct. 27 were not a refusal to take a drug test.

This means that Faulk will be able to participate in extracurricular 
activities at some point. Refusal to submit to a test disqualifies a 
student from athletic and extra-curricular activities for one year. A 
student who tests positive can return to competition after going through 
counseling and passing a test.

School board attorney Bill Shinn said in court papers that the system had 
gotten a specimen from Faulk. He did not say what the results of the test 
were, and the board did not comment on the results Thursday night. 
Superintendent Lee Hartsell and the board members said Shinn advised them 
not to discuss the matter.

Faulk's parents and his attorney declined to comment.

Court records show that the school system's drug-testing company selected 
Faulk to be tested Oct. 27.

The student's lawyer, Jeffrey Roberts of Hartselle, said his client 
suffered an asthma attack and was suffering from flu. Roberts said the 
student could not give urine sample because he was dehydrated.

The system had apparently banned Faulk from extracurricular activities. But 
Paler lifted that ban and enjoined the board from taking any action against 
Faulk until its Nov. 20 meeting.
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