========     ===========    ========    ========    ===========    ==========

Indiana Court Of Appeals Rules Random Student Drug Tests Are
Unconstitutional

    Indianapolis, IN: On Monday, the Indiana Court of Appeals unanimously
ruled that students cannot be forced to take a drug test in order to play
sports, take part in after school activities and park an automobile on
campus.
    The panel of judges in the case based much of their decision on Article
1, Section 11 of the Indiana State Constitution which states, "[t]he
right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable search, or seizure, shall not be violated;
and no warrant shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and
the person or thing to be seized."
    In writing the decision, Justice Patrick D. Sullivan wrote "the purpose
of Article 1, Section 11 is to protect the 'areas of life that Hoosiers
regard as private'...The framers of the Indiana Constitution intended to
protect the people from abuses of police power. We see no reason to
depart from requiring individualized suspicion to protect against the
abuses associated with blanket suspicionless searches of school children."
    "The Indiana test regarding searches and seizures has always been one of
reasonableness. When focusing upon the reasonableness of the official
behavior in the instant case, we hold that Northwestern School
Corporations' policy of conducting suspicionless drug testing of students
participating in athletics, extracurricular or co-curricular activity, or
those who drive to school is unconstitutional."
    The court stated that schools can only drugtest students if there is
probable cause to believe the student is using drugs.
    The Indiana Civil Liberties Union filed suit for Rosa Linke and her
younger sister Reena last year after they protested the school's drug
testing policy. Both participated in the National Honor Society, the
school's prom committee and the Fellowship of Christian Athletes.
    "Schools put a stipulation on students by saying in order to make
yourself the kind of person who can get into college, and get a
scholarship, you have to submit to a random drug test," said Rosa Linke,
who has since graduated high school and is attending college. "I have the
right to take the position that I will not pee in a cup for them."
    For more information, please contact Allen St. Pierre, NORML Foundation
Executive Director at (202) 483-8751. To read the ruling visit:
www.state.in.us/judiciary/opinions/wpd/08210001.pds.doc


Maryland School District Repeals Student Drug Testing Policy

    Easton, MD: On August 16, Talbot County, MD school officials agreed to
end student drug testing, settling a lawsuit filed by Easton High School
students, parents and the American Civil Liberties Union.
    In January, a student told school officials that a group of 18 students
attended a party where drugs and alcohol were present. The students were
then dragged from their classes and forced to line up on the auditorium
stage and submit urine specimens for drug screens. Female students were
asked personal and embarrassing questions, such as if they were on birth
control pills (which can cause a false positive on some drug screens) in
front of their peers. The students were told they would be suspended and
possibly expelled if they did not submit to the drug tests.
    According to the settlement, the school system must: pay an undisclosed
amount in damages and all legal fees to the students, arrange a meeting
of school board President Steven Harris, Superintendent J. Sam Meek,
students and parents to hear student complaints and to apologize "for any
harms the students suffered," remove any mention of drug testing from the
students' files and conduct an internal review of the conduct of Meek,
the school principal Timothy Thurber, county Health Department drug
counselor Sarah Smith and pupil service coordinator Beth Nobbs.
    Graham Boyd, who heads the ACLU national drug program said this case may
cause other school systems to review policies.
    "A majority of schools in this country do not do this kind of drug
testing," Boyd said. "In most cases, officials decide it's expensive,
ineffective in stopping drug use and subject to these kinds of abuses.
But, to my knowledge, this is the first time a school system has admitted
wrong, paid damages and dropped the policy."
    For more information, please contact Graham Boyd of the ACLU at (203)
787-4188.

ReconsiDer Tidbits