Parent Plans To Sue Over Drug Testing 

Parent Plans To Sue Over Drug Testing 
Posted by FoM on October 19, 2001 at 08:19:16 PT
By Greg Cunningham 
Source: Amarillo Globe-News 
The Tulia Independent School District may be facing yet another lawsuit over its drug testing program after the school board refused to exempt a student from the testing.Alan Bean said Wednesday that he plans to file a federal lawsuit within a week in an effort to prevent the school from testing his son Amos Bean. "I trust my son," Alan Bean said. "And if I had the power to force him to submit to a drug test, I wouldn't do it because I feel it would violate the trust I have with him. 
Because TISD is serving in loco parentis, as a surrogate parent in my absence, I feel they should honor my wishes."Alan Bean appeared before the school board Tuesday night and requested that his son be exempted from the policy. Bean said he based his request on his belief that the drug-testing program violates his son's constitutional rights.Superintendent Ken Miller said the school board members Tuesday night decided not to grant Bean's request because they feel the drug-testing program is important and must be evenly applied."The decision was not to change any policy," Miller said. "The board implemented the policy as an effort to help the kids stay drug-free, to give them a way to say no."The district's current policy requires that any student involved in athletics submit to random drug testing.Amos Bean said he decided to refuse to submit to drug testing on principle, despite the fact that he may be unable to participate in his normal sports of football, basketball and track. Amos Bean, a 15-year-old sophomore, submitted to testing last year but decided this year to take a stand, he said."My parents had talked to me about it first, and I decided that this was the right thing to do," Amos Bean said. "I feel that it infringes on people's constitutional rights."Miller said the district tests 10 percent of athletes every month, which means Amos Bean theoretically could avoid testing by not being selected. If Amos Bean is selected and refuses to take the test, he would be unable to play any sport, Miller said.Alan Bean said he would file the lawsuit whether his son is picked for testing or not.Bean's planned suit will be filed while the district is in the process of appealing another suit on its policy.U.S. District Judge Mary Lou Robinson ruled against the district in November 2000, stating that "the mandatory random, suspicionless drug testing program for all students participating in extracurricular activities at Tulia ISD is violative of the Fourth Amendment."Robinson ordered that the district not test plaintiffs Molly Gardner and Colby Gardner. The district appealed the ruling and reinstituted the program, stating that Robinson ruled only for the two students.Newshawk: JohnsonSource: Amarillo Globe-News (TX)Author: By Greg Cunningham Published: October 18, 2001Copyright: 2001 Amarillo Globe-NewsWebsite: letters amarillonet.comRelated Articles:Lockney Parent Wins Drug-Test Battle ISD Changes Policy for Drug Tests Drug Testing Archives 
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Comment #4 posted by JR Bob Dobbs on October 20, 2001 at 06:48:19 PT
We're just trying to HELP...
>>"The decision was not to change any policy," Miller said. "The board implemented the policy as an effort to help the kids stay drug-free, to give them a way to say no."  That's ridiculous. It's not giving them a "way" to say no - it's giving them a good reason not to get caught, is all. It's giving the school board another reason they can use to punish students. It's giving the students another hoop they must jump through. It's absurd. Someone should tell these people about that pitcher (whose name escapes me now) who once pitched a no-hitter while tripping on LSD...  Why do they never try to whiz quiz a random 10% of the school board?
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Comment #3 posted by isobar2000 on October 19, 2001 at 18:02:58 PT
Testing is wrong!
I believe this tells people they are guilty before any proof of drug use, it also takes away from ones personal privacy. I have thought about this subject alot. Were is the legal proccess that americans are intitled to? When did we say every one is a drug user until they can prove them selves different, and if you don't conform you will be denied school activities, health care, and jobs. I thought we lived in a country that a person guilt had to be proven, evidently not. 
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Comment #2 posted by lookinside on October 19, 2001 at 17:50:46 PT:
drug testing is a control issue...big brother testing his strength...we MUST fight it any way we can...i'm subject to random drug testing...i don't do drugs so i will pass...then i will quit and find another job...they need me worse than i need them...
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Comment #1 posted by i420 on October 19, 2001 at 08:59:02 PT
ACLU where are you??
ACLU ACLU where are you i think we need some help now!sung to the scooby doo theme lol
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