Judge Allows Student Challenging Drug Testing 

  Judge Allows Student Challenging Drug Testing 

Posted by FoM on August 06, 1999 at 11:03:08 PT
Family Challenges Drug Testing 
Source: Amarillo Daily News 

U.S. District Judge Mary Lou Robinson granted a restraining order Tuesday allowing 16-year-old Molly Gardner to take her position as drum major at Tulia High School.
Gardner had requested the restraining order because the Tulia school board rescinded her exemption from drug testing, which it granted after her family and cousin Hollister Gardner filed a federal lawsuit challenging the testing. The exemption applied to anyone challenging the practice of random testing of students in extracurricular activities. At its June meeting, the TISD board of trustees voted to rescind the exemption. "The board thought it has been long enough to enjoy a special status," said school superintendent Mike Vinyard. "They decided it was time to apply the rules to everyone uniformly." Dan and Jo Beth Gardner, Molly's parents, filed a petition for a restraining order on June 20 to allow their daughter to participate in activities until Robinson can rule on the constitutionality of the testing program. That trial is scheduled to begin Aug. 17, but the Gardners are requesting a ruling on the injunction before school begins Thursday. Hollister Gardner, who is representing himself, filed suit in January 1997, arguing the district was violating search and seizure protections in the U.S. Constitution by conducting random tests without cause. Within one week of the first suit, TISD trustees were notified Dan and Jo Beth Gardner, as parents of Molly Gardner, then an eighth grade student, were suing on similar grounds. The 1996 TISD policy requires parents and students to sign permission slips agreeing to random drug testing as a condition of involvement in extracurricular activities. Web posted Friday, August 6, 19995:18 a.m. CT

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