Texas duel: drug tests versus student rights

Oatka

New member
Typical double-speak: "No one is discriminated against . . . A refusal to sign the form, parents were told, would garner the same punishment as failing to pass the test: a 21-day suspension from extracurricular activities, three days in-school suspension, and three sessions of substance-abuse counseling."

And REALLY sad/scary, "Many community members see the testing as a needed tool to help children avoid drugs, and constitutional questions seem merely academic in the face of that threat. Indeed, several adults and children alike rolled their eyes when asked . . . what they thought of Tannahill's stance. "He's going against the whole town, and people don't have any respect for him," says student Ashley Brock. "We just want to be proud that our school is drug-free." "
(As they march under the arched sign that says, "Arbeit Macht Frei". Jesu!!
http://www.csmonitor.com/durable/2000/04/18/p1s4.htm

A FARMER'S FIGHT
Texas duel: drug tests versus student rights
Anne Belli Gesalman
Special to The Christian Science Monitor

Like thousands of schoolchildren nationwide, the sixth-graders in this quiet town in the Texas panhandle are studying the US Constitution.
And while they may be more interested in Billboard's Top 100 than the Bill of Rights, that document has suddenly taken on deep resonance for the students at Lockney Junior High School.
The dusty farming community has become the first school in America to require drug testing for all its sixth-through 12th-graders. And in a battle between community pragmatism and democratic idealism, a local farmer has taken up a fight for the Fourth Amendment on behalf of his son - filing suit to block the testing. The legal battle is being closely watched by school boards across the US, who are trying to decide how far they can go to rid classrooms of meth and marijuana.
"They are sitting up there telling [my son] that these are your rights," says Larry Tannahill. "But then they're also sitting up there telling him, 'But we're going to take them away.' "
In what some believe could become a test case for the US Supreme Court, Mr. Tannahill, a fourth-generation farmer, filed a federal lawsuit last month charging the policy infringed his son Brady's Fourth Amendment right against unreasonable search or seizure.
For their part, school officials say the drug-testing policy - considered the most stringent in the country - allows students to be educated in a safe, disciplined environment. No one is discriminated against because all students and teachers must take the test, officials add, and results remain confidential.
"It's a balancing act," says Austin, Texas, lawyer Don Henslee. "You have to balance protection of the children with their Fourth Amendment rights."
Mr. Henslee notes that in 1995, the Supreme Court upheld a drug-testing policy aimed at student athletes in the Vernonia, Ore., school district. Two years ago, a Chicago federal appeals court upheld mandatory testing of all students in an Indiana high school who participated in extracurricular activities.
The seven-member school board adopted its policy in January, after years of requests from parents to do something about the problem of students showing up to class high, Henslee says. Those pleas took on an air of urgency in 1998, when 12 of the town's 2,300 residents were indicted on drug-related felonies. Though all were adults, some of the suspects' customers were children.
"The parents were very concerned,'' Henslee says. "They asked the school district to implement this policy."
In mid-January, roughly 400 students were sent home with consent forms for their parents to sign. The form authorized the school to initially test all students for drugs, then 10 percent of students selected randomly each month. A refusal to sign the form, parents were told, would garner the same punishment as failing to pass the test: a 21-day suspension from extracurricular activities, three days in-school suspension, and three sessions of substance-abuse counseling.
"It aggravated me quite a bit," Tannahill says. "I didn't think seven people had the right to say what would happen with our children."
Sitting in his father's living room on the edge of Lockney, Tannahill, a thin man with an easy smile, says widespread support for the drug-testing policy has left him feeling somewhat ostracized.
In a town that has one stop light, no movie theater, and where the biggest ticket in town is school sporting events, Tannahill says he's become persona non grata for fighting the policy. Many community members see the testing as a needed tool to help children avoid drugs, and constitutional questions seem merely academic in the face of that threat.
Indeed, several adults and children alike rolled their eyes when asked one recent Saturday what they thought of Tannahill's stance. "He's going against the whole town, and people don't have any respect for him," says student Ashley Brock. "We just want to be proud that our school is drug-free."

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The mistaken belief that drug testing eliminates drug use is a worrisome argument in favor of such policies, says Graham Boyd, head of the ACLU's Drug Policy Litigation Project and one of Tannahill's attorneys. "Studies show that the best way to keep students out of trouble is to involve them in extracurricular activities," Mr. Boyd says.
The policy in Lockney, he adds, is "unquestionably in violation of the Constitution,'' yet it is certainly "planting ideas in the minds of other school boards'' nationwide.
That's especially true in Texas, says Henslee, whose law firm represents about 300 school districts statewide. "To say that our phones have been ringing off the hook is an understatement," he says.
Drug testing is one of the hottest topics among the 3,000 members of the Virginia-based National School Boards Association, says Julie Underwood, general counsel.
While the association has not taken a position on the Lockney policy, Ms. Underwood says, "if I were a school district, I would be extremely cautious of going this far."
Meanwhile, the school board has agreed not to punish Brady - who says he's not at all bothered by the national attention his case has earned - until the court case is resolved. His father vows to take it as far as he can.
"I hate to see what's going on here,'' says Tannahill, who was born and raised in Lockney. "But if I give up now ... I'm not teaching my children what the Constitution means."

Associated threads:
http://www.lubbockonline.com/stories/021300/loc_021300114.shtml
http://www.onlineathens.com/stories/020400/new_test.shtml


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The New World Order has a Third Reich odor.
 
Way to go Mr.Tannahill !!!
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We were discussing this case in my gov't class. Half the class was opposed to the drug tests the other half was not. The half that was not opposed said "if you're not doing drugs why not take the test?". I said "if there's no probable cause that shows that I might be taking drugs why should I be forced to take the test?" The stupid sheeple just don't get it. Someday somthing that they care about will be made a crime and they'll scream and whine because all of a sudden the rights that they cared about will be gone.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>"if there's no probable cause that shows that I might be taking drugs..."[/quote]

Russell, c'mon now ! Didn't you know ? Being under the age of forty IS probable cause !
 
I think that the parent, NOT THE STATE, has the final word on what is done to or with the child. We are not yet a Cuba or Russia but we are quickly becoming Voluntary Socialists and our schools are leading the charge.

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Better days to be,

Ed
 
and people wonder why HomeSchooling is becoming so popular......
 
MTAA I thought being between ages 45 and 55 was a sure sign you did drugs in the past, but of course you could pass the White House background test today though
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The "not discriminated against, because everyone's got to do it" thing is a red herring, pure and simple. So what? If everyone is daily stripped-search by police, that doesn't mean it passes muster as reasonable under the 4th amendment.
 
I agree that this is blatently unconstitutional and morally wrong. Drug tests by schools are another sellout of our civil rights to the "war on drugs" and Partnership for a Drug Free Amerika, which incidently is bankrolled by RJR Nabisco, Philip Morris, and several other DRUG making companies.

It is no wonder that home schooling is becoming more poppular.
 
How about virginity tests for potential Homecoming Queens ? How about all parents make their tax returns public ? How about all police records be open for viewing by anyone ? This sounds dumb but it is all found on "the slippery slope" . If a refusal is the same as guilty then all courts must accept no plea other than guilty . Since a refusal of guilt is proof of it de facto .

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TOM SASS MEMBER AMERICAN LEGION MEMBER NRA MEMBER
 
Let me get this straight...

"For their part, school officials say the drug-testing policy - considered the most stringent in the country - allows students to be educated in a safe, disciplined environment. No one is discriminated against because all students and teachers must take the test, officials add, and results remain confidential.

and yet,
"A refusal to sign the form, parents were told, would garner the same punishment as failing to pass the test: a 21-day suspension from extracurricular activities, three days in-school suspension, and three sessions of substance-abuse counseling.

These two statements just don't go together. You can't punish a student with suspension & counseling in complete confidentiality. It's just not possible.

Lessee here, Bobby wasn't in class the last 3 days, can't show up for practice and has meetings with the couseler. Gee, I have no idea why. Ahh, well, I have now idea what he got in trouble for...

How "Confidential" is that????
 
Seems to be, correctly, much disagreement with what is going on in America by Americans. It is pitifully plain to me who the enemy of Americans are, but evidently most Americans are blind in one and can't see out of other one. The enemy is those who enact unconstitutional laws and their supporters. Now who is that? For the most part it is democrats and republicans. Wake up Americans. Quit arguing among yourselves and with your political enemies. Use your power of the vote. Vote third party for every office come November and tell everyone you know to do the same.

Those who do not know what their Rights are have none.

"The hardest part about being free is that you must allow your neighbor to be the same."
-- Bob Lonsberry
 
A few weeks ago I saw the ACLU on C-SPAN. They were raising Hell on how the drug testing industry is trying to get EVERYONE tested -- it's a growth industry. A minor detail that the 4th Amendment is shredded in the process.

Sounded like gun control - Start out with those who have no right to say no, like prisons, reformatories. Once you've established it there, go after the schools, then certain vocations (although I don't have a problem with truck/bus/railroad drivers, etc. being tested), then spread it everywhere.

That's why you see signs at Home depot, et al saying they test all applicants. Soon that will be the norm at the burger-flipping businesses.

I understand that in some cases, three
"positives" (which a refusal is treated as)
and the State can claim you're an unfit family and take the kid away. "It takes a village . . ."

I recently retired from the contract computer programmer game. They were starting to require tests there. Twice, when individual companies requested it of me, I bluffed, "OK, but then you'll have to assume FULL liability for a false positive. It's a two-way street. My reputation is at stake."

One went dead silent and never mentioned it again. The other I never heard from again (Compaq in Houston).

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The New World Order has a Third Reich odor.

[This message has been edited by Oatka (edited April 20, 2000).]
 
When ALL members of education; law enforcement; medicine; federal, state, and local governments; the media; AND the military voluntarily decide to be tested, then come back to me - perhaps then I'll reconsider. (Don't bet on it.)

Try to take an involuntary (or coerced) test from children and you will have a 250-lb, violent problem.
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PS. I'm willing to give them my urine, but I don't know how they'll get it off their leg to test it.

[This message has been edited by Dennis (edited April 21, 2000).]
 
I would like to thank Mr Tannahill for fighting this battle. This issue has bothered me for my entire 14 years in the military. Service members have no choice or rights in this matter. We submit to testing when told, or go to prison. I've been given the "held to a higher standard" excuse my whole career. That excuse has never sit well with me. I submit to testing without much of a fuss because I love being in the military. It's a choice I made when I enlisted. Doesn't mean I agree with it though.

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Tom Whitman
SSgt, USAF
 
I know what you mean, Tom.

Then again, having an F-16 mechanic or an Abrams tank driver whacked on cocaine *also* gives me the willies!
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Tough choices...
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Russell, If the topic comes up again, ask the ones who have no problem with the test if they think the police should be allowed to search everyone's pockets or search everyone's homes without any justification. After all, if they aren't doing anything illegal, what do they have to hide? They will probably say that that is different, but it isn't. Your body is yours just as is your home. There must be clear and overwhelming justification to violate your rights by forcing you to submit to these invasions. A fishing expedition by the school or the cops is neither justified or right.
 
"We just want to be proud that we have a drug free school"
I guess we should be proud that after '93, we have a religious weirdo free nation huh? The end justifies the means. It is frightening to see just how much we've trained a whole generation to want to have their liberties stripped. By the time I'm forty, this country won't resemble anything of what it looked like when I was 5. Do everyone a favor, and teach your kids, grandkids, and neighbor kids what liberty really is, and how to defend it.
 
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