Ind. Schools Halt Drug Testing Programs August 25, 2000
News Summary
As a result of a recent Indiana appellate court ruling, school districts throughout the state have put their random drug-testing programs on hold, the Indianapolis Star reported Aug. 23.The Indiana Court of Appeals ruled that random drug testing of students was unconstitutional. Some schools were requiring students to submit to random drug tests as a condition for driving to school, playing sports or joining a club. The court, however, said schools must have probable cause in order to conduct drug testing.
Following the ruling, the Indiana School Boards Association sent e-mails to its 290 member school corporations directing them to immediately stop drug-testing students at random. "Otherwise, these schools would be in deliberate defiance of the Court of Appeals," said David Emmert, general counsel for the School Boards Association. "That's indefensible."
Officials at Hamilton Southeastern Schools plan to have their attorney study the ruling. "We have strongly supported the [drug-testing] policy," said Superintendent Robert Herrold. "We feel it has been a strong deterrent for students. At least the intent of the policy was to be a deterrent for students to use illegal substances and products they shouldn't. It was not intended to be punitive. We certainly thought it was an effective deterrent and it gave students a reason to say no."
Walt Aldorisio, supervisor of drug testing at Center Grove schools, said he would follow the court's ruling, but believes the judges made a mistake. "I do not believe the appellate court is ruling in the best interests of the young people or the schools," he said. "I will put it that bluntly. And I'm a civil libertarian as much as anyone."
If an appeal goes to the Indiana Supreme Court, Roger Thornton, executive director of the Indiana Association of Public School Superintendents, said a number of school districts plan to band together and file a "friend of the court" brief in support of random drug testing. Other districts may petition the Supreme Court for a stay so they can continue their drug-testing programs.
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