COUNTY DRUG COURT IDEA WORTH STUDY

Student begins suspension

BY KEN de la BASTIDE Staff Reporter

ANDERSON - Buddy Willis stay home from school Monday as he began serving a
five-day suspension for refusing to take a mandatory urine drug test.

"Buddy" Willis began serving the suspension at Anderson High School after
losing a federal court battle Friday. Friday. He had sought a temporary
restraining order to permit him to attend classes.

The Indiana Civil Liberties Union last week filed suit on Willis' behalf
against Anderson Community Schools claiming the school's policy, that
requires students who have been suspended for more than three days to
submit to a drug test before being allowed back in school, as
unconstitutional.

Willis was suspended for five days prior to the Christmas recess for fighting.

U.S. District Court Judge John Tinder last week rejected Willis' request
for a temporary restraining order that would have let him go back to school
until the constitutionality of the policy is resolved.

Tinder ruled that ACS officials were able to show a connection between
behavior and possible drug use based on statistics from the Carmel school
system. ACS based its policy on the one used in Carmel schools.

He also ruled that because the drug tests are only used for counseling of
students and not punishment, it is not a violation of the Fourth Amendment
to the Constitution against unreasonable search and seizure.

Randy Willis, Buddy's father, said the ICLU has filed an appeal with the
Seventh Circuit Court of Appeal in Chicago to seek a preliminary injunction
to allow his son back into school.

"I plan on appearing before the school board tonight (Tuesday) to point out
some moral and ethical problems with the policy," he said. "The school
should look at all the other factors. There is no reasonable suspicion to
test him (Buddy) for drugs."

Willis said he has no problem having his son take a drug test to
participate in athletics or if there is evidence that a drug test is
necessary because of behavioral problems.

AHS Principal James Regenold said Buddy Willis didn't appear at school on
Monday.

Regenold and Highland High School Principal Lennon Brown said no other
student has refused to take the drug test to be readmitted to school.

Superintendent Jane Kendrick said the policy is to suspend a student for
five days if he refuses to take the drug test.

Regenold said Willis will be readmitted to AHS as soon as he agrees to take
the drug test.

The current suspension runs through Jan. 9 and if Willis again refuses to
take the drug test he will be suspended for an additional five days.

ICLU attorney Ken Falk, representing the Willis family, did not return two
telephone calls to The Herald Bulletin.