TULIA ISD PUSHES FOR RULING ON DRUG TESTING

TULIA - The Tulia Independent School District might file a petition with
the Fifth Circuit Court of Appeals to force U.S. District Judge Mary Lou
Robinson to rule on a lawsuit challenging the district's extracurricular
drug-testing program.

In a Tuesday meeting, the board discussed filing a writ of mandamus with
the court of appeals, which would require Robinson to issue a ruling,
according to TISD reports. The board will formally consider the petition at
its meeting Oct. 10. Robinson heard arguments for the case in August 1999,
according to Globe-News files.

"The board has some reservations about asking for a writ of mandamus, but
it has been advised by legal counsel that there is no other means available
to bring closure to this matter," Superintendent Mike Vinyard said.

Hollister Gardner, 20, and his cousin, Molly Gardner, 16, filed the suit in
January 1997 to protest the Tulia Independent School District's "mandatory,
suspicion-less" drug-testing policy. Under the program, anyone in junior
high or high school desiring to participate in extracurricular activities
must submit to random drug testing.

The central question in the case is whether the public goal of eradicating
drugs overwhelms privacy issues and constitutional protections against
illegal searches, according to documents filed in the case.

"The board of trustees would like to have the matter resolved and has been
disappointed that Judge Robinson has not issued a ruling in the case," a
TISD press release states.