Judge sides with Goshen County School District

Drug-testing challenge fails

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CHEYENNE -- A judge has upheld a school district's new policy of random drug testing for students in extracurricular activities.

State District Judge Wade Waldrip sided with the Goshen County School District in a lawsuit against the policy allowing tests without suspicion.

Waldrip wrote that the drug testing does not constitute an unreasonable search under the federal or state constitutions.

The school board approved the policy in April, and dozens of students and parents sued in July. Despite the suit, the district implemented the policy at the start of the school year.

"I wish we didn't have drug abuse and we didn't have to have this conversation," Superintendent Ray Schulte said Thursday. "But until that day occurs, I believe we do need to have this conversation."

The southeast Wyoming district includes Torrington, Southeast and Lingle-Fort Laramie high schools.

Surveys showed high rates of student drug use and significant parent concern about the problem, Schulte said.

The school district in Gillette has a similar drug-testing policy.

The plaintiffs' attorney, Harriet Hageman, declined to comment beyond saying she planned to appeal.

The U.S. Supreme Court upheld random student drug testing in 2002.

The lawsuit argued the Goshen County policy violates the Wyoming constitution.

Waldrip wrote in an Oct. 15 decision letter that the U.S. Supreme Court has held that schools "are expected to exercise supervision and control over the students that could not be exercised over adults." Examples include vision and hearing screenings and vaccinations at school.

"Based on the relationship between students and school authorities, students simply are subject to greater restrictions than are adults and, likewise, lack the complete array of freedoms that adults possess," Waldrip wrote.

Waldrip also dismissed claims the policy violates students' equal protection and due process rights.

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