By Tim McFarland

Staff Writer

A coalition of about 50 Goshen County students and parents have filed a 34-page lawsuit against the Goshen County School District regarding the district’s new random drug and alcohol testing policy.

The suit was filed with the Goshen County District Court after the coalition claimed the policy unconstitutional. They claim that the policy, passed in April, violates the Fourth and 14th Amendments of the United States Constitution.

“The entire drug testing policy is unconstitutional,” the plaintiffs’ attorney, Harriet Hageman, told the Associated Press. “I don’t believe that random, suspicionless drug testing is appropriate or allowed by either the Wyoming Constitution or the federal Constitution.”

The plaintiffs say participating in extracurricular activities help students avoid illegal drugs and alcohol by providing them with positive outlets, exposing them to positive role models and providing them with the type of supervision and structure critical to their emotional development.

According to school district documents, the new policy requires all students who wish to participate in school sanctioned activities, including instrumental and vocal music, drama, journalism, athletics, and other activities, to sign an agreement allowing the administration to conduct random drug testing. Those who do not sign the form will not be allowed to participate in extracurricular activities.

Document filed by the coalition state that the extracurricular activities in which the students would be subject to the testing are critical in terms of creating, fostering and nurturing the type of responsible students who will some day be leaders in their communities and in the state.

“Extracurricular activities help to foster a sense of individual self worth and community spirit by instilling in students a sense of belonging, accomplishment, camaraderie and the importance of involvement,” the plaintiffs state in their lawsuit. “Sports activities in particular provide regular exercise, promote good health and provide a life-long foundation for leading an active lifestyle.”

According to the Student Drug Testing Coalition, student drug testing is allowed in the No Child Left Behind Act of 2001, which was signed into law by President George W. Bush.

Sec. 4002 of the Act allows schools to conduct random drug testing to prevent violence in and around schools, and to prevent the illegal use of alcohol, tobacco and other drugs to foster a safe and drug free learning environment.

According to the Associated Press, this lawsuit is the first challenge a school district in Wyoming has received against its drug testing policy.

In 2002, the United States Supreme Court ruled 5-4 that drug testing did not violate students’ constitutional protection against unreasonable searches for students involved in sports and other competitive extracurricular activities.

The Goshen County group bringing the lawsuit said the policy violates the 4th Amendment protection against unreasonable search and seizure. The lawsuit also claims the policy violates the 14th Amendment’s equal protection provision by treating students involved in activities differently than students not involved in the extracurricular activities.

Hugh and Lee Hageman are among the parents who filed suit against the school district. They said they have supported school activities over the years, and the students shouldn’t be forced to submit to drug testing.

“We don’t want this (drug testing) for our students,” Hugh said. “It’s time we stand up and fight for our freedoms.”

The plaintiffs were unable to comment on the lawsuit itself.

Goshen County School Superintendent Ray Schulte declined to comment on the litigation.

For the complete article see the 07-10-2009 issue.

Click here to purchase an electronic version of the 07-10-2009 paper.

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