Lawsuit filed over student drug testing

(Justin Lewis, WTVA)
(Justin Lewis, WTVA)
Reported by: Mel Carlock
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Updated: 4/24/2013 1:56 pm
AMORY, Miss. (WTVA) -- The family of a student in the Amory School District has filed a federal lawsuit claiming the district violated the Fourteenth Amendment in its handling of random drug testing.

In a federal lawsuit filed last week, the family contends the district failed to follow its only guidelines after a random drug test turned up a positive result for methamphetamine.

The lawsuit names the district, the school board, school administrators, three unnamed district employees, and Advanced Screening Solutions, LLC.

The family says the school announced the students who were selected for the testing over the intercom system and do not try to keep their names confidential.

The testing was conducted on March 27, 2013 according to the court lawsuit.

They also contend the district failed to follow its own procedures by using a testing company that does not have a medical review officer.

The family claims the district then failed to follow policies in regards to talking about the results with the parents and the review officer,  to allow an appeal the findings, and to obtain an immediate followup test.

They claim the district said they would have to wait 30 days before the second test would be conducted.

The parents say they paid for an evaluation that came back negative.

In the lawsuit, filed last week, the family also claims employees of the district then told other students about the test results.

The lawsuit asks the judge to stop the district from enforcing its drug testing policy as they described and monetary damages from emotional distress.  

They also ask the student be allowed to return to extracurricular activities. 

WTVA News attempted to contact the attorney for the district Wednesday afternoon, but has not received a response.
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